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Issue Area City COA
⚫ 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.
Biological Resources 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no construction shall be allowed inside the buffer areas until a qualified biologist has determined that the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on the nest).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.
Cultural Resources 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.
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 Item 7a, Attachment 8
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Table 7.B: Applicable City Conditions of Approval
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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.
Geology and Soils Paleontological Resources. (Ongoing throughout demolition, grading, and/or construction). In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented.
The plan shall be submitted to the City for review and approval.
Greenhouse Gas Emissions Construction and Demolition Diversion. Applicant shall submit a Construction Waste Management Plan that meets the requirements of BMC Chapter 19.37 including 100 percent diversion of asphalt, concrete, excavated soil and land-clearing debris and a minimum of 65 percent diversion of other nonhazardous construction and demolition waste.
Low-Carbon Concrete. The project shall verify compliance with the Berkeley Green Code (BMC Chapter 19.37) including use of concrete mix design with a cement reduction of at least 25 percent.
Hazards and Hazardous
Materials
Toxics. The applicant shall contact the Toxics Management Division (TMD) at 1947 Center Street or (510) 981-7470 to determine which of the following documents are required and timing for their submittal:
A. Phase I and Phase II Environmental Site Assessment (ESA) (per ASTM 1527). A recent Phase I ESA (less than 2 years old) shall be submitted to the Toxics Management Division for developments for: all new commercial, industrial and mixed-use developments and all improvement projects that require work 5 or more feet below grade, and all new residential buildings with more than four dwelling units located in the Environmental Management Area (or EMA). The EMA can be viewed at: City of Berkeley Community GIS Portal (arcgis.com)
B. Depending on the findings in the Phase I, a Phase II or additional investigation may be necessary. Any available soils and groundwater analytical data available for projects listed in this section must also be submitted to TMD.
C. Environmental Site Clearance. The applicant shall provide environmental screening clearance from either the San Francisco Bay Regional Water Quality Control Board (RWQCB), Department of Toxic Substances Control (DTSC), or the Alameda County Department of Environmental Health’s Local Oversight Program (LOP). Clearance from one of these regulatory agencies will ensure that the property meets development investigation and cleanup standards for the specific use proposed on the property. Environmental screening clearance shall be submitted to the City of Berkeley’s Toxics Management Division prior to issuance of any building permits.
D. Soil and Groundwater Management Plan. A site-specific Soil and Groundwater Management Plan (SGMP) shall be submitted to Toxics Management Division (TMD) for all non-residential projects, and residential or mixed-use projects with more than four dwelling units, that: (1) are in the Environmental Management Area (EMA), as shown on the most recent City of Berkeley EMA map, and (2) propose any excavations deeper than 5 feet below grade or if significant soils removal is anticipated. The SGMP shall be submitted to the TMD with the project’s building permit application and shall be approved by TMD prior to issuance of the building permit.
The SGMP shall comply with the hazardous materials and waste management standards Item 7a, Attachment 8
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Issue Area City COA
required by BMC Section 15.12.100, the stormwater pollution prevention requirements of San Francisco Bay Regional Water Quality Control Board’s Order No. R2-2009-0074, California hazardous waste generator regulations (Title 22 California Code of Regulations (CCR) 66260 et seq.), and the East Bay Municipal Utility District’s Ordinance 311, and shall include the following:
i. procedures for soil and groundwater management including identification of pollutants and disposal methods;
ii. procedures to manage odors, dust and other potential nuisance conditions expected during development;
iii. notification to TMD within 24 hours of the discovery of any previously undiscovered contamination; and
iv. the name and phone number of the individual responsible for implementing the SGMP and who will respond to community questions or complaints.
TMD may require additional information or impose additional conditions as deemed necessary to protect human health and the environment. All requirements of the approved SGMP shall be deemed conditions of approval.
E. Demolitions & Renovations – Building Materials Survey. A hazardous materials survey for building materials and plans on hazardous materials and hazardous waste removal and disposal is required and must be prepared by qualified professionals, and submitted to the Toxics Management Division (TMD) prior to issuance of the building permit. i. The survey shall include the identification of all materials to be disturbed for lead- based paints, PCB containing equipment and caulking, hydraulic fluids, refrigerants, treated wood, and mercury containing devices (including fluorescent light bulbs and mercury switches), asbestos and other hazardous materials and chemicals. ii. If asbestos is identified, Bay Area Air Quality Management District Regulation 11-2- 401.3 a notification must be made and the J number must be made available to the City of Berkeley Permit Service Center. Contractors must follow state regulations where there is asbestos-related work involving 100 square feet or more of asbestos containing material (8 Cal. Code Regs. §1529, §341.6 et seq.) iii. The report to the TMD shall include, in addition to the survey, plans on hazardous materials and hazardous waste removal and disposal that comply with State and Federal codes including California Code of Regulations (CCR) 66260 et seq. iv. Documentation evidencing disposal of hazardous waste in compliance with the survey shall be submitted to TMD within 30 days of the completion of the demolition.
Please note, the PCB Screening Form required by Public Works, Engineering, is a separate requirement and does not address the PCB identification requirement of the Toxics Management Division.
F. Hazardous Materials Business Plan. A Hazardous Materials Business Plan (HMBP) in compliance with BMC Section 15.12.040 and California Health & Safety Code, Chapter 6.95 Div. 20, shall be submitted to the Toxics Management Division through the California Environmental Reporting System: http://cers.calepa.ca.gov/ for chemicals used or stored on site during construction that exceed reporting thresholds. The reporting is required if your facility stores or handles hazardous materials in aggregate quantities equal to or greater than 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet of compressed gases, or generates any quantity of hazardous waste. This includes welding gases, emergency generator fuel, paints, etc.
Additionally, the business occupant must submit an HMBP within 30 days of starting operations.
G. Petroleum Storage. A Spill Prevention, Control, and Countermeasure (SPCC) Plan is required Item 7a, Attachment 8
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to be prepared and implemented for facilities with any one of the following:
i. Aggregate aboveground petroleum storage capacities of 1,320 gallons or more stored in aboveground storage containers, tanks, oil-filled equipment, or ii. One or more tank(s) in an underground area (TIUGA) with petroleum storage capacities of 55 gallons or greater. More information on TIUGAs can be found here:
https://osfm.fire.ca.gov/divisions/pipeline-safety-and-cupa/certified-unified-program- agency-cupa/aboveground-petroleum-storage-act/tank-in-an-underground-area- tiuga/
The SPCC plan must be prepared prior to beginning operations and you must submit facility information to Toxics Management Division (TMD) through the California Environmental Reporting System: http://cers.calepa.ca.gov/. The SPCC plan will be reviewed during the site inspection and shall not be submitted in CERS or to the TMD.
Hydrology and Water Quality Stormwater Requirements.The applicant shall demonstrate compliance with the requirements of the City’s National Pollution Discharge Elimination System (NPDES) permit as described in BMC Section 17.20. The following conditions apply:A.
The project plans shall identify and show site-specific Best Management Practices (BMPs) appropriate to activities conducted on-site to limit to the maximum extent practicable the discharge of pollutants to the City's storm drainage system, regardless of season or weather conditions.
B. Trash enclosures and/or recycling area(s) shall be covered; no other area shall drain onto this area. Drains in any wash or process area shall not discharge to the storm drain system; these drains should connect to the sanitary sewer. Applicant shall contact the City of Berkeley and EBMUD for specific connection and discharge requirements. Discharges to the sanitary sewer are subject to the review, approval and conditions of the City of Berkeley and EBMUD.
C. Landscaping shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize the use of fertilizers and pesticides that contribute to stormwater pollution. Where feasible, landscaping should be designed and operated to treat runoff.
When and where possible, xeriscape and drought tolerant plants shall be incorporated into new development plans.
D. Design, location and maintenance requirements and schedules for any stormwater quality treatment structural controls shall be submitted to the Department of Public Works for review with respect to reasonable adequacy of the controls. The review does not relieve the property owner of the responsibility for complying with BMC Chapter 17.20 and future revisions to the City's overall stormwater quality ordinances. This review shall be conducted prior to the issuance of a Building Permit.
E. All paved outdoor storage areas must be designed to reduce/limit the potential for runoff to contact pollutants.
F. All on-site storm drain inlets/catch basins must be cleaned at least once a year immediately prior to the rainy season. The property owner shall be responsible for all costs associated with proper operation and maintenance of all storm drainage facilities (pipelines, inlets, catch basins, outlets, etc.) associated with the project, unless the City accepts such facilities by Council action. Additional cleaning may be required by City of Berkeley Public Works Engineering Dept.
G. All on-site storm drain inlets must be labeled “No Dumping – Drains to Bay” or equivalent using methods approved by the City.
H. Most washing and/or steam cleaning must be done at an appropriately equipped facility that drains to the sanitary sewer. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge or soaps or other pollutants to the storm drain. Sanitary connections are subject to the review, approval and conditions of the Item 7a, Attachment 8
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sanitary district with jurisdiction for receiving the discharge.
I. All loading areas must be designated to minimize “run-on” or runoff from the area.
Accumulated waste water that may contribute to the pollution of stormwater must be drained to the sanitary sewer or intercepted and pretreated prior to discharge to the storm drain system. The property owner shall ensure that BMPs are implemented to prevent potential stormwater pollution. These BMPs shall include, but are not limited to, a regular program of sweeping, litter control and spill cleanup.
J. Restaurants, where deemed appropriate, must be designed with a contained area for cleaning mats, equipment and containers. This contained wash area shall be covered or designed to prevent run-on or run-off from the area. The area shall not discharge to the storm drains; wash waters should drain to the sanitary sewer, or collected for ultimate disposal to the sanitary sewer. Employees shall be instructed and signs posted indicating that all washing activities shall be conducted in this area. Sanitary connections are subject to the review, approval and conditions of the waste water treatment plant receiving the discharge.
K. Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris must be trapped and collected to prevent entry to the storm drain system. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash waters should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the sanitary district with jurisdiction for receiving the discharge.
L. The applicant is responsible for ensuring that all contractors and sub-contractors are aware of and implement all stormwater quality control measures. Failure to comply with the approved construction BMPs shall result in the issuance of correction notices, citations, or a project stop work order.
Public Works. All piles of debris, soil, sand, or other loose materials shall be covered at night and during rainy weather with plastic at least one-eighth millimeter thick and secured to the ground.
Public Works. The applicant shall ensure that all excavation takes into account surface and subsurface waters and underground streams so as not to adversely affect adjacent properties and rights-of-way.
Public Works.The project sponsor shall maintain sandbags or other devices around the site perimeter during the rainy season to prevent on-site soils from being washed off- site and into the storm drain system. The project sponsor shall comply with all City ordinances regarding construction and grading.
Public Works.Prior to any excavation, grading, clearing, or other activities involving soil disturbance during the rainy season the applicant shall obtain approval of an erosion prevention plan by the Building and Safety Division and the Public Works Department. The applicant shall be responsible for following these and any other measures required by the Building and Safety Division and the Public Works Department.
Noise Construction Noise Reduction Program.The applicant shall develop a site-specific noise reduction program prepared by a qualified acoustical consultant to reduce construction noise impacts to the maximum extent feasible, subject to review and approval of the Zoning Officer.
The noise reduction program shall include the time limits for construction listed above, as measures needed to ensure that construction complies with BMC Section 13.40.070. The noise reduction program should include, but shall not be limited to, the following available controls to reduce construction noise levels as low as practical:
⚫ Construction equipment should be well maintained and used judiciously to be as quiet as practical.
⚫ Equip all internal combustion engine-driven equipment with mufflers, which are in good Item 7a, Attachment 8
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condition and appropriate for the equipment.
⚫ Utilize "quiet" models of air compressors and other stationary noise sources where technology exists. Select hydraulically or electrically powered equipment and avoid pneumatically powered equipment where feasible.
⚫ Locate stationary noise-generating equipment as far as possible from sensitive receptors when adjoining construction sites. Construct temporary noise barriers or partial enclosures to acoustically shield such equipment where feasible.
⚫ Prohibit unnecessary idling of internal combustion engines. ⚫ If impact pile driving is required, pre-drill foundation pile holes to minimize the number of impacts required to seat the pile.
⚫ Construct solid plywood fences around construction sites adjacent to operational business, residences or other noise-sensitive land uses where the noise control plan analysis determines that a barrier would be effective at reducing noise. ⚫ Erect temporary noise control blanket barriers, if necessary, along building facades facing construction sites. This mitigation would only be necessary if conflicts occurred which were irresolvable by proper scheduling. Noise control blanket barriers can be rented and quickly erected.
⚫ Route construction related traffic along major roadways and away from sensitive receptors where feasible.
Construction Noise Management – Public Notice Required.At least two weeks prior to initiating any construction activities at the site, the applicant shall provide notice to businesses and residents within 500 feet of the Project site. This notice shall at a minimum provide the following: (1) project description, (2) description of construction activities during extended work hours and reason for extended hours, (3) daily construction schedule (i.e., time of day) and expected duration (number of months), (4) the name and phone number of the Project Liaison for the Project that is responsible for responding to any local complaints, and (5) that construction work is about to commence. The liaison would determine the cause of all construction-related complaints (e.g., starting too early, bad muffler, worker parking, etc.) and institute reasonable measures to correct the problem. A copy of such notice and methodology for distributing the notice shall be provided in advance to the City for review and approval.
Construction Phases.The applicant shall provide the Zoning Officer with a schedule of major construction phases with start dates and expected duration, a description of the activities and anticipated noise levels of each phase, and the name(s) and phone number(s) of the individual(s) directly supervising each phase. The Zoning Officer or his/her designee shall have the authority to require an onsite meeting with these individuals as necessary to ensure compliance with these conditions. The applicant shall notify the Zoning Officer of any changes to this schedule as soon as possible.
Construction Hours.Construction activity shall be limited to between the hours of 7:00 a.m. and 6:00 p.m. on Monday through Friday, and between 9:00 a.m. and 4:00 p.m. on Saturday. No construction-related activity shall occur on Sunday or any Federal Holiday.
Construction Hours – Exceptions. It is recognized that certain construction activities, such as the placement of concrete, must be performed in a continuous manner and may require an extension of these work hours. Prior to initiating any activity that might require a longer period, the developer must notify the Zoning Officer and request an exception for a finite period of time.
If the Zoning Officer approves the request, then two weeks prior to the expanded schedule, the developer shall notify businesses and residents within 500 feet of the Project site describing the expanded construction hours. A copy of such notice and methodology for distributing the notice shall be provided in advance to the City for review and approval. The Project shall not be allowed more than 15 extended working days.
Project Construction Website.The applicant shall establish a Project construction website with the following information clearly accessible and updated monthly or more frequently as changes Item 7a, Attachment 8
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warrant:
⚫ Contact information (i.e., "hotline" phone number, and email address) for the Project construction manager
⚫ Calendar and schedule of daily/weekly/monthly construction activities ⚫ The final Conditions of Approval, Mitigation Monitoring and Reporting Program, Transportation Construction Plan, Construction Noise Reduction Program, and any other reports or programs related to construction noise, air quality, and traffic.
Damage Due to Construction Vibration.The project applicant shall submit screening level analysis prior to, or concurrent with demolition building permit. If a screening level analysis shows that the Project has the potential to result in damage to structures, a structural engineer or other appropriate professional shall be retained to prepare a vibration impact assessment (assessment). The assessment shall take into account project specific information such as the composition of the structures, location of the various types of equipment used during each phase of the project, as well as the soil characteristics in the project area, in order to determine whether project construction may cause damage to any of the structures identified as potentially impacted in the screening level analysis. If the assessment finds that the Project may cause damage to nearby structures, the structural engineer or other appropriate professional shall recommend design means and methods of construction that to avoid the potential damage, if feasible. The assessment and its recommendations shall be reviewed and approved by the Building and Safety Division and the Zoning Officer. If there are no feasible design means or methods to eliminate the potential for damage, the structural engineer or other appropriate professional shall undertake an existing conditions study (study) of any structures (or, in case of large buildings, of the portions of the structures) that may experience damage. This study shall:
⚫ Establish the baseline condition of these structures, including, but not limited to, the location and extent of any visible cracks or spalls; and
⚫ Include written descriptions and photographs.
Tribal Cultural Resources COA: Archeological Resources and COA: Human Remains.
Halt Work/Unanticipated Discovery of Tribal Cultural Resources. In the event that cultural resources of Native American origin are identified during construction, all work within 50 feet of the discovery shall be redirected. The project applicant and project construction contractor shall notify the City Planning Department within 24 hours. The City will again contact any tribes who have requested consultation under AB 52, as well as contact a qualified archeologist, to evaluate the resources and situation and provide recommendations. If it is determined that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Native American groups. If the resource cannot be avoided, additional measures to avoid or reduce impacts to the resource and to address tribal concerns may be required.
Utilities and Service Systems Water Efficient Landscaping (prior to the issuance of any building [construction] permit).
Landscaping, totaling 500 square feet of more of new landscaping or 2,500 square feet or more of renovated irrigated area, shall comply with the State’s Model Water Efficient Landscape Ordinance (MWELO). MWELO-compliant landscape documentation including a planting, grading, and irrigation plan shall be included in site plans. Water budget calculations are also required for landscapes of 2,500 square feet or more and shall be included in site plans. The reference evapotranspiration rate for Berkeley is 41.8
Recycling and Organics Collection. Applicant shall provide recycling and organics collection areas for occupants, clearly marked on plans, which comply with the Alameda County Organics Reduction and Recycling Ordinance (2021-02). Contact the Zero Waste Division’s Recycling Program Manager, Julia A. Heath, at [email protected].
Source: Compiled by LSA (2025).
COA = conditions of approval
Item 7a, Attachment 8
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8.0 REPORT PREPARERS
8.1 LSA ASSOCIATES, INC.
157 Park Place
Point Richmond, CA 94801
Theresa Wallace, AICP, Principal in Charge
Florentina Craciun, AICP, Project Manager
Lauren Peachey, Assistant Project Manager/Environmental Planner Beverly Inloes, Associate/Senior Technical Editor
Chantik Virgil, Senior Word Processor
Item 7a, Attachment 8
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9.0 REFERENCES
ACC Environmental Consultants. 2024. Phase I Environmental Site Assessment Report, 1685 Shattuck Avenue/2109 Virginia Street, ACC Project Number: 10230-001.00. February 9.
ACC Environmental Consultants. 2024. Phase II Environmental Site Assessment Report, 1685 Shattuck Avenue, Berkeley, California 94709. August 14.
Alameda-Contra Costa County Transit (AC Transit). 2024. Maps & Schedules. Website:
https://www.actransit.org/maps-schedules (accessed March 2025).
Bay Area Air District (Air District). 2023. California Environmental Quality Act Air Quality Guidelines.
April.
Berkeley, City of. 2001a. City of Berkeley General Plan.
Berkeley, City of. 2001b. City of Berkeley General Plan, Land Use Element. December 18.
Berkeley, City of. 2009. City of Berkeley Climate Action Plan. June.
Berkeley, City of. 2011. 2011 Watershed Management Plan. October.
Berkeley, City of. 2014. Municipal Code, Tables 13.40-1, 13.40-2, and 13.40-4.
Berkeley, City of. 2016a. Berkeley Strategic Transportation Plan. June.
Berkeley, City of. 2016b. Stormwater Requirements Overview. June 6.
Berkeley, City of. 2020. City of Berkeley Transportation VMT Criteria and Thresholds. June 29.
Berkeley, City of. 2022a. City of Berkeley 2023-2031 Housing Element Update Environmental Impact Report, SCH No. 2022010331. August.
Berkeley, City of. 2022b. Tree Planting Location Standards. February.
Berkeley, City of. 2023. City of Berkeley 2023-2031 Housing Element Update. January. Amended February 17, 2023.
Berkeley, City of. 2024. City of Berkeley Standard Details, Streets and Sidewalks. May 10.
Berkeley, City of. n.d. Berkeley Municipal Code, Chapter 23.202, Residential Districts, Section
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Item 7a, Attachment 8
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B E R K E L E Y, C A L I F O R N I A
CEQA S E C T I O N S 1 5 1 8 3 A N D 1 5 1 6 2 C O N S I S T E N C Y A N A L Y S I S A U G U S T 2 0 2 5
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23.204.090, C-NS North Shattuck Commercial District.
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California Department of Conservation (DOC). n.d. DOC Maps: Geologic Hazards, Seismic Hazards Program: Alquist-Priolo Fault Hazard Zones. Website:
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California Department of Forestry and Fire Protection (CAL FIRE). 2023. Fire Hazard Severity Zones in State Responsibility Area. September 29. Effective April 1, 2024. Website: https://calfire- forestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b29d89597a b693d008 (accessed June 21, 2024).
California Department of Resources Recycling and Recovery (CalRecycle). 2019. Estimated Solid Waste Generation Rates. Website: https://www2.calrecycle.ca.gov/WasteCharacterization/ General/Rates (accessed August 30, 2024).
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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) East Bay Municipal Utility District (EBMUD). 2021a. 2020 Urban Water Management Plan. June.
East Bay Municipal Utility District (EBMUD). 2021b. 2020 Urban Water Management Plan, Table 3-1:
Average Annual Water Demand Forecast 2050 Demand Projections (MGD). June.
East Bay Municipal Utility District (EBMUD). 2021c. Water Supply. Website:
www.ebmud.com/water/about-your-water/water-supply (accessed March 2025).
East Bay Municipal Utility District GSA and City of Hayward GSA. 2022. East Bay Plan Subbasin, Groundwater Sustainability Plan. January.
Federal Emergency Management Agency (FEMA). 2009. Flood Insurance Rate Map (FIRM) No. 06001C0019G. August 3. Website: https://msc.fema.gov/portal/search?AddressQuery= 2942%20college%20avenue%2C%20berkeley (accessed March 2025).
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LSA Associates, Inc. 2025. Air Quality Analysis Technical Memorandum for the 2109 Virginia Street Project. May 8.
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CAS612008. May 11.
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Strategic Economics. 2016. Envision 2040, 4-Year Review, Market Overview and Employment Lands Analysis. January 28.
Trachtenberg Architecture. City of Berkeley C.3 Stormwater Requirements Checklist, Municipal Regional Stormwater Permit (MRP 3), Stormwater Controls for Development Project Checklist.
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) United States Census Bureau. City of Berkeley, QuickFacts, Persons per household, 2018-2022.
Website: https://www.census.gov/quickfacts/fact/table/berkeleycitycalifornia/PST045222 (accessed March 2025).
United States Department of Agriculture Natural Resource Conversation Service. 2023a. Web Soil Survey. Website: https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx (accessed March 2025).
United States Department of Agriculture Natural Resource Conversation Service. 2023b. Web Soil Survey, Report - Map Unit Description: 150 – Urban land-Tierra complex, 2 to 5 percent slopes. Website: https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx (accessed March 2025).
United States Environmental Protection Agency (USEPA). 2023a. National Overview: Facts and Figures about Materials, Waste and Recycling. Website: https://www.epa.gov/facts-and- figures-about-materials-waste-and-recycling/national-overview-facts-and-figures-materials (accessed August 30, 2024).
United States Environmental Protection Agency (USEPA). 2023b. WaterSense, Energy Star Portfolio Manager, U.S. Water Use Intensity by Property Type Technical Reference. June.
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United States Fish and Wildlife Service (USFWS). National Wetlands Inventory. Website: https://fws primary.wim.usgs.gov/wetlands/apps/wetlands-mapper/ (accessed March 2025).
Item 7a, Attachment 8
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Attachment 4
NOTICE OF PUBLIC HEARING
BERKELEY CITY COUNCIL
ZAB APPEAL: 2109 VIRGINIA STREET, USE PERMIT ZP2024-0066 The public may participate in this hearing by remote video or in-person.
Notice is hereby given by the City Council of the City of Berkeley that on TUESDAY, FEBRUARY 10, 2026 at 6:00 P.M. a public hearing will be conducted to consider an appeal against a decision by the Zoning Adjustment Board to approve Zoning Permit #ZP2024- 0066 to demolish a two-story, 4,604-square-foot non-residential building and surface parking lot, and construct an eight-story (89 feet and 4 inches) 112,969 square-foot mixed-use residential building containing 110 dwelling units (including 9 Very Low- Income and 9 Moderate Income Density Bonus qualifying units), 690 square feet of ground-floor commercial space, 109 off-street vehicle parking spaces and 64 bicycle parking spaces.
The hearing will be held on February 10, 2026 at 6:00 p.m. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.
For further information, please contact Singeh Saliki, Senior Planner at (510) 981-7412 A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of January 29, 2026. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.
Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to
[email protected] in order to ensure
delivery to all Councilmembers and inclusion in the agenda packet.
Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e- mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information. __________________________________
Mark Numainville, City Clerk
Mailed by: January 27, 2026
Noticed Pursuant To: Noticed Pursuant to: Berkeley Municipal Code Section 23.404.040(B), Public Hearing Notice
Attachment 4
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny(Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5) an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6, no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a Zoning Adjustments Board decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
If you challenge the above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Berkeley at, or prior to, the public hearing. Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage prior to the public hearing.
Administrative Record
This attachment is on file and available for review at
the City Clerk Department, or can be accessed from
the City Council Website. Copies of the attachment
are available upon request.
City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
or from:
The City of Berkeley’s Website
http://www.berkeleyca.gov
Attachment
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
INFORMATION CALENDAR
February 10, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing & Community Services Subject: Fiscal Year 2027 Operational Changes to Berkeley Rides for Seniors and the Disabled
SUMMARY
This report outlines proposed operational changes to the City of Berkeley’s Health, Housing, and Community Services Department’s Berkeley Rides for Seniors and Disabled (BRSD) program funded through Alameda County Measure BB funds for Fiscal Year 2027 (FY 2027). BRSD is a supplemental transportation program that provides free taxi, accessible wheelchair and GoGo (Uber/Lyft) rides to eligible Berkeley seniors and disabled residents, facilitating access to essential health and social services. There is currently more demand for the program than available resources. To serve additional community members currently on the waiting list and beyond, additional changes must be made to the program.
CURRENT SITUATION AND ITS EFFECTS
In FY 2025, the BRSD program faced budgetary constraints that required reducing the number of rides and how often ride vouchers were distributed. Council was notified of these issues via an Off-Agenda Report on March 10, 2025 (Attachment 1). Even after redesigning the program, demand continued to exceed what the FY 2026 budget could support. There are currently 170 applicants on the waitlist, the waitlist is now closed, and community members continue to ask to be enrolled in the program.
To keep the program sustainable and able to serve more people, BRSD will make the following changes starting July 1, 2026 (FY 2027):
Fully transition the taxi scrip program allocations to GoGo (Uber/Lyft) and cease the taxi program
Require a $4 rider share of cost per ride
Cap the City’s contribution at $16 per each GoGo ride Allow up to 24 GoGo rides per year and up to 32 wheelchair-accessible rides
FY27 Operational Changes to Berkeley Rides for Seniors & the Disabled INFORMATION CALENDAR February 10, 2026
Provide additional rides for participants with high medical needs: 12 additional GoGo rides and 16 additional wheelchair-accessible rides; and Continue contracting with GoGo sole-source contract in this expanded capacity.
Other Alameda County cities that receive Measure BB funds are also facing similar challenges with taxi programs and many have stopped, or are considering stopping, their taxi scrip programs.
Taxi rides are much more expensive than GoGo rides, and the taxi program has extra costs such as printing taxi scrip booklets and staffing a weekly service day for drivers to redeem scrip. The program’s design is also vulnerable to fraud. In addition, the taxi industry has changed significantly due to companies like Uber and Lyft and the number of taxis in Berkeley has dropped from about 110 in 2016 to only 22 in 2025.
Berkeley is also the only city receiving Measure BB funds that does not require riders to pay a portion of ride cost. For example, the City of Hayward requires riders pay the first $4.00 of each ride up to 10 miles and $6.00 for rides 11 to 20 miles; City of Fremont requires riders pay the first $4.00 of each ride; City of Alameda requires riders pay the first $4.00 of each ride; and City of Oakland will pay for the first $8.00 of each ride and rider pays the remaining cost of the ride. The Alameda County Transportation Commission (ACTC) supports programs adding a rider share of cost to help address budget limits and waitlists.
These changes described above and summarized in the tables below will help BRSD continue supporting older adult residents, serve those on the waitlist, and accept new applicants in FY 2027 while staying within budget and in compliance with Measure BB.
Chart 1: FY 2026 Existing Distribution for Each Eligible Senior Rider and Projected Expenditures
Programs
Number
of
Riders
Annual
Distribution
Frequency
Semiannual
distribution
to Riders
Annual
Total Per
Rider
Anticipated
Total Cost
to City of
Berkeley
Taxi Scrip Program 960 2 $120 $240 $230,400
High Medical Need
Taxi 59 2 $240 $480 $28,320
Wheelchair Van 42 2 $448 $896 $37,632
High Medical
Wheelchair Van 11 2 $448 $896 $9,856
GoGo 960 2 $100 $200 $192,000
TOTAL $498,208
FY27 Operational Changes to Berkeley Rides for Seniors & the Disabled INFORMATION CALENDAR February 10, 2026
Chart 2: FY 2027 Distribution for Each Eligible Senior Rider and Projected Expenditures*
Programs Number
of
Riders
(up to)
Rider
Share
of Cost
Per
Ride
City of
Berkeley
Max.
Contribution
per Ride
Annual
# of
Rides
Per
Rider
Anticipated
Total Cost
to City of
Berkeley
Wheelchair Van 50 $4 $24 32 $38,400
High Medical Wheelchair
Van 20 $4 $24 16 $7,680
GoGo 1,200 $4 $16 24 $460,800
GoGo High Medical Need 70 $4 $16 12 $13,440
TOTAL 1,440 $520,320
* Eliminating backend printing and security costs for the taxi program allows for a higher total program contribution.
BRSD staff attended the November 12, 2025, Commission on Disability meeting to present the proposed FY 2027 changes. Both commissioners and a member of the public generally supported the plan. They highlighted benefits such as reducing fraud, preventing fixed-rate overcharges by taxi drivers, addressing refusals to accept taxi scrip, improving evening and weekend availability, and gaining better service data from GoGo. They also noted that wheelchair users have other transportation options like East Bay Paratransit and AC Transit.
BRSD staff also attended a Commission on Aging Meeting on November 19, 2025, to review the proposed FY 2027 program changes. The commission was pleased with the effort that went into the recertification process that resulted in a significant reduction in member enrollment. They were supportive of a program plan that is fiscally sound and involved the community in the planning process. And they also noted an appreciation that GoGo would provide better service data for program planning.
Staff also gathered additional community input through tabling events at both the North and South Berkeley Senior Centers in December 2025 to share information with the community and hear their input. This input will be used to provide additional outreach and training.
BRSD will inform current participants about the changes through mailed notices, outreach at Senior Centers, the monthly Nugget newsletter, and the BRSD webpage.
Taxi drivers will also be notified that the Taxi Scrip program is ending. All participants will receive written information about the changes in spring 2026, and updated details will be included with each distribution starting in FY 2027. Staff will collect and review participant feedback and monitor ride usage to guide future planning and budgeting.
FY27 Operational Changes to Berkeley Rides for Seniors & the Disabled INFORMATION CALENDAR February 10, 2026
The final Program Plan is due to ACTC in February or March of 2026. Once approved, the City will enter into a new contract with GoGo for FY 2027.
As Berkeley’s senior population continues to grow, the current plan may not meet future demand; consequently, the program will undergo reviews throughout FY 2027 and future years. The program reserves the right to change the participant contribution, subsidy amounts by the City, or enrollment caps should Measure BB allocations be reduced, to ensure the program remains operationally sustainable amid rising demand.
BACKGROUND
The population of older adults in the City of Berkeley is projected to double by 2030, resulting in 1 in 5 adults being over 65 years of age. In recent years, the BRSD program has seen this population growth reflected in the number of enrolled riders and rides provided. Between July 2022 and Spring 2025, the number of enrolled riders increased by 54%, and total rides increased by 58%.
However, BRSD does not anticipate any significant increase in Measure BB revenue to continue to meet this demand. With the goal being to serve as many riders in our community as possible and with the anticipation of growing demand and limited revenue, the program made several changes in FY 2025 - 2026 (Attachment 1). BRSD first created a waitlist and then stopped accepting new applications in March 2025. In April 2025, the program also reduced the number of taxi and GoGo rides available to save costs.
BRSD also recognized that many people enrolled years ago may no longer need the service, and some riders had moved or passed away. To ensure the rider list was accurate, the program required all 1,756 enrolled riders to recertify by completing a new application between June and August 2025. As a result, enrollment decreased by about 47%, leaving 960 active riders.
Additionally, BRSD began a pilot program with GoGo in 2019, which has been largely successful. Key benefits include:
GoGo rides cost much less than taxi rides
GoGo offers a 24/7 call center. Riders can use an automated system or pay a small fee to speak with a live operator
Although GoGo is used less frequently than the taxi program (while the taxi program is still in effect), riders have given positive feedback by phone and during recertification; and
GoGo offers a safety feature that allows riders to add family or friends who receive text updates on pickup and drop-off locations.
FY27 Operational Changes to Berkeley Rides for Seniors & the Disabled INFORMATION CALENDAR February 10, 2026
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, sustainability opportunities, or climate impacts associated with the subject of this report.
POSSIBLE FUTURE ACTION
Demand for this program continues to exceed the resources available. The changes described in this report will help manage costs and allow more people to participate while staying within budget. However, as the population of older adults grows, demand is expected to keep increasing.
Future alternatives include:
Rather than requiring a rider share of cost, the program could continue with a GoGo and Wheelchair Van only program as proposed but could simply apply a 15% cut to all distributions. This alternative would be able to serve the same number of increased participants and would result in similar savings. However, this alternative is not in alignment with other jurisdictions and ACTC guidance to encourage a rider share of cost.
Contracting directly with a Transportation Network Company (TNC) to provide on-demand rides. This could lower ride costs, though the amount of savings is still uncertain. Direct contracting may pose liability concerns, and some seniors may not have a cell phone or may not be able, or want, to use an app to request rides. To address this, BRSD could continue contracting with GoGo so riders without a cell phone can still book trips.
Changing the cost-sharing model. BRSD could pay a smaller, initial fixed portion of each ride while participants pay the remainder. For example, if Berkeley paid the first $8 of each of the 24 annual rides and the participant pays the remaining cost of the ride, the program could serve nearly twice as many participants. Exploring alternative funding sources to expand the program and meet more of the demand.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
The BRSD program is currently 100% funded through Measure BB Direct Local Distribution funding, which is distributed by the Alameda County Transportation Commission. The possible future actions assume that no additional funding is received.
CONTACT PERSON
Rhianna Babka, Manager of Aging Services, HHCS, (510) 981-5410 Attachments:
1: Operational Changes to Berkeley Rides for Seniors and the Disabled (BRSD)
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.ci.berkeley.ca.us/manager March 10,
2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, Cit
y Manager
Subject: Operational Changes to Berkeley Rides for Seniors & the Disabled (BRSD)
This memo outlines key operational changes to the City of Berkeley’s Health, Housing, and Community Services Department’s Berkeley Rides for Seniors & Disabled (BRSD) program. BRSD is a supplemental transportation program that provides free taxi, wheelchair van vouchers, and GoGo (Uber/Lyft) rides to eligible Berkeley seniors and disabled residents, facilitating access to essential health and social services.
Historically, the program increased distribution amounts temporarily due to low usage and to comply with funding guidelines. However, a recent surge in applications (averaging 50 new applications per month), rising ride costs, and increased demand from an aging population have rapidly depleted program reserves. At the current distribution rate and frequency, the total annual distribution cost is $2M. The total projected revenue for FY26 is $865,049.
To ensure long-term sustainability and maximize service reach, distribution amounts and frequency will be reduced, beginning with the April 2025 distribution. Detailed changes are summarized in the tables below. This adjustment will allow the BRSD program to continue serving vulnerable residents within budgetary constraints.
Chart 1: Current Distribution for Each Eligible Senior
Programs Annual
Frequency
Amount Annual Total
Taxi Scrip Program 3 times $200 $600
High Medical Need Taxi 3 times $480 $1,440
Wheelchair Van Program 3 times $448 $1,344
High Medical Wheelchair Van 3 times $448 $1,344
GoGo (Uber and/or Lyft) 3 times $160 $480
Attachment 1
Operational Changes to Berkeley Rides for Seniors & Disabled (BRSD) March 10, 2025
At its current operational capacity, BRSD will not be able to sustain itself past this fiscal year. In order to maintain the program, reductions to the BRSD will need to be made and applications will be either waitlisted and/or not accepted until space is available.
BRSD program is currently at capacity. Planned reductions are as follows:
Chart 2: New Distribution for Each Eligible Senior
Programs Annual
Frequency
Amount Annual Total
Taxi Scrip Program 2 times $120 $240
High Medical Need Taxi 2 times $240 $480
Wheelchair Van Program 2 times $448 $896
High Medical Wheelchair Van 2 times $448 $896
GoGo (Uber and/or Lyft) 2 times $100 $200
It should be noted that the High Medical Need Taxi program has been significantly reduced due to existing transportation benefits available to Medi-Cal beneficiaries enrolled in Alameda Alliance or Kaiser Permanente. These health plans provide comprehensive transportation services for medical, dental, mental health, and substance use disorder appointments, as well as trips to pharmacies and medical supply providers. More information regarding this benefit can be found at alamedaalliance.org and kp.org.
The reduction in distribution will allow for a reassessment of program quality and utilization, providing valuable data to inform future program development. This approach will support long-term financial sustainability and enhance budget planning.
Currently, there are 1,650 Berkeley Seniors participating in the program. Each participant will receive written communication regarding these program changes beginning in April 2025. A letter with the updated changes will accompany each distribution being sent out in the next allotment. Staff will collect any feedback given and assess participant feedback while monitoring utilization rates to identify service gaps and inform future program budgeting and planning.
cc: David White, Deputy City Manager
Mark Numainville, City Clerk
Matthai Chakko, Assistant to the City Manager
Jenny Wong, City Auditor
Scott Gilman, Director, Health, Housing, and Community Services Tanya Bustamante, Deputy Director, Health, Housing, and Community Services
Attachment 1
Communications
All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
Records Online
https://records.cityofberkeley.info/
To search for communications associated with a particular City Council meeting using Records Online:
1. Select Search Type = “Public – Communication Query (Keywords)”
2. From Date: Enter the date of the Council meeting
3. To Date: Enter the date of the Council meeting (this may match the From Date field)
4. Click the “Search” button
5. Communication packets matching the entered criteria will be returned
6. Click the desired file in the Results column to view the document as a PDF