Agenda packet, first session — Berkeley City Council, February 10, 2026 (part 1 of 5)

Tuesday, February 10, 2026 REVISED AGENDA Page 1

REVISED AGENDA
(REVISED TO ADD A TELECONFERENCE LOCATION)

BERKELEY CITY COUNCIL MEETING
Tuesday, February 10, 2026
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1027 BANCROFT WAY, APT D, BERKELEY, CA 94710

ADENA ISHII, MAYOR
COUNCILMEMBERS:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 977 9375. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream.

All Council meetings are recorded.

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

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

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

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

Rev - 1

Tuesday, February 10, 2026 REVISED AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

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

Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.

In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non - agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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

Rev - 2

Tuesday, February 10, 2026 REVISED AGENDA Page 3
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

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

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

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

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

Consent Calendar

1. Amend Berkeley Municipal Code Chapter 14.68 – Bicycle Registration and Licensing
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,997-N.S. repealing Berkeley Municipal Code (BMC) Chapter 14.68, Sections 14.68.020–100 (bicycle licensing and registration), Article II (bicycle establishment permits and dealer reporting), and Article III (general licensing regulations), while retaining definitions (§14.68.010) and operating provisions (§14.68.110–200, including sidewalk restrictions).

First Reading Vote: All Ayes
Financial Implications: Staff time
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000

Rev - 3
Consent Calendar
Tuesday, February 10, 2026 REVISED AGENDA Page 4

2. Amend Berkeley Municipal Code 14.40.100 – Disability Parking Standards and Accommodations
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,998-N.S. amending Berkeley Municipal Code (“BMC”) Section 14.40.100 to align the City’s disability parking provisions with the Americans with Disabilities Act and California Vehicle Code § 295.5; clarify that exempt parking privileges apply when a qualifying disabled individual is either the driver or a passenger; and eliminate duplicative local sticker and identification card requirements by deferring to the California Department of Motor Vehicles (“DMV”) for issuance and administration of disability placards and license plates.

First Reading Vote: All Ayes
Financial Implications: See report
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000

3. Amendments to Title 21 (Subdivisions) to Allow Separate Sale of ADUs From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,999-N.S. to amend Berkeley Municipal Code Title 21 (Subdivisions Ordinance) and Chapter 23.306 Accessory Dwelling Units to implement Assembly Bill (AB) 1033 by establishing local regulations for the separate sale of ADUs as condominiums.

First Reading Vote: Ayes – Taplin, Bartlett, O’Keefe, Blackaby, Humbert, Ishii; Noes - Lunaparra; Abstain - None; Absent – Kesarwani (recused for conflict of interest – ADU owner), Tregub (recused for conflict of interest – ADU tenant) Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

4. Amendments to Title 23 (Zoning) to permit by-right approval of qualifying housing projects on sites identified in previous Housing Elements, and revisions related to Design Review
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 8,000-N.S. amending Title 23 (Zoning) to permit by-right approval of qualifying housing projects on sites identified in previous Housing Elements, and revisions related to Design Review for such projects and for residential projects in the Multi-Use Residential (MU-R) zoning district.

First Reading Vote: All Ayes
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Rev - 4
Consent Calendar
Tuesday, February 10, 2026 REVISED AGENDA Page 5

5. Rescission and replacement of the Police Equipment and Community Safety Ordinance
From: Councilmember Humbert (Author), Councilmember O'Keefe (Co- Sponsor)
Recommendation: Adopt second reading of Ordinance No. 8,001-N.S. to rescind and replace Ordinance 7760-N.S. the Police Equipment and Community Safety Ordinance (enacted May 11, 2021) because the State-level reporting requirements mandated by Chapter 12.8 (Sections 7070 to 7075) of Division 7 of Title 1 of the California Government Code (hereafter referred to as Chapter 12.8) already provide a comprehensive and sufficient framework for police equipment oversight.

This item would bring Berkeley’s local reporting requirements into alignment with those of Chapter 12.8 and allow for one consolidated report, beginning with the 2025 report. The item would also maintain additional targeted reporting requirements for equipment deployment and ongoing use of force reporting under Policy 300.

First Reading Vote: Ayes – Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – Kesarwani, Taplin.

Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180

6. Establish Job Class Specification and Salary Range – Risk Manager From: City Attorney
Recommendation: Adopt a resolution to establish the job class specification and pay scale of Risk Manager with an hourly pay scale of $69.93 to $85.00 distributed across five steps.

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950

7. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 10, 2026
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

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

Rev - 5
Consent Calendar
Tuesday, February 10, 2026 REVISED AGENDA Page 6

8. Contract: Scotts PPE Recon, Inc. for Firefighter Personal Protective Equipment and Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Scotts PPE Recon, Inc. (Contractor) to provide cleaning, maintenance and repair of Firefighter Personal Protective Equipment (PPE) and maintenance, repair and replacement of PPE extractors for the City for a base period from February 11, 2026 to February 10, 2028, in an amount not to exceed $150,000 with an option to extend for three additional years in one-year increments, for a total contract amount not to exceed $405,000.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

9. Application for Prohousing Incentive Program Funds
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to apply for and accept funds from the State of California's Prohousing Incentive Program, in an amount not to exceed $1,250,000.

Financial Implications: See report.

Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

10. Extending Reservations for Housing Trust Fund Projects From: City Manager
Recommendation: Adopt a Resolution: 1. Extending the duration of the previously approved funding reservations and reserve Housing Trust Fund funds and other currently available affordable housing funds, including local Measure O Bond funds, Measure U1 funds, Affordable Housing Mitigation Fees (AHMF), and State funds for the following projects: -Ashby Lofts (2909-2919 Ninth Street) at $850,000; - Supportive Housing in People’s Park (2556 Haste) at $14,359,593; -Ephesian Legacy Court (1708 Harmon) at $14,531,301; and -North Berkeley BART Project at $21,500,000. 2 Authorizing the City Manager or designee to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

11. Donation: Memorial Bench at Codornices Park in Memory of Samuel Reitan Boyden
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Codornices Park in memory of Samuel Reitan Boyden.

Financial Implications: $3,400 - Donation
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Rev - 6
Consent Calendar
Tuesday, February 10, 2026 REVISED AGENDA Page 7

12. Donation: Memorial Bench at Strawberry Creek Park in Memory of Luke Kreinberg
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Strawberry Creek Park in memory of Luke Kreinberg.

Financial Implications: $3,400 - Donation
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

13. Contract No. 32600085 Amendment: Cordoba Corporation for On-site Traffic Engineering Support Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32600085 with Cordoba Corporation for on-site traffic engineering services to augment staffing in the Transportation Division’s Traffic Engineering unit in an amount not to exceed $350,000 through June 30, 2026.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

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

The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

Rev - 7
Action Calendar – Public Hearings
Tuesday, February 10, 2026 REVISED AGENDA Page 8
If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach side to present their issue.

When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

14. Zoning Adjustments Board Appeal: 2109 Virginia, Use Permit #ZP2024-0066 From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt a Resolution denying the appeal and affirming the Zoning Adjustments Board (ZAB) decision to approve Use 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, on a 22,513 square foot lot.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Information Reports

15. Fiscal Year 2027 Operational Changes to Berkeley Rides for Seniors and the Disabled
From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Archived indexed video streams are available at: berkeleyca.gov/council-agendas.

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

Rev - 8

Tuesday, February 10, 2026 REVISED AGENDA Page 9
Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal:
https://records.cityofberkeley.info/.

Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at: berkeleyca.gov/council-agendas
and may be accessed at reference desks at the following locations:

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

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

If you have obtained interpretation services for your use during a City Council meeting and would like to request assistance, please contact the City Clerk Department at (510) 981 -6900, [email protected], or in-person during the meeting.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on February 5, 2026.

Mark Numainville, City Clerk
Rev - 9

Tuesday, February 10, 2026 REVISED AGENDA Page 10
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #14: Zoning Adjustments Board Appeal: 2109 Virginia, Use Permit #ZP2024- 0066

1. Aaryaman Singhal

2. James M. Lloyd on behalf of The California Housing Defense Fund

COSCOW Letter

3. Okeya Vance-Dozier on behalf of the Commission on the Status of Women

Hopkins Street

4. Ross Knight

5. Karen Parolek and Ben Gerhardstein

6. Patrick Golier

7. Darell Owens

8. Michai Freeman on behalf of Friends of Adeline

Encampment Concerns

9. Christine Wenrich (2)

10. Boona Cheema

11. Moni Law (3)

Safety Improvements

12. Shirley Kirsten

13. Areli Balderrrama

Acton Courtyard Tenants Union

14. Yasmin Jenkins (5)

Housing Affordability Concerns

15. Jane White (2)

IKE Kiosks Concerns

16. David Lerman

Proclamation Requests

17. Frank Price

18. Dolores Martinez (2)

Flock Safety

19. Margot Smith

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Tuesday, February 10, 2026 REVISED AGENDA Page 11
Harrison Street Concerns

20. Suzanne Pettigrew

21. Marianne Riddle

22. David Epstein

23. Boona Cheema

24. Jennifer Ito

25. Susan Greef and Maureen Prochaska

26. David Shiretzki

27. Jonathan White

28. Steven Donaldson

29. Ashley Denney

30. Kasey Harboe Guentert

Latino Korean War Memorial

31. Martin Bourque (2)

32. David White (2)

Heinz and Ninth Street

33. David Lerman

Housing Complaint

34. David Glasser (4)

35. Rebecca Rodriguez (4)

Email Concern

36. Lily Liao

Disabled Parking Spaces

37. Jane Tierney

Parking for RVs

38. Diana Bohn

Berkeley Trash Collection Concerns

39. George Woodward

40. Leslie Sakai

41. David Lerman

Progressive Childcare Policy

42. Octavio Raygoza

Measure W

43. Diana Bohn

Street Patching

44. Rischa S. Cole
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Tuesday, February 10, 2026 REVISED AGENDA Page 12
Tiny Homes

45. Madeleine Roberts Rich (2)

Instant Runoff Algorithm

46. Ghawar Camij Toschian

Tear Gas Concerns

47. Maria Yates (2)

48. Nicole Powell

49. Nora Shourd

50. Bobby Jean

26th Annual Celebrity Flag Football

51. Jeffrey Church

Persian New Year

52. Shallon L. Allen

53. Jacob Cohen

BAUASI

54. Blair Beekman

Response Follow-Up

55. Stephen Alpert (2)

Rental Concerns

56. Hector91 Phuentes (4)

57. John Dunlap

Newsletters

58. Downtown Berkeley Association

URLs

59. Russbumper (2)

60. Jane White (2)

Forwards

61. Russbumper (3)

Pledge Inquiry

62. Diana Bohn

E-Scooters and Bikes

63. Robert Borghese (3)

64. Carson Lepre (2)

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Tuesday, February 10, 2026 REVISED AGENDA Page 13
Notice of Intent

65. Jon Ruel Holder II
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

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

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

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

Rev - 13
Rev - 14
Tuesday, February 10, 2026 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, February 10, 2026
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
COUNCILMEMBERS:

Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream.

All Council meetings are recorded.

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

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Tuesday, February 10, 2026 AGENDA Page 2
Preliminary Matters
Roll Call:

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

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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Tuesday, February 10, 2026 AGENDA Page 3
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Consent Calendar

First Reading Vote: All Ayes
Financial Implications: Staff time
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000

Page 3 ends

Consent Calendar
Tuesday, February 10, 2026 AGENDA Page 4

First Reading Vote: All Ayes
Financial Implications: See report
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000

First Reading Vote: All Ayes
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Page 4 ends

Consent Calendar
Tuesday, February 10, 2026 AGENDA Page 5

First Reading Vote: Ayes – Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – Kesarwani, Taplin.

Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950

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

Page 5 ends

Consent Calendar
Tuesday, February 10, 2026 AGENDA Page 6

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

Financial Implications: See report.

Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

Financial Implications: $3,400 - Donation
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Page 6 ends

Consent Calendar
Tuesday, February 10, 2026 AGENDA Page 7

Financial Implications: $3,400 - Donation
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. Th e Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

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

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

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Action Calendar – Public Hearings
Tuesday, February 10, 2026 AGENDA Page 8
If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach side to present their issue.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Information Reports

15. Fiscal Year 2027 Operational Changes to Berkeley Rides for Seniors and the Disabled
From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

Archived indexed video streams are available at: berkeleyca.gov/council-agendas.

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

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Tuesday, February 10, 2026 AGENDA Page 9
Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

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

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].

Mark Numainville, City Clerk

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Tuesday, February 10, 2026 AGENDA Page 10
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #14: Zoning Adjustments Board Appeal: 2109 Virginia, Use Permit #ZP2024- 0066

1. Aaryaman Singhal

2. James M. Lloyd on behalf of The California Housing Defense Fund

COSCOW Letter

3. Okeya Vance-Dozier on behalf of the Commission on the Status of Women

Hopkins Street

4. Ross Knight

5. Karen Parolek and Ben Gerhardstein

6. Patrick Golier

7. Darell Owens

8. Michai Freeman on behalf of Friends of Adeline

Encampment Concerns

9. Christine Wenrich (2)

10. Boona Cheema

11. Moni Law (3)

Safety Improvements

12. Shirley Kirsten

13. Areli Balderrrama

Acton Courtyard Tenants Union

14. Yasmin Jenkins (5)

Housing Affordability Concerns

15. Jane White (2)

IKE Kiosks Concerns

16. David Lerman

Proclamation Requests

17. Frank Price

18. Dolores Martinez (2)

Flock Safety

19. Margot Smith

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Tuesday, February 10, 2026 AGENDA Page 11
Harrison Street Concerns

20. Suzanne Pettigrew

21. Marianne Riddle

22. David Epstein

23. Boona Cheema

24. Jennifer Ito

25. Susan Greef and Maureen Prochaska

26. David Shiretzki

27. Jonathan White

28. Steven Donaldson

29. Ashley Denney

30. Kasey Harboe Guentert

Latino Korean War Memorial

31. Martin Bourque (2)

32. David White (2)

Heinz and Ninth Street

33. David Lerman

Housing Complaint

34. David Glasser (4)

35. Rebecca Rodriguez (4)

Email Concern

36. Lily Liao

Disabled Parking Spaces

37. Jane Tierney

Parking for RVs

38. Diana Bohn

Berkeley Trash Collection Concerns

39. George Woodward

40. Leslie Sakai

41. David Lerman

Progressive Childcare Policy

42. Octavio Raygoza

Measure W

43. Diana Bohn

Street Patching

44. Rischa S. Cole

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Tuesday, February 10, 2026 AGENDA Page 12
Tiny Homes

45. Madeleine Roberts Rich (2)

Instant Runoff Algorithm

46. Ghawar Camij Toschian

Tear Gas Concerns

47. Maria Yates (2)

48. Nicole Powell

49. Nora Shourd

50. Bobby Jean

26th Annual Celebrity Flag Football

51. Jeffrey Church

Persian New Year

52. Shallon L. Allen

53. Jacob Cohen

BAUASI

54. Blair Beekman

Response Follow-Up

55. Stephen Alpert (2)

Rental Concerns

56. Hector91 Phuentes (4)

57. John Dunlap

Newsletters

58. Downtown Berkeley Association

URLs

59. Russbumper (2)

60. Jane White (2)

Forwards

61. Russbumper (3)

Pledge Inquiry

62. Diana Bohn

E-Scooters and Bikes

63. Robert Borghese (3)

64. Carson Lepre (2)

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Tuesday, February 10, 2026 AGENDA Page 13
Notice of Intent

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

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

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

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Ordinance No. 7,997-N.S. Page 1 of 4
ORDINANCE NO. 7,997-N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 14.68 – BICYCLE

REGISTRATION AND LICENSING
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 14.68 is amended as follows:

Chapter 14.68

BICYCLES AND BICYCLE ESTABLISHMENTS
Sections:

14.68.010 Definitions.

Article I.

Bicycles and Motorized Bicycles

14.68.110 Operation--Conformity with chapter provisions required.

14.68.120 Riding motorized bicycles and motorized scooters on sidewalk prohibited.

14.68.130 Riding bicycles on sidewalk permitted when.

14.68.140 Operation restrictions--Playgrounds, parks, school grounds.

14.68.150 Operation restrictions--Public places.

14.68.160 Stunt riding.

14.68.170 Procedures on emerging from driveway or alley.

14.68.180 Parking Restrictions.

14.68.190 Accidents--Procedures required.

14.68.200 Accidents--Report required when.

14.68.010 Definitions.

A. "Bicycle" means a device upon which any person may ride, propelled exclusively by human power through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle arrangement.

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Ordinance No. 7,997-N.S. Page 2 of 4
B. "Bicycle establishment" means and includes a business operated by any person, partnership, association or corporation, wherein new or used bicycles or bicycle parts are purchased, sold, dismantled or junked.

C. "Motorized bicycle" means any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than two gross brake horsepower and is capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground.

D. "Motorized scooter" means any two-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding and is powered by a motor. (Ord. 7786-NS § 3, 2021; Ord. 4957-NS §§ 1-3, 1976)
Article I. Bicycles and Motorized Bicycles

14.68.110 Operation--Conformity with chapter provisions required.

It is unlawful for any person to operate a bicycle or motorized bicycle in the City in violation of any of the provisions of this chapter. (Ord. 4957-NS § 13, 1976)

14.68.120 Riding motorized bicycles and motorized scooters on sidewalk prohibited.

No person shall ride or operate a motorized bicycle or motorized scooter on any sidewalk in the City. (Ord. 7786-NS § 4, 2021; Ord. 4957-NS § 14, 1976)

14.68.130 Riding bicycles on sidewalk permitted when.

No person shall ride or operate a bicycle on any sidewalk in the city except:

A. Juveniles, exercising the due care and giving the pedestrian the right-of-way, may ride and operate their bicycles upon the sidewalk, except such sidewalks as are in front of schools, stores or buildings used for business purposes; B. Juveniles riding or operating a bicycle on the sidewalk shall do so in single file;

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Ordinance No. 7,997-N.S. Page 3 of 4
C. Peace officers who determine in good faith that riding or operating a bicycle on the sidewalk is necessary to perform official duties. (Ord. 6113-NS § 1, 1992: Ord. 4957-NS § 15, 1976)

14.68.140 Operation restrictions--Playgrounds, parks, school grounds.

No person shall ride or operate a bicycle or motorized bicycle upon any playground, park, or school ground where children are playing, without the permission of the person having supervision of said playground, park or school ground. (Ord. 4957-NS § 16, 1976)

14.68.150 Operation restrictions--Public places.

No person shall ride or operate a bicycle or motorized bicycle upon any public place in the City other than a public street or highway, without due regard for the safety of the operator and other persons upon such public place. (Ord. 4957-NS § 17, 1976)

14.68.160 Stunt riding.

No person riding or operating a bicycle or motorized bicycle shall perform or attempt to perform any acrobatic, fancy or stunt riding upon any public place, other than a street or highway, in the City. (Ord. 4957-NS § 18, 1976)

14.68.170 Procedures on emerging from driveway or alley.

The operator of a bicycle or motorized bicycle, on leaving a driveway or alley when the operator’s view of either the sidewalk or street area is obstructed, shall stop such bicycle or motorized bicycle immediately prior to riding upon or across such sidewalk or street area. (Ord. 4957-NS § 19, 1976)

14.68.180 Parking Restrictions.

No person shall park any bicycle, motorized bicycle, or motorized scooter against windows or parking meters or on the main-traveled portion of the sidewalk, nor in such

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Ordinance No. 7,997-N.S. Page 4 of 4
manner as to constitute a hazard to pedestrians, traffic or property. (Ord. 7786-NS § 5, 2021; Ord. 4957-NS § 20, 1976)

14.68.190 Accidents--Procedures required.

The operator of any bicycle or motorized bicycle involved in an accident shall take reasonable steps to ascertain whether or not anyone was injured, and shall give their name, and address to the person with whom they had the accident, and shall obtain the same information from the other person. (Ord. 4957-NS § 21, 1976)

14.68.200 Accidents--Report required when.

It shall be the duty of the operator of any bicycle or motorized bicycle to make a written report of any accident resulting in death or injury to the Police Department immediately after such accident. (Ord. 4957-NS § 22, 1976)
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on January 20, 2026, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 7,998-N.S. Page 1 of 2
ORDINANCE NO. 7,998-N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 14.40.100 TO UPDATE THE DEFINITION OF “DISABLED PERSON” AND EXTEND PARKING PRIVILEGES TO

INCLUDE VEHICLES OPERATED BY A CAREGIVER OR SUPPORT PERSON, AND

DEFER TO DMV-ISSUED IDENTIFIERS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 14.40.100 is amended to read as follows:

14.40.100 Disabled persons--Exempt parking.

Disabled person, as used in this section, shall mean any person who meets the definition of disability under California Vehicle Code § 295.5.

The provisions of this section regulating overtime parking shall not apply to any vehicle in which a disabled person, as herein defined, is either the driver or a passenger, provided the vehicle is displaying a valid disabled person placard or license plate when parked by said persons in any area limiting parking, nor shall they be required to operate any parking meter, subject to the following requirements:

A. The disabled person shall possess a valid placard or license plate issued by the California Department of Motor Vehicles.

B. The disabled person, or their authorized caregiver or support person, shall have a valid driver’s license and the placard identification card in their immediate possession at all times when driving or parking a motor vehicle and shall display said driver’s license and identification card to any police officer upon request.

C. The disabled person, or their authorized caregiver or support person, shall display the DMV-issued placard or license plate in compliance with applicable provisions of the California Vehicle Code.

D. The disabled person, or their authorized caregiver or support person, shall only claim the privileges herein when the disabled person is either operating or being transported in the vehicle.

E. The disabled person, or their authorized caregiver or support person, will not be permitted to park a motor vehicle in any zone where it is otherwise unlawful to park, nor to claim the benefits of this section while parked in a 24-minute parking zone.

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Ordinance No. 7,998-N.S. Page 2 of 2
Abuse of privileges, or noncompliance with any of the above mentioned requirements by disabled persons, or their authorized caregiver or support person, will constitute sufficient grounds for enforcement and penalties as provided in Chapter 1.20 of the BMC.

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

At a regular meeting of the Council of the City of Berkeley held on January 20, 2026, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 7,999-N.S. Page 1 of 6
ORDINANCE NO. 7,999-N.S.

AMENDMENTS TO BERKELEY MUNICIPAL CODE TITLE 21 (SUBDIVISIONS) TO

ALLOW SEPARATE SALE OF ACCESSORY DWELLING UNITS (ADU), AND A CONFORMING AMENDMENT TO TITLE 23 (ZONING) RELATED TO ADUS BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 21.29 is added to Title 21 (Subdivisions) to read as follows:

21.29. Accessory Dwelling Unit Condominium Subdivision

21.29.010. -- Purpose and Applicability.
1) This Chapter establishes regulations and procedures for the subdivision of property to allow separate ownership of Accessory Dwelling Units (ADUs) from other buildings on the same lot in the City of Berkeley. It implements California Government Code Section 66342, which authorizes local ordinances permitting ADUs to be conveyed as condominiums. Covered Rental ADU means any rented ADU that is not a Fully exempt unit under BMC 13.76.050(C). Tenant protections of Chapter 21.28 shall apply in full, including:
a. A tenant in an ADU shall have a continued right to occupy the ADU after a conversion, pursuant to Section 21.28.090(C)(4). b. A tenant in an ADU shall have an exclusive right to purchase the unit, pursuant to Section 21.28.030(C) and

21.28.090(C)(2), except that the exclusive right to purchase period shall not exceed 90 days from the date of the notice. 2) All other requirements of Chapter 21.28, including application procedures and rent-ceiling limitations, shall not apply to an ADU condominium subdivision processed under this Chapter unless expressly referenced above.
3) This Chapter is intended to provide a streamlined, ministerial process for qualifying ADU condominium subdivisions and shall remain operative only so long as state law authorizes such subdivisions (Government Code 66342).

21.29.020. -- Permit required.

The Planning Director shall review, on a ministerial basis and without a hearing, an application for a parcel map or a tentative and final map for an ADU condominium

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Ordinance No. 7,999-N.S. Page 2 of 6
subdivision, and shall approve the application if the criteria in Government Code Section 66342 and this section are satisfied.

Units other than ADUs that are part of an ADU Condominium Subdivision may be subject to the provisions of Chapter 21.28, or any other applicable regulations.

21.29.030 -- Eligibility.

A. A property is eligible for an ADU Condominium subdivision under this Chapter only if all the following criteria are met:
1) Existing Units. The lot contains at least one legally established primary dwelling unit and at least one legally established ADU, or there is a valid building permit for construction of a new ADU on the lot. The ADU must be in compliance with BMC Chapter 23.306.
2) Number of Condominium Units. In no event shall an ADU condominium subdivision result in more than ten (10) total condominium units on the lot inclusive of all residential, commercial, and accessory dwelling units.

B. Junior ADUs. Junior ADUs shall not be eligible for conversion to condominiums.

21.29.040 -- Application Requirements.

In addition to the information required by Section 21.24.020 (Parcel Maps, Form and Content) and Section 21.16.020 (Tentative Maps, Form and Content), an application for an ADU condominium subdivision shall include all of the following information:

A. The condominium shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).

B. Subdivision Map Act Compliance. The condominium shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2, commencing with Section 66410) and all other objective requirements of this Part.

C. Safety Inspection. Prior to the recordation of the condominium plan, a safety inspection of the ADU shall be conducted as evidenced either through a certificate of occupancy or housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.

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Ordinance No. 7,999-N.S. Page 3 of 6
D. Lienholder Consent.
1) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder without obtaining the written consent of each lienholder.

A lienholder may refuse to give consent. A lienholder may also consent provided that any terms and conditions required by the lienholder are satisfied. Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the Assessor-Recorder along with a signed statement from each lienholder that states as follows:
"(Name of lienholder) hereby consents to the recording of this condominium plan in its sole and absolute discretion, and the borrower has or will satisfy any additional terms and conditions the lienholder may have." 2) Required Information. The lienholder’s consent, whether included directly on the condominium plan or attached thereto, must include the following information:
a. The lienholder’s signature.
b. The name of the record owner or ground lessee.
c. The legal description of the real property.
d. The identities of all parties with an interest in the real property as reflected in the public records.
e. A statement that the lienholder’s consent shall be recorded in the Office of the County Recorder.

E. Tenant Protections Notice for Covered Rental ADUs. Proof of service of a Notice of Tenants’ Rights Regarding ADU Condominium Conversion, on a form required by the City, shall be submitted for each tenant household occupying the subject Covered Rental ADU, no earlier than 60 days prior to the date of the application.

The Notice shall include, but not be limited to:
1) The tenant’s continued right to occupy the unit pursuant to Section

21.28.090(C)(4), which prohibits eviction for the purpose of occupancy by the owner or the owner's relatives so long as the unit remains the tenant’s principal place of residence.

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Ordinance No. 7,999-N.S. Page 4 of 6
2) Information concerning any agreement by the owner to limit rents under Section 21.28.080(B).
3) The tenant’s exclusive right to purchase the unit under 21.28.090(C)(2).

F. Notice to providers of utilities. If an ADU is established as a condominium, the owner shall notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.

G. The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association.

For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association.

21.29.050 -- Required Notice to Consumers.

The City shall include the following notice to consumers on any Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) submittal checklist or public information describing requirements and permitting for ADUs, and as a standard condition of any building permit or condominium plan approval:
“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
(a) Paying off your current lender.

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Ordinance No. 7,999-N.S. Page 5 of 6
You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied.
(b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels.
(c) Securing your lender’s consent to the details of any construction loan or ground lease.

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.” Section 2. That Municipal Code Section 23.306.040(C)(2) is amended to read as follows:

2. The ADU shall not be sold separately from the main building, unless authorized under BMC 21.29 (ADU Condominium Ordinance) or under BMC 23.306.040(D) -- ADUs Developed by a Qualified Nonprofit Developer, or as otherwise permitted by state law.

Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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Ordinance No. 7,999-N.S. Page 6 of 6
At a regular meeting of the Council of the City of Berkeley held on January 20, 2026, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Recuse: Kesarwani, Tregub.

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Ordinance No. 8,000-N.S. Page 1 of 3
ORDINANCE NO. 8,000-N.S.

AMENDMENTS TO TITLE 23 (ZONING) TO PERMIT BY-RIGHT APPROVAL OF

QUALIFYING HOUSING PROJECTS ON SITES IDENTIFIED IN PREVIOUS HOUSING

ELEMENTS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the lines “Multi-Unit Residential” and “Mixed-Use Residential” in Table 23.204-1 in BMC Section 23.204.020 be amended to read as follows:

COMMERCIAL DISTRICTSZC = Zoning
Certificate
AUP =
Administrative
Use Permit
UP(PH) = Use
Permit
NP = Not
Permitted
-- = Permitted
with AUP, see

23.204.020(B)
[#] = Table
Note Permit
Requirement
* Use-Specific
Regulations
Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Residential Uses
Multi- Unit
Residential
UP(H)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* 23.204.060.B.3;

23.302.070.H

23.302.070(M)
Mixed-Use
Residential
UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* 23.204.060.B.3;

23.302.070.H

23.302.070(M)
Section 2. That BMC Section 23.302.070(M) be added to read as follows:

M. Housing Element Opportunity Sites. Pursuant to Government Code Section 65583.2(c), a non-vacant site that has been identified as a housing opportunity site in a prior housing element and a vacant site that has been included in two (2) or more consecutive housing element planning periods shall be allowed residential use by right (with approval of a building permit) for housing developments in which at least twenty percent (20%) of the units are affordable to lower income households. Pursuant to Government Code Section 65583.2(i), the development shall comply with all objective development standards and a proposed subdivision of the property shall be subject to all laws, including, but not limited to, city ordinances implementing the Subdivision Map Act.

If applicable, such projects shall be subject to staff-level design review pursuant to BMC Section 23.406.070(C)(2)(D).

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Ordinance No. 8,000-N.S. Page 2 of 3
Section 3: That BMC Section 23.406.070(B)(1)(a) be amended to read as follows:
(a) Projects in all Non-Residential Districts, except for Residential Uses in the MU-R zoning district.

Section 4: That BMC Section 23.406.070(C)(2) be amended to read as follows:

2. Projects Not Requiring a Use Permit.
(a) For a project that does not require a Use Permit, Department staff conducts Design Review before the Zoning Officer takes action on the required permit or approval. (b) The Zoning Officer will consider the Design Review recommendations when acting on the required permit or approval. The Zoning Officer may require modifications to the project design as a condition of approval.
(c) The Department will verify conformance with Design Review recommendations and design-related conditions of approval when issuing a building permit, sign permit, or Zoning Certificate for the project. Final Design Review is not required. (d) Housing Element Opportunity Site Projects (BMC Section 23.302.070(M)):

1. Staff shall schedule a single consultation meeting of the Design Review Committee for non-binding input on design-related issues; and

2. Staff-level design review conducted under this section shall not be subject to the Appeal provisions of 23.406.070(O).

Section 5: Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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Ordinance No. 8,000-N.S. Page 3 of 3
At a regular meeting of the Council of the City of Berkeley held on January 20, 2026, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 8,001-N.S. Page 1 of 8
ORDINANCE NO. 8,001-N.S.

RESCINDING AND REPLACING ORDINANCE 7760-N.S. POLICE EQUIPMENT AND COMMUNITY SAFETY ORDINANCE WITH THE POLICE EQUIPMENT ORDINANCE; BERKELEY MUNICIPAL CODE CHAPTER 2.100
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. Findings
A. On May 11, 2021, the City Council adopted Ordinance No. 7760-NS, the Police Equipment and Community Safety Ordinance, to enhance local oversight, transparency, and accountability in the management of police equipment.

B. On October 1, 2021, the State of California enacted Assembly Bill 481, establishing a comprehensive statewide framework for police equipment reporting and oversight, codified in Chapter 12.8 (Sections 7070 to 7075) of Division 7 of Title 1 of the California Government Code (hereafter referred to as Chapter 12.8).

C. The City adopts all of the State’s findings articulated in Assembly Bill 481, Section 1:
• The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
• The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. • Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. • Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
• The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be

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Ordinance No. 8,001-N.S. Page 2 of 8
undermined when law enforcement is seen as an occupying force rather than a public safety service.

D. Chapter 12.8’s framework explicitly encourages local governments to implement additional requirements and standards related to the purpose, use, and reporting of military equipment by local law enforcement agencies.

E. The City’s local Ordinance No. 7760-NS extends oversight to additional categories of police equipment and identifies the mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, consistent with Chapter 12.8.

F. Specifically, Ordinance No. 7760-NS requires the reporting of additional categories of police equipment, the reporting of deployments of police equipment, the submission of an impact statement, and the delegated review of use policies and the annual report to the Police Accountability Board, all of which further the purposes of Chapter 12.8, but are not required by state law.

G. Ordinance No. 7760-NS has resulted in duplicative administrative burdens and inefficiencies for City staff, in part due to definitional ambiguity and operational misalignment.

H. Rescinding and replacing Ordinance No. 7760-NS will streamline the City’s reporting processes, eliminate redundant tasks, and enable staff to focus on higher- priority operational responsibilities, while maintaining robust public transparency and accountability under State and local law.

I. The City Council finds that rescission and replacement of Ordinance No. 7760- NS is consistent with the City’s goals of effective governance, operational efficiency, and fiscally responsible policymaking.

Section 2. Rescission
Ordinance No. 7760-NS, known as the Police Equipment and Community Safety Ordinance, is hereby rescinded.

Section 3. Compliance with State Law
The City of Berkeley shall comply with all applicable provisions of Chapter 12.8 (Sections 7070 to 7075) of Division 7 of Title 1 of the California Government Code and any subsequent amendments thereto governing the acquisition, funding, use, and reporting of police equipment.

Section 4. Chapter 2.100 of the Berkeley Municipal Code is hereby rescinded and readopted to read as follows:

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Ordinance No. 8,001-N.S. Page 3 of 8
Chapter 2.100 POLICE EQUIPMENT ORDINANCE

2.100.010 Name of Ordinance
(A) This Ordinance shall be known as the Police Equipment Ordinance.

2.100.020 Purposes of Ordinance
(A) The purposes of this ordinance are to:
(1) Restate requirements for the Berkeley Police Department (BPD) to produce policies and reports regarding the acquisition, funding, deployment, and use of covered Military Equipment.
(2) Ensure ongoing consistency between local and State requirements with respect to Military Equipment policies, acquisition, funding, and reporting. (3) Avoid duplication of reporting and other effort by the Berkeley Police Department and the Police Accountability Board (PAB).
(4) Strengthen existing state law requirements governing the acquisition, funding, use, and reporting of police equipment
(5) Ensure that local requirements remain in place in the event State-level requirements established by Chapter 12.8 (Sections 7070 to 7075) of Division 7 of Title 1 of the California Government Code are rescinded or struck down. (6) Specify how local requirements differ from State-level requirements. (7) Clarify roles and timelines with respect to BPD provision of Chapter 12.8 documents, the Police Accountability Board, and the PAB’s involvement in effectuating Chapter 12.8.

2.100.030 Local consistency with California State standards (A) All provisions of Chapter 12.8 (Sections 7070 to 7075) of Division 7 of Title 1 of the California Government Code, including definitions, reporting requirements, policy requirements, review by elected officials, public meetings, and all other provisions, is hereby incorporated into the Berkeley Municipal Code by reference. (1) In the event that Chapter 12.8 and/or its requirements are amended/altered by the State Legislature or by a court whose jurisdiction covers Berkeley, those revisions shall also be incorporated by reference; this includes amendments made to the original statute or new statutes that may add to the requirements of Chapter 12.8.
(B) The Berkeley Police Department shall be responsible for fulfilling the requirements and provisions of Chapter 12.8.
(C) The use policies and reports produced in compliance with Chapter 12.8 (or requirements amended/established by successor legislation) by the Berkeley Police Department shall serve to meet these local reporting requirements. (1) In no event shall this ordinance be interpreted to require BPD to produce multiple versions of the policies/reports required by Chapter 12.8.

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Ordinance No. 8,001-N.S. Page 4 of 8

2.100.040 Additional City of Berkeley Standards
(A) The following police equipment shall also be subject to the same approval processes and reporting requirements defined in Chapter 12.8 and herein:
(1) All specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code. (2) Batons 30 inches or longer in length.
(B) In addition to reporting requirements of Government Code Section 7072, the annual report shall include:
(1) A summary of how the Police Equipment was used or deployed. "Deployment" shall mean any instance in which military equipment was pointed or aimed at an individual, or otherwise deployed, during an interaction. "Interaction" shall be defined as a situation in which an individual could reasonably believe the deployment could be an attempt to gain compliance." Deployment shall not include the transport or wearing of military equipment.
(a) Batons 30 inches or longer in length shall only be deemed "deployed" when used for management or control of crowds.
(2) If applicable, a breakdown of where Controlled Equipment was used geographically by individual police area. For each police area, the Police Department shall report the number of days or instances in which Controlled Equipment was used and what percentage of those daily reported uses were authorized by warrant and by non-warrant forms of court authorization. (C) For purposes of this Ordinance, “Impact Statement” means a publicly released, written document that includes, at a minimum, all of the following:
(1) Description: A description of each type of Controlled Equipment, the quantity sought, its capabilities, expected lifespan, intended uses and effects, and how it works, including product descriptions from the manufacturer of the Controlled Equipment.
(2) Purpose: The specific purpose or purposes that each type of Controlled Equipment is intended to achieve.
(3) Fiscal Cost: The fiscal cost of each type of Controlled Equipment, including the initial costs of obtaining the equipment, the costs of each proposed use, the costs of potential adverse impacts, and the annual, ongoing costs of the equipment, including operating, training, transportation, storage, maintenance, and upgrade costs.
(4) Impact: An assessment specifically identifying any potential impacts that the use of Controlled Equipment might have on the welfare, safety, civil rights, and civil liberties of the public.
(5) Mitigations: Specific, affirmative technical and procedural measures that will be implemented to safeguard the public from such impacts. (6) Alternatives: Alternative method or methods by which the Police Department can accomplish the purposes for which the Controlled Equipment is proposed to be used, and rationale for selection over alternative methods.

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Ordinance No. 8,001-N.S. Page 5 of 8
(7) Third Party Dependence: Whether use or maintenance of the Controlled Equipment will require the engagement of third party service providers.

2.100.050 Acquisition and Use of Police Equipment.
(A) Restrictions Prior to Submission and Approval
(1) The Police Department shall not engage in any of the following activities enumerated in Government Code Section 7071(a)(1)(A)-(G) and Government Code 7073(a) regarding a piece of Police Equipment before the Berkeley Police Accountability Board ("Police Accountability Board"), or any successive agency, reviews and recommends, and the City Council approves, a Police Equipment Impact Statement and a Police Equipment Use Policy for that equipment. (B) Submission to Police Accountability Board
(1) At least 12 days prior to any public meeting to consider the adoption of any Police Equipment Use Policy or Police Equipment Impact Statement, the Use Policy and Impact Statement shall be published for public review. (2) The final Police Equipment Impact Statement and Police Equipment Use Policy shall be made publicly available on the Department’s website for as long as the Police Equipment is available for use.
(3) The Police Accountability Board shall consider Police Equipment Impact Statements and Police Equipment Use Policies as an agenda item for review at an open session of a meeting.
(C) Criteria for Police Accountability Board Recommendations (1) The Police Accountability Board shall recommend denial of a request to fund, acquire, or use Police Equipment pursuant to this chapter if it determines non-compliance with the standards articulated in Government Code Section 7071(d)(1).
(2) If the submitted Impact Statement identifies a risk of potential adverse effects on the public’s welfare, safety, civil rights, or civil liberties, the Police Accountability Board’s recommendation for approval for the funding, acquisition, or use of the Police Equipment shall not be deemed an acquiescence to those effects, but instead an acknowledgment of the risk of those effects and the need for the Police Department to take proactive steps to minimize those effects. (D) Police Accountability Board Review
(1) The Police Accountability Board shall recommend that the City Council adopt, modify, or reject the proposed Police Equipment Use Policy, and notify the Police Department of its recommendations.
(2) The Police Accountability Board shall present its recommendations to City Council.
(3) Failure by the Police Accountability Board to make its recommendation on a proposal within forty-five (45) days, or thirty (30) days in instances where the proposal is subject to a time-sensitive grant application, of submission shall enable City Staff to proceed to the City Council for approval of the proposal.

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Ordinance No. 8,001-N.S. Page 6 of 8
(E) Police Accountability Board Review of Prior Recommendations (1) The Police Accountability Board shall determine, as part of its annual Work Plan, whether to include the review of any Police Equipment use policy in the coming year.
(2) A Police Accountability Board recommendation to City Council that a prior approval be revoked shall be presented to Council. If City Council does not act on such a recommendation within four (4) City Council meetings from when the item is first scheduled, the Police Department shall cease its use of the Police Equipment.
(F) City Council Approval Process
(1) After the Police Accountability Board review requirements have been met, the Police Department shall schedule for City Council consideration the proposed Police Equipment Impact Statement and proposed Police Equipment Use Policy, and include Police Accountability Board recommendations, at least twelve (12) days prior to a public meeting.
(2) If the City Council does not approve such item within four (4) regular City Council meetings from when the item is first scheduled, the Police Department shall cease its use of the Police Equipment until such review and approval occurs.

2.100.060 Reports on the Use of Police Equipment.
(A) The Police Department shall annually submit a report on Police Equipment that incorporates the reporting requirements of both Government Code Section 7072 and local law, as described herein.
(B) Compliance or Revocation of Approval
(1) Within 60 days of the Police Department submitting an annual report, the Police Accountability Board shall place the report as an agenda item for an open session of a regular meeting.
(2) The Police Accountability Board shall have the authority to review the annual report and issue recommendations to the City Council. Specifically, in accordance with Government Code 7071(e)(2), the Police Accountability Board may determine, based on the annual report submitted pursuant to Government Code Section 7072 and Berkeley Municipal Code 2.100.060, whether each type of military equipment identified in that report has complied with the standards for approval set forth in Government Code Section 7071(d).
(3) If the Police Accountability Board determines that any Police Equipment has not complied with the standards for approval set forth in Government Code Section 7071(d), it shall either recommend revocation of the authorization for that piece of Police Equipment or modify the Police Equipment Use Policy in a manner that will resolve the lack of compliance. Recommendations for revocations shall be forwarded to City Council in accordance with the approval process in Section 2.100.050.

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Ordinance No. 8,001-N.S. Page 7 of 8
(4) After review by the Police Accountability Board or forty-five (45) days, whichever comes first, the Police Department shall submit the annual report to City Council, indicating its approval or lack of compliance for each piece of Police Equipment.

2.100.070 Transparency
(A) It shall be unlawful for the City to enter into any Controlled Equipment-related contract or other agreement that conflicts with the provisions of this Ordinance, and any conflicting provisions in such future contracts or agreements, including but not limited to non-disclosure agreements, shall be deemed void and legally unenforceable. (B) To the extent permitted by law, the City shall publicly disclose all of its Controlled Equipment-related contracts, including any and all related non-disclosure agreements, if any, regardless of any contract terms to the contrary.

2.100.080 Whistleblower Protections.

All provisions of Berkeley’s Protection of Whistleblowers Workplace Policy, as promulgated by the City Manager on November 2, 2016, and including any updates or replacements thereto, shall apply.

2.100.090 Severability.

If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter. The Council of the City of Berkeley hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

Section 5. Effective Date
This ordinance shall be effective thirty days after the second reading and shall apply to the 2025 report and to all subsequent reports.

Section 6. Posting, Filing, and Publication Requirements Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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Ordinance No. 8,001-N.S. Page 8 of 8
At a regular meeting of the Council of the City of Berkeley held on January 27, 2026, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: Kesarwani, Taplin.

Absent: None.

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City Attorney’s Office
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/

CONSENT CALENDAR
February 10, 2026
To: Honorable Mayor and Members of the City Council
From: Farimah Brown, City Attorney
Submitted by: Nathan Dahl, Assistant to the City Attorney Subject: Establish Job Class Specification and Salary Range – Risk Manager

RECOMMENDATION
Adopt a resolution to establish the job class specification and pay scale of Risk Manager with an hourly pay scale of $69.93 to $85.00 distributed across five steps.

FISCAL IMPACTS OF RECOMMENDATION
The recommended pay scale for the proposed classification represents an annual fiscal impact of $145,453.80 - $176,800.00 ($255,489.60 - $310,549.20 including full benefits) for one position.

CURRENT SITUATION AND ITS EFFECTS
Establishing a Risk Manager classification within the City Attorney’s Office (CAO) presents a cost-effective way for the City to manage its public liability risk portfolio and will open capacity for the two Deputy City Attorneys and the Assistant City Attorney currently administering tasks associated with the general liability claims program as well as providing advice and education to City officials and employees concerning risk avoidance, retention, and transfer. The current breakdown of time and cost associated with these risk management programs duties is roughly .7 FTE Deputy City Attorney and .3 FTE of Assistant City Attorney.

Creation of a Risk Manager classification will align Berkeley with the City’s Strategic Plan in advancing our goal to “create a resilient, safe, connected, and prepared city” by allowing the City Attorney’s Office to recruit and hire a candidate with the skills and expertise needed to manage the City’s demanding activities related to the City’s Public Liability Fund and serve as the City's liaison between the City of Berkeley and the Bay Cities Joint Powers Insurance Authority, as well as develop policy and strategy to mitigate risk across the City.

BACKGROUND
The proposal for creating a Risk Manager position within the City Attorney’s Office was introduced in the FY25/26 Biannual budget. Funding was allocated to the CAO personnel budget to create the classification. The CAO began developing the duties and

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Recommendation to Establish Job Class Specification and Salary Range - Risk Manager

CONSENT CALENDAR
February 10, 2026

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assignments for the position in FY25 but then paused its development and recruitment for the position for the first half of FY26 in a cost savings effort during the City’s hiring freeze.

The Personnel Board considered the proposed classification at its January 12, 2026 meeting and voted unanimously to send the classification and pay scale to the City Council for approval.

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

RATIONALE FOR RECOMMENDATION
Creating a Risk Manager classification aligns with the City Council’s personnel funding allocation to create a position that focuses on managing the city’s risk portfolio and claims through the Bay Cities Joint Powers Insurance Authority. Because the Risk Manager classification as proposed does not require candidates to be licensed attorneys, creating and hiring a Risk Manager will open operational capacity for attorneys in the CAO that are currently performing risk management functions.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Nathan Dahl, Assistant to the City Attorney (510) 847-6612.

Attachments:
1: Resolution
Exhibit A to Resolution: Proposed Job Class Specification and Pay Scale – Risk Manager

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

APPROVING ESTABLISHMENT OF JOB CLASS SPECIFICATION AND PAY SCALE

OF RISK MANAGER
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, job specifications are foundational components of the City’s Classification and Compensation plan; and
WHEREAS, the Human Resources Department revised the job class specification of Animal Services Supervisor with an hourly pay range of $69.93 - $85.00; and WHEREAS, the Personnel Board recommended adopting the job class specification and pay range for Risk Manager at its January 12, 2026, meeting; and WHEREAS, employees who work in the classification of Risk Manager will be considered exempt under the Fair Labor Standards Act (FLSA); and
WHEREAS, the job classification of Risk Manager is unrepresented; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the classification for Risk Manager is established with a job specification and pay range as shown in Exhibit A, effective February 10, 2026.

BE IT FURTHER RESOLVED that the Risk Manager classification has an hourly pay scale of $69.93 - $85.00 distributed across five steps:

Step 1 Step 2 Step 3 Step 4 Step 5
$69.93 $73.43 $77.10 $80.95 $85.00
Exhibits
A: Risk Manager – Job Class Specification and Pay Scale

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CITY OF BERKELEY

RISK MANAGER
Class Code XXXX
Pay Scale: $69.93-$85.00 Hourly
Established Date: February 10, 2026

DEFINITION
Under general direction of the City Attorney, plans, organizes, conducts various liability activities such as the general liability claims program as well as providing advice and education to City officials and employees concerning risk avoidance, retention, and transfer; serves as the City's liaison between the City of Berkeley and the Bay Cities Joint Powers Insurance Authority.

CLASS CHARACTERISTICS
This is a supervisory position in which incumbents direct, coordinate and perform the work related to managing the City’s claims through the Bay Cities Joint Powers Insurance Authority and outside counsel conducting legal work on behalf of the city.

Incumbents work collaboratively with attorneys within the City Attorney’s Office and with staff from City Departments related to liability claims made against the City. This classification is distinguished from other classifications responsible for occupational health and safety and workers’ compensation by the absence of those program elements.

SUPERVISION EXERCISED AND RECEIVED
Receives general supervision from City Attorney or designee. Exercises supervision over non-attorney administrative staff.

EXAMPLES OF ESSENTIAL FUNCTIONS
The essential functions outlined in the classification represent the fundamental requirements and primary purpose of the classification. Duties are illustrative of the essential functions of the classification intended to describe the general nature and level of work performed and are not intended to be an exhaustive list of duties that may be assigned. The omission of a specific duty statement does not exclude it from the position if the work is consistent with the concept of the classification or is similar or closely related to another duty statement. The City of Berkeley is committed to diversity, equity, inclusion, and providing reasonable accommodations to qualified individuals with disabilities in accordance with the Americans with Disabilities Act (ADA).

1. Plans, organizes, develops, supervises and coordinates the operations of the Risk Management Division within the City Attorney’s Office.

2. Receives claims, determines if claims meet statutory requirements, sets reserves, and determines who will adjust.

3. Performs or facilitates investigations; works with City staff, third-party claims

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adjusters, attorneys, and subject matter experts to evaluate investigation and determine whether a claim should be accepted or denied.

4. Ensures that all statutory time limits and documentation are complied with; represents the City in small claims matters involving tort claims; coordinates with City Attorney's Office staff with regards to claims evolving into litigation.

5. Develops and maintains a comprehensive claims management system for making determinations on processing of public liability claims and supervises the processing of City claims, individuals and other agencies.

6. Coordinates with attorneys to provide research and recommendations for legal issues concerned with safety and risk management.

7. Maintains a complete record system of all claims and related activities.

8. Coordinates, prepares and presents studies, reports and agenda items to the City Council and other City boards or teams.

9. Studies statutory and regulatory requirements and modifies program components to ensure they meet standards and legislative mandates established by federal and state regulations; analyze the impact of legislative changes.

10.Represents the City on the Bay Cities Joint Powers Insurance Authority for general liability.

11.Evaluates insurance risks; monitors the City's insurance program including reviewing and approving contracts to reduce risk exposure and to develop accident insurance and indemnification provisions and contacting vendors and consultants regarding insurance requirements; evaluates costs and benefits of alternative coverage; re-negotiates or makes arrangements for coverage; and develops insurance requirements, reviews bids, and recommends policy purchases.

12.Supervise, evaluate, and train staff.

13.Performs related duties as assigned.

KNOWLEDGE, SKILLS, AND ABILITIES:

Note: The level and scope of the knowledge and skills listed below are related to job duties as defined under Class Characteristics.

Knowledge of:

1. Knowledge of principles and practices of comprehensive risk management including loss prevention and control and the financing and insuring of risk.

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2. Legal and administrative requirements for implementation and administration of fully insured and self-insured programs.

3. Contract law, as it applies to general liability, bodily injury and claims adjustment.

4. Insurance company policies and procedures regarding claims and reserves. 5.

Claim analysis, adjustment techniques for municipalities, injury and damage claim investigation, principles and procedures of accident prevention.

Skill and Ability to:

1. Effectively plan, organize, conduct and coordinate a comprehensive risk management program.

2. Organize and supervise assigned departmental functions.

3. Interpret and analyze state, federal and local laws and regulations related to risk management.

4. Interpret and analyze information including insurance policies, legal documents and reports pertaining to insurances, claims, loss exposure, and coverage.

5. Draw valid conclusions and project consequences of decisions and recommendations.

6. Prepare studies and reports concerning complex matters.

7. Set priorities, meet deadlines and make sound decisions.

8. Establish and maintain accurate records.

9. Maintain level of knowledge required for satisfactory job performance.

10.Communicate effectively; establish and maintain effective working relationships with employees, other agencies, service providers, and the general public.

MINIMUM QUALIFICATIONS
A typical way of gaining the knowledge, skills, and abilities outlined above is:

Education
Equivalent to a bachelor’s degree from an accredited college or university with major coursework in public or business administration, human resources, industrial engineering, risk management, or a closely related field.

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Experience
Four (4) years of progressively responsible professional experience in risk management, loss prevention or municipal/corporate insurance administration, including supervisory experience.

Licenses, Certifications, and Other Requirements
Designation as Associate in Risk Management for Public Entities (ARM-P) is highly desirable. When driving on City business, must possess a valid California driver’s license.

PHYSICAL REQUIREMENTS
Frequent walking, standing, sitting, kneeling, squatting, twisting, and bending at the waist. Ability to hear meeting sounds, read fine print, and view a computer monitor.

Sufficient strength and stamina to occasionally lift up to 25 pounds. Manual dexterity for computer use.

WORKING CONDITIONS
Work is performed indoors in an office environment. Noise level ranges from low to moderate. May be required to attend evening meetings.

CLASSIFICATION HISTORY
FLSA Status: Exempt
Bargaining Unit: Unrepresented
Established: February 10, 2026
Revised: N/A

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

CONSENT CALENDAR
February 10, 2026
To: Honorable Mayor and Members of the City Council From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 10, 2026

RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $1,820,000 PROJECT Fund Source Amount
South Berkeley Senior Center Water
Heater Replacement
511 Measure T1 $320,000
Cedar Rose Playground (5-12)
Renovation and Site Improvements
138 Parks Tax $1,500,000
Total: $1,820,000

CURRENT SITUATION AND ITS EFFECTS
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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Formal Bid Solicitations and Request for Proposals
Scheduled for Possible Issuance After Council
Approval on February 10, 2026 CONSENT CALENDAR

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Roopreet Walia-Soorma, Senior Buyer, Finance, 510-981-7311 Attachments:

1. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 10, 2026
a. South Berkeley Senior Center Water Heater Replacement b. Cedar Rose Playground (5-12) Renovation and Site Improvements Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: FEBRUARY 10, 2026
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE INTENDED USE ESTIMATED COST BUDGET CODE TO BE CHARGED DEPT. / DIVISION CONTACT NAME &
PHONE
26-11781-C South Berkeley
Senior Center
Water Heater
Replacement
2/11/26 3/10/2026 Procuring and replacing the
broken water heater at South
Berkeley Senior Center and
ancillary work.
$ 320,000.00 511-54-623-677-0000-
000-444-662110-
PWT1CB2201
Construction
Public Works Facilities
Engineering
Priya Chopra     510-292-
0064
Dept Total $ 320,000.00
26-11782-C Cedar Rose
Playground (5-12)
Renovation and Site
Improvements
2/11/26 3/10/2026 Construction Services for Cedar
Rose Playground Renovation
$ 1,500,000.00 138-52-545-000-0000-
000-461-663110-
PRWPK22008
Parks, Recreation, & Waterfront
Department / Capital Projects
Evelyn Chan   510-981-6430
Csilla Kenny   510-981-6346
Dept Total $1,500,000
TOTAL $1,820,000
1 of  1

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

CONSENT CALENDAR
February 10, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: Scotts PPE Recon, Inc. for Firefighter Personal Protective Equipment and maintenance

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Scotts PPE Recon, Inc. (Contractor) to provide cleaning, maintenance and repair of Firefighter Personal Protective Equipment (PPE) and maintenance, repair and replacement of PPE extractors for the City for a base period from February 11, 2026 to February 10, 2028, in an amount not to exceed $150,000 with an option to extend for three additional years in one-year increments, for a total contract amount not to exceed $405,000.

FISCAL IMPACTS OF RECOMMENDATION
The total not-to-exceed cost for the contract term, including optional extensions is $405,000 with funds for the contract coming from the General Fund, Measure FF (Fire and Emergency Services), and UC Settlement funds.
 Base Period - February 11, 2026 to February 10, 2028: $150,000.  Extension No. 1 - February 11, 2028 to February 10, 2029: $80,000.  Extension No. 2 - February 11, 2029 to February 10, 2030: $85,000.  Extension No. 3 - February 11, 2030 to February 10, 2031: $90,000.

CURRENT SITUATION AND ITS EFFECTS
Firefighter Personal Protective Equipment (PPE) requires inspection, cleaning, and repairs on a regular basis to maintain the integrity and the life of the equipment, which is consistent with National Fire Protection Association (NFPA) 1851 standards and Occupational Safety and Health Administration (OSHA) requirements. As firefighters perform their daily duties, such as fire suppression and administering medical aid, their PPE is exposed to biological agents and hazardous materials which can be carcinogenic in nature, or which can physically compromise the equipment.

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Contract: Scotts PPE Recon, Inc. for Firefighter PPE CONSENT CALENDAR February 10, 2026

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The City’s Contractor must be a verified Independent Service Provider (ISP), per NFPA 1851 standards, other relevant NFPA standards, OSHA regulation, and the care and maintenance guidelines of the PPE manufacturer.

BACKGROUND
On August 11, 2025, a Request for Proposal (RFP) for Firefighter PPE Cleaning, Inspection, Maintenance, and Repair Services, Specification No. 26-11753-C, was issued. The RFP closed on September 16, 2025, three (3) bids were received and reviewed by staff. Scotts PPE Recon, Inc. was found to be the most responsive bidder and is proposed as the City’s new emergency services PPE vendor.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental or climate impacts related to this item.

RATIONALE FOR RECOMMENDATION
The city is required to provide cleaning, maintenance and repairs for emergency responder Personal Protective Equipment (PPE). The city does not have the facilities, equipment or personnel to perform this function in-house.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
David Sprague, Fire Chief (510) 981-3473
Attachments:
1: Resolution

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

CONTRACT: SCOTTS PPE RECON, INC. FOR FIREFIGHTER PERSONAL

PROTECTIVE EQUIPMENT (PPE)
WHEREAS, as firefighters perform their daily duties, such as fire suppression and administering medical aid, their PPE is exposed to biological agents and hazardous materials which can be carcinogenic in nature, or which can physically compromise the equipment, and
WHEREAS, Firefighter Personal Protective Equipment (PPE) requires inspection, cleaning, and repairs on a regular basis to maintain the integrity and the life of the equipment, which is consistent with National Fire Protection Association (NFPA) 1851 standards and Occupational Safety and Health Administration (OSHA) requirements, and
WHEREAS, the City is required to provide cleaning, maintenance and repairs for emergency responder Personal Protective Equipment (PPE), and WHEREAS, the City does not have the facilities, equipment or personnel to perform this function in-house, and
WHEREAS, the City’s Contractor must be a verified Independent Service Provider (ISP), per NFPA 1851 standards, other relevant NFPA standards, OSHA regulation, and the care and maintenance guidelines of the PPE manufacturer, and WHEREAS, on August 11, 2025, a Request for Proposal (RFP) for Firefighter PPE Cleaning, Inspection, Maintenance, and Repair Services, Specification No. 26-11753-C, was issued. The RFP closed on September 16, 2025, three (3) bids were received and reviewed by staff. Scotts PPE Recon, Inc. was found to be the most responsive bidder and is proposed as the City’s new emergency services PPE vendor.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with Scotts PPE Recon, Inc. (Contractor) to provide cleaning, maintenance and repair of Firefighter Personal Protective Equipment (PPE) and maintenance, repair and replacement of PPE extractors for the City for a base period from February 11, 2026 to February 10, 2028, in an amount not to exceed $150,000 with an option to extend for three additional years in one-year increments, for a total contract amount not to exceed $405,000.

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

CONSENT CALENDAR
February 10, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, HHCS
Subject: Application for Prohousing Incentive Program Funds

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to apply for and accept funds from the State of California's Prohousing Incentive Program, in an amount not to exceed $1,250,000.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley (City) is eligible to apply for up to $1,250,000 through the State of California Department of Housing and Community Development’s (HCD) Prohousing Incentive Program (PIP).

The final award amount will be decided as part of the competitive application. The funding would be used to support the Department of Health, Housing and Community Services’ (HHCS) programs in support of low income or unhoused residents, including the Housing Trust Fund program and/or eligible homeless services.

CURRENT SITUATION AND ITS EFFECTS
The City previously applied for Round 2 PIP funds and received an award of $1,250,000 on July 8, 2024. The total potential award amount is based on a base award plus a bonus award amount. The base award is determined using the population size of a jurisdiction and the bonus award is based on a jurisdiction’s Prohousing Designation score.

The City is now applying for Round 4 PIP funds. Applicants that have not received PIP funds in prior funding rounds will be given priority. Eligible applicants awarded in prior funding rounds, including the City, will only be eligible to receive an award once all previously unfunded eligible applicants receive an award. Jurisdictions must also receive Prohousing Designations from HCD by March 31, 2026, to be eligible for Round 4 PIP funds. The City received its Prohousing Designation on March 1, 2024.

PIP funds can be used to support a variety of planning or implementation activities related to housing and community development carried out by the Housing and Community Services division (HCS). HCS staff anticipate using the funds for one or both of the following eligible activities:

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Application for Prohousing Incentive Program Funds CONSENT CALENDAR February 10, 2026

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1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential livework, or rental housing that is affordable to extremely low-, very low-, low-, and moderate-income households, including necessary operating subsidies; and/or
2) Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing; and
3) Grant administration activities (within the established limit of funds).

BACKGROUND
On September 30, 2025, HCD released the Notice of Funding Availability (NOFA) Round 4 for approximately $8 million under the Prohousing Incentive Program. The PIP complements the Prohousing Designation Program. It is designed to encourage jurisdictions to obtain a Prohousing Designation and reward jurisdictions that pursue additional Prohousing Policies to earn a higher Prohousing Designation Score. The PIP is intended to increase participation in HCD’s Prohousing Designation Program by pairing the designation with an impactful award grant to create and conserve affordable housing. Applications are due to HCD on March 31, 2026. Applicants are required to use the resolution template provided by HCD for this Council item. HCD will award PIP funds to eligible jurisdictions with Prohousing Designation, with additional bonus dollars available based on a jurisdiction’s Prohousing Designation Program application score.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability and climate impacts directly associated with the recommendations in this report.

RATIONALE FOR RECOMMENDATION
A potential PIP award will make up to $1,250,000 available for the City to support City programs that serve low income and/or unhoused populations. There are no matching funds or other requirements for the City to meet other than maintaining its Prohousing Designation.

ALTERNATIVE ACTIONS CONSIDERED
The City could decline to apply for the Prohousing Incentive Program. Staff do not recommend this as it is consistent with the City’s Strategic Plan goal to increase affordable housing opportunities.

CONTACT PERSON
Snow Zhu, Community Development Project Coordinator, HHCS, 510-981-7774 Attachments:
1: Resolution

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BERKELEY

AUTHORIZING APPLICATION FOR, AND RECEIPT OF, PROHOUSING INCENTIVE

PROGRAM FUNDS
WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the California Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Program or “PIP”); and WHEREAS, the City Council of the City of Berkeley desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and; WHEREAS, the Department has issued Guidelines and Application on September 30, 2025, in the estimated amount of $8,000,000 for PIP.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley (“Applicant”) resolves as follows:

SECTION 1. The City Manager or designee is hereby authorized to and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $1,250,000; SECTION 2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager or designee of the City of Berkeley is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $1,250,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and
SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.

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

CONSENT 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, and Community Services Subject: Extending Reservations for Housing Trust Fund Projects

RECOMMENDATION
Adopt a resolution to:

1. Extend the duration of the previously approved funding reservations and reserve Housing Trust Fund funds and other currently available affordable housing funds, including local Measure O Bond funds, Measure U1 funds, Affordable Housing Mitigation Fees (AHMF), and State funds for the following projects:
 Ashby Lofts (2909-2919 Ninth Street) at $850,000
 Supportive Housing in People’s Park (2556 Haste) at $14,359,593  Ephesian Legacy Court (1708 Harmon) at $14,531,301; and  North Berkeley BART Project at $21,500,000.

2. Authorize the City Manager or designee to execute all original or amended documents or agreements to effectuate these actions.

SUMMARY
City Council previously approved funding reservations for the following four affordable housing projects:
 Ashby Lofts (2909-2919 Ninth)
 Supportive Housing in People’s Park (2556 Haste)
 Ephesian Legacy Court (1708 Harmon)
 North Berkeley BART Project
Pursuant to Housing Trust Fund (HTF) policy, funding reservations for each project was limited to 24 months. All have advanced since their last funding reservation approval but faced typical development delays. Health, Housing, and Community Services (HHCS) staff recommend extending each funding reservation for an additional 24 months to maintain momentum toward completion.

All four projects have demonstrated measurable progress but require additional time to complete financing and development steps. Extending the HTF funding reservations for

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another 24 months will ensure that they are able to remain on track toward development.

FISCAL IMPACTS OF RECOMMENDATION
The attached resolution would extend the duration of existing funding reservations, which established a 24- month deadline. Therefore, the recommendations in this report have no additional fiscal impact.

The funding reservations include Affordable Housing Mitigation Fee (Fund # 120), Measure O (Fund # 512), Measure U1 (Fund # 016) and Permanent Local Housing Allocation funds (Fund # 302).

CURRENT SITUATION AND ITS EFFECTS
The funding reservations for the projects described in this report have been previously approved. On December 12, 2023, City Council adopted Resolution No. 71,131-N.S., which extended reserved funding for the Ashby Lofts and SHiPP projects. On June 13, 2023, City Council adopted Resolution No. 70,889-N.S., which reserved funding for Ephesian Legacy Court, and on June 25, 2024, the Council adopted Resolution No. 71,428-N.S., which reserved funding for the NBB project.

Each of the resolutions reserved funds for a period of no more than 24 months from the resolution date, which is a standard HTF program practice to ensure that City funds are not indefinitely committed to projects that are not moving forward.

Since the resolutions were adopted, all four projects have made progress on development milestones. Due to delays in the project schedules that are not unusual in affordable housing development, staff recommend extending the duration of the HTF funding reservations for each project for an additional 24 months.

BACKGROUND
Ashby Lofts
Ashby Lofts is a 54-unit, affordable housing property at 2909-2919 Ninth Street occupied by low and very low-income households, including households with special needs. Renovation of the property was initially funded through the 2021 HTF Request for Proposals process, with Council approval on December 14, 2021 (Resolution 70,135-N.S.). In December 2023, City Council extended the funding of $850,000 awarded to Satellite Affordable Housing Associates (SAHA) for the renovation of Ashby Lofts (Resolution 71,131-N.S.). To address remaining repair needs, SAHA applied for funding through the City of Berkeley’s most recent Rehabilitation Request for Proposals in March 2025 and was awarded $2,868,571 by Council on June 24, 2025 (Resolution 71,846-N.S.).

SAHA is pursuing a tax credit resyndication in January 2026. The project is anticipated to be more competitive than in prior tax credit application rounds due to changing regulations on federal tax credits, and due to securing a renewal of the existing Housing

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Assistance Payment contract with the Berkeley Housing Authority. If tax credits are not awarded, the project will move forward with a reduced scope. Staff recommend extending the existing funding reservation to support its rehabilitation needs.

Supportive Housing in People’s Park
Supportive Housing in People’s Park (SHiPP) is a new construction project with 119 affordable apartments serving previously unhoused individuals earning between 10% and 50% of the area median income. City Council extended funding reservations of $10,909,593 in development funds and $3,450,000 in operating subsidies ($14,359,593 total) for the project. Of the development funds, up to $3,000,000 may be made available to the project for predevelopment uses.

This project was entitled by the University of California, Berkeley (UCB) in September 2021; however, the project encountered legal challenges related to the Environmental Impact Report which disrupted the project schedule. As a result of the increased risks and uncertainties associated with the delays, the original developer, Resources for Community Development, decided to reallocate its limited nonprofit resources to other developments and exit the project. The legal challenges and need to identify a new nonprofit developer caused a significant delay in the project’s timeline.

Since this transition of the original developer out of the project, UCB was granted legal approval to proceed with the project in 2024. The City and UCB have worked with the State to extend the reservation of the funding commitment from the State of California Department of Housing and Community Development (HCD) No Place Like Home program until June 2026.

UCB signed an exclusive negotiating agreement with Satellite Affordable Housing Associates (SAHA) in December 2025 and anticipates signing an acquisition agreement by February 2026. Because of the key advancements made in moving this project forward, staff recommend extending the funding reservation of the project, which will allow additional time for UCB and SAHA to complete negotiations and to apply for additional funding sources for the project, including tax credits and Project Based Vouchers (PBVs) in 2026.

The Housing Advisory Commission recommended extension and contended that having a developer in place is critical. The Housing Advisory Commission recommended that the selected developer (anticipated as SAHA) provide a presentation to the Commission, and that the Commission and City Council be provided updates on the project on a regular basis.

Ephesian Legacy Court
Ephesian Legacy Court is a new construction project that will provide 79 affordable housing units for low-income and very-low-income seniors, including those experiencing homelessness. The project is located at 1708 Harmon Street and is proposed by

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Community Housing Development Corporation of North Richmond (CHDC) in partnership with Ephesian Church of God in Christ.

In 2023, CHDC received planning entitlements and secured $14.5 million in City’s HTF funding for the project. CHDC also secured State funds under the Multifamily Housing Program, and 40 PBVs. The project was awarded 4% tax credits in December 2025, which will require construction to start in mid-2026. The project will need its reservation extended to meet that timeline.

North Berkeley BART Project
The NBB project includes four affordable housing developments at the North Berkeley BART station, for which the City allocated a total of $26,500,000. The projects are being developed by BRIDGE Housing Corporation (BRIDGE), East Bay Asian Local Development Corporation (EBALDC), and Insight Housing and include family and permanent supportive housing (PSH) units.

Council approved $2,000,000 in predevelopment funds on December 13, 2022 (Resolution 70,643-N.S.) and July 25, 2023 (Resolution 70,991-N.S.). In June 2024, City Council adopted Resolution No. 71,428-N.S. to reserve the remaining $24.5M of funding for the three projects in the first phase of development. Of that, $3,000,000 was made available for predevelopment activities (for a total of $5,000,000), and $21,500,000 is reserved for the projects but not yet encumbered.

Since this award, there has been progress in securing additional financing on the projects, including a successful award by BRIDGE of over $49 million in State Affordable Housing and Sustainable Communities (AHSC) funding for the BRIDGE project and a successful negotiation with the Berkeley Housing Authority, resulting in the award of 15 and 50 PBVs to EBALDC and Insight, respectively, for the two affordable housing projects with PSH units. The project teams are also pursuing tax credits and other funding sources to fill development funding gaps for the projects and need an additional extension to reach their funding goals. If the tax credit applications are successful, the first NBB project could break ground in Fall 2026. To allow for additional time for the developers to obtain the rest of the funding for the NBB project, staff recommend extending the funding reservation.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The housing developments will address environmental sustainability in the design and scopes of the projects. The Ephesian Legacy Court, North Berkeley BART, and SHiPP projects will be built to third-party green building standards (either LEED Gold or GreenPoint Gold). The Ashby Lofts renovation project will incorporate energy efficiency and sustainability measures into the scope as feasible.

RATIONALE FOR RECOMMENDATION
Extending these funding reservations will allow the projects to continue progress and pursue new sources that will leverage City funds. All four projects meet local needs and

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priorities by adding new affordable housing units to the City’s inventory and improving the City’s existing affordable housing stock.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify another approach that is consistent with the City’s Strategic Plan priority to support the development of affordable housing.

CONTACT PERSON
Kelly deWolfe, Community Development Project Coordinator, HHCS, 510-981-5424 Attachments:
1: Resolution

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

EXTENSION OF FUNDING RESERVATIONS FOR HOUSING TRUST FUND

PROJECTS
WHEREAS, the City Council established a Housing Trust Fund (HTF) program to assist in the development and expansion of housing affordable to low- and moderate-income persons who either work or reside in the City of Berkeley, and authorized the City Manager to implement the HTF program; and
WHEREAS, there is a great need for affordable and special needs housing in the City of Berkeley as stated in the General Plan Housing Element and the City of Berkeley’s Consolidated Plan; and
WHEREAS, City Council adopted HTF Guidelines (the “Guidelines”) as revised on January 19, 2021, and authorized the City Manager to implement the HTF Program in accordance with the Guidelines; and
WHEREAS, on November 8, 2016, Berkeley voters passed Measure U1, a $4 million annual business tax measure, the proceeds of which support, in part, the development of affordable housing and homelessness prevention programs; and WHEREAS, on November 6, 2018, Berkeley voters passed Measure O, a $135 million bond measure to support the development and preservation of affordable housing; and WHEREAS, on December 2021, the City Council adopted Resolution 70,135-N.S. to reserve $850,000 for Satellite Affordable Housing Associates’ Ashby Lofts project (2909-2919 Ninth Street); and
WHEREAS, on December 12, 2023, the City Council adopted Resolution No. 71,131- N.S. which extended the reservation of $850,000 for Satellite Affordable Housing Associates’ Ashby Lofts project (2909-2919 Ninth Street) and $14,359,593 for the Supportive Housing in People’s Park project for a period of no more than 24 months from the resolution date; and
WHEREAS, on June 13, 2023, the City Council adopted Resolution No. 70,889-N.S. which reserved $14,531,301 for Community Housing Development Corporation’s Ephesian Legacy Court project (1708 Harmon) for a period of no more than 24 months from the resolution date; and
WHEREAS, on June 25, 2024, the City Council adopted Resolution No. 71,428-N.S. which reserved $24,500,000 for the North Berkeley BART project for a period of no more than 24 months from the resolution date; and
WHEREAS, on June 25, 2024, the City Council adopted Resolution No. 71,428-N.S. which authorized no more than $3,000,000 of the $24,500,000 reservation available for predevelopment activities at the North Berkeley BART project.

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NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves extending the following funding reservations from currently available affordable housing funds such as Affordable Housing Mitigation Fee (Fund # 120), Measure O (Fund # 512), Measure U1 (Fund # 016) and Permanent Local Housing Allocation funds (Fund # 302):
 Satellite Affordable Housing Associates’ Ashby Lofts (2909-2919 Ninth Street) for $850,000
 Supportive Housing in People’s Park (2556 Haste) for $14,359,593  Community Housing Development Corporation’s Ephesian Legacy Court (1708 Harmon) for $14,531,301
 The North Berkeley BART project for $21,500,000
BE IT FURTHER RESOLVED that all development and predevelopment loan funds shall be reserved for a period of no more than 24 months from the date of this Resolution, contingent on the developers’ obtaining all required land use approvals and securing commitments for full project funding that the City Manager or designee deems sufficient within the reservation period.

BE IT FURTHER RESOLVED that the making of each loan shall be contingent on and subject to such other appropriate terms and conditions as the City Manager or designee may establish.

BE IT FURTHER RESOLVED that the City Manager or designee be authorized to refinance existing HTF loans (including any accrued interest) into new loans with terms consistent with the HTF Guidelines.

BE IT FURTHER RESOLVED that the City Manager, or designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements, and any amendments will be kept on file in the Office of the City Clerk.

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

CONSENT CALENDAR
February 10, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Donation: Memorial Bench at Codornices Park in memory of Samuel Reitan Boyden

RECOMMENDATION
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Codornices Park in memory of Samuel Reitan Boyden.

FISCAL IMPACTS OF RECOMMENDATION
The value of a single bench and memorial plaque is $3,400, which covers the purchasing and installation costs performed by the City. The cash donation will be deposited into Parks Tax donation revenue budget code 138-52-542-568-0000-000- 000-481110 and will be appropriated in FY 2026.

CURRENT SITUATION AND ITS EFFECTS
The family of Samuel Reitan Boyden wishes to donate a memorial bench in their memory to be placed at Codornices Park with a cash donation of $3,400. Per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation. The Director has determined that the proposed donation complies with the City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the donation, subject to Council approval.

BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Policy approved by Council on July 22, 2008 (Resolution No. 64,148-N.S.).

The City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
The City’s vendor for benches, Dumor, Inc., makes its priority to purchase only sustainably-harvested wood derived from stringently-regulated timber source locations,

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including California, Oregon, Washington and British Columbia. This policy reduces solid waste volumes in landfills, helps conserve natural resources and limits the environmental effects resulting from the extraction of virgin materials. The benches therefore comply with the City’s environmentally preferable purchasing policy, specifically section 3.7 Forest Conservation.

RATIONALE FOR RECOMMENDATION
The City’s Parks Donation Policy provides a mechanism whereby families can donate a memorial bench that both honors a family member and provides the public with a needed amenity.

CONTACT PERSON
Bruce Pratt, Parks Superintendent, 510-981-6700
Attachments:
1: Resolution

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RESOLUTION NO. -N.S.

DONATION: MEMORIAL BENCH AT CODORNICES PARK IN MEMORY OF SAMUEL

REITAN BOYDEN
WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64,148-N.S.); and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166-N.S.); and
WHEREAS, the family of Samuel Reitan Boyden wishes to donate a memorial bench in their memory to be placed at Codornices Park with a cash donation of $3,400; and WHEREAS, per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation; and WHEREAS, the Director has determined that the proposed donation complies with City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the proposed donation; and
WHEREAS, the cash donation will be deposited into Parks Tax donation revenue budget code 138-52-542-568-0000-000-000-481110- and will be appropriated in FY 2026.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $3,400 for a memorial bench to be placed at Codornices Park in memory of Samuel Reitan Boyden is hereby accepted.

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RECOMMENDATION
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Strawberry Creek Park in memory of Luke Kreinberg.

CURRENT SITUATION AND ITS EFFECTS
The family of Luke Kreinberg wishes to donate a memorial bench in their memory to be placed at Strawberry Creek Park with a cash donation of $3,400. Per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation. The Director has determined that the proposed donation complies with the City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the donation, subject to Council approval.

BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Policy approved by Council on July 22, 2008 (Resolution No. 64,148-N.S.).

The City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.)

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Donation: Memorial Bench at Strawberry Creek Park – Luke Kreinberg CONSENT CALENDAR February 10, 2026

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CONTACT PERSON
Bruce Pratt, Parks Superintendent, 510-981-6700
Attachments:
1: Resolution

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RESOLUTION NO. -N.S.

DONATION: MEMORIAL BENCH AT STRAWBERRY CREEK PARK IN MEMORY OF

LUKE KREINBERG
WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64,148-N.S.); and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166-N.S.); and
WHEREAS, the family of Luke Kreinberg wishes to donate a memorial bench in their memory to be placed at Berkeley Rose Garden with a cash donation of $3,400; and WHEREAS, per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation; and WHEREAS, the Director has determined that the proposed donation complies with City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the proposed donation; and
WHEREAS, the cash donation will be deposited into Parks Tax donation revenue budget code 138-52-542-568-0000-000-000-481110- and will be appropriated in FY 2026.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $3,400 for a memorial bench to be placed at Strawberry Creek Park in memory of Luke Kreinberg is hereby accepted.

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CONSENT CALENDAR
February 10, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract No. 32600085 Amendment: Cordoba Corporation for on-site Traffic Engineering support services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32600085 with Cordoba Corporation for on-site traffic engineering services to augment staffing in the Transportation Division’s Traffic Engineering unit, increasing the current contract by $300,200 for a total not to exceed amount of $350,000 through June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
On December 30, 2025, the City of Berkeley executed contract 32600085 with Cordoba Corporation for $49,800 for on-site traffic engineering support. Additional funding in the amount of $200,200 is available in FY2026 budget in the Measure BB – Local Streets and Roads Fund (134), Measure BB – Bike and Pedestrian Fund (135), Street Lighting Fund (142), Local Capital Grants Fund (307), and Capital Improvement Fund (501).

Additional funding for FY 2027 will be identified and requested for appropriation as projects arise.

CURRENT SITUATION AND ITS EFFECTS
The Department’s Transportation Division needs temporary support while staff work to meet public demand for baseline programs and services, deliver projects from adopted City plans and fill critical vacancies like the Supervising Traffic Engineer. The Supervisor Traffic Engineer is responsible for delivering services like Neighborhood Traffic Calming and advancing programs like Vision Zero, as the position provides expert technical review for traffic engineering designs, capital projects, traffic signal timing analysis and design, traffic calming program administration, Vision Zero program delivery, transit planning and developments. Cordoba Corporation can provide the required staffing augmentation while vacancies are being filled.

Contracting with Cordoba supports the City’s Strategic Plan to advance our goals to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities and to

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Contract No. 32600085 Amendment: CONSENT CALENDAR Cordoba Corporation for on-site Traffic Engineering support service February 10, 2026

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be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.

BACKGROUND
Public Works is responsible for implementing and operating the City’s surface transportation network. This includes infrastructure to make it safe to walk, bike, drive and take public transit. The department hires experts in transportation engineering to design, review and oversee the implementation of projects. These staff also attend field visits and assist with project management activities.

On September 3, 2025, the State of California determined Cordoba Corporation bid pricing to be fair and reasonable and awarded CMAS Contract No. 4-24-08-1030, Supplement Number 1.

The California Multiple Award Schedule (CMAS) offers a wide variety of commodities, products and services at prices that have been assessed to be fair, reasonable and competitive by the Procurement Division of the California Department of General Services. The use of these contracts is available to California State and Local Government agencies. The City is eligible to utilize CMAS Contracts to purchase supplies, equipment and services if such purchases are based on a state or federal master agreement such as CMAS. This CMAS purchasing method allows for fast and cost-effective service delivery.

On December 30, 2025, City of Berkeley executed contract 32600085 with Cordoba Corporation for $49,800 for on-site traffic engineering support. This amendment ensures the continuation of ongoing work, ensuring that the City can deliver essential services.

However, $49,800 will only pay for two months of support.

This contract is exempt from AB 339, which requires noticing of contract work to local public employee unions. Section 3504.1 of the California Government code explicitly states in Section 1(d) (1), that AB 339 does not apply to the contracting of services related to, “…the planning, design, administration, oversight, review, or delivery of public works, …or other infrastructure projects subject to adopted uniform codes or standards.”

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The contracting of vendor services to assist in the completion of citywide implementation of traffic calming plans, traffic engineering, signal timing analysis and transit planning can contribute to the reduction of greenhouse gasses by providing safer roadways that encourage more bicycle, pedestrian and public transit users.

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Contract No. 32600085 Amendment: CONSENT CALENDAR Cordoba Corporation for on-site Traffic Engineering support service February 10, 2026

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RATIONALE FOR RECOMMENDATION
While the Public Works Department works to fill vacancies for positions that require high levels of technical expertise, there is a growing backlog of traffic engineering and transportation projects that require expert review. The department needs assistance in the interim to meet workload demands. Hiring consultants from Cordoba Corporation while recruiting permanent positions for critical vacancies will reduce the backlog of requests and improve community service response.

ALTERNATIVE ACTIONS CONSIDERED
No alternatives have been considered. If Public Works does not amend the contract with Cordoba to add funds, the department will face a continued backlog of projects that require review, in addition to unresolved public requests that will likely increase over time. This could lead to delays in critical infrastructure improvements and potential negative impacts on public safety and service delivery. Engaging Cordoba will provide essential capacity to address the growing workload and help meet project timelines, reducing the risk of further delays and public dissatisfaction.

CONTACT PERSON
Wahid Amiri, Deputy Director, (510) 981-6396
Attachments:
1: Resolution

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

CONTRACT NO. 32600085 AMENDMENT: CORDOBA CORPORATION FOR ON-

SITE TRAFFIC ENGINEERING SUPPORT SERVICES
WHEREAS, the Transportation Division of Public Works is responsible for implementing and operating the surface transportation network for the City of Berkeley. This includes infrastructure to make it safe for people walk, bike, drive and take public transit; and WHEREAS, the division needs immediate assistance while filling the Supervising Traffic Engineer vacancy and maintaining baseline programs and services; and WHEREAS, the Supervising Traffic Engineer is responsible for tasks like the technical review of traffic engineering designs, capital projects, traffic signal timing analysis and design, traffic calming program administration, Vision Zero program delivery, transit planning and developments; and
WHEREAS, on December 30, 2025, City of Berkeley executed contract 32600085 with Cordoba Corporation for $49,800 for on-site traffic engineering support to address the above-mentioned vacancy; and
WHEREAS, additional services are now needed, requiring Council approval of an amended contract with an amount not to exceed $350,000; and WHEREAS, initial funding is available in the FY 2026 budget in the Measure BB – Local Streets and Roads Fund (134), Measure BB – Bike and Pedestrian Fund (135), Street Lighting Fund (142), Local Capital Grants Fund (307), and Capital Improvement Fund (501), and additional funding for FY 2027 will be identified and requested for appropriation as projects arise, and
WHEREAS, City Charter XI Section 67.2 allows the City to purchase goods without undergoing a competitive bid process if the City uses pricing obtained by another entity through a competitive bid process; and
WHEREAS, the California Multiple Award Schedule is available to state and local governments; and
WHEREAS, the California Department of General Service Procurement Division determined Cordoba Corporation bid pricing to be fair and reasonable and awarded CMAS Contract No. 4-24-08-1030, Supplement Number 1; and WHEREAS, the California Department of General Service contract bid procedures satisfy the procurement requirements of the City of Berkeley.

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NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract amendment and further amendments, extensions or change orders with Cordoba Corporation to provide on-site traffic engineering services increasing the current contract by $300,200 for a total not to exceed amount of $350,000 through June 30, 2026.
.

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

PUBLIC HEARING
February 10, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning & Development Department Subject: Zoning Adjustments Board Appeal: 2109 Virginia, Use Permit #ZP2024-0066

RECOMMENDATION
Conduct a public hearing, and upon conclusion adopt a Resolution denying the appeal and affirming the Zoning Adjustments Board (ZAB) decision to approve Use 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, on a 22,513 square foot lot.

SUMMARY
On September 11, 2025, the ZAB approved Use Permit #ZP2024-0066 to demolish the existing two-story, non-residential building and construct an eight-story, mixed-use residential building containing a total of 110 dwelling units, including nine Very Low- Income (VLI) units, nine Moderate Income (MI) units, 690 square feet of ground floor commercial space, 109 vehicle parking spaces, and 64 bicycle parking spaces. The project approval was based on findings that the project would not be detrimental to the general welfare of the City, aligns with the purpose of the zoning district, encourages the use of public transit, and facilitates the construction of affordable housing.

On September 30, 2025, the ZAB’s decision was appealed by neighboring residents, who raised concerns that the approved project would be a detriment to their property and cause impacts related to noise, pollution (air, soil, water), traffic, safety, and shadows. The appeal further states the proposed project lacks adequate labor standards, lacks community input, and does not include enough affordable housing units to justify the height increase from five to eight stories.

FISCAL IMPACTS OF RECOMMENDATION
None.

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ZAB Appeal: 2109 Virginia Street, Use Permit ZP2024-0066 PUBLIC HEARING February 10, 2026

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CURRENT SITUATION AND ITS EFFECTS
On December 14, 2023, the applicant submitted a Preliminary Use Permit application (PLN2023-0091) pursuant to SB 330, thereby vesting rights.

On June 3, 2024, the applicant submitted a Use Permit application (#ZP2024-0066).

On July 3, 2024 the application was deemed complete.

On October 7, 2024, the Landmarks Preservation Commission (LPC) took no action to initiate a Landmark or Structure of Merit designation and recommended that the ZAB approve the demolition.

On May 15, 2025, the Design Review Committee provided a favorable recommendation to the ZAB with recommendations for Final Design Review. Before and shortly after the DRC meeting, staff received three public comment letters.

On July 10, 2025, the City mailed public hearing notices to property owners and occupants within 300 feet of the project site, as well as to interested neighborhood organizations. The City also posted notices at three nearby locations within the neighborhood.

On July 24, 2025, the applicant requested to remove the project from the Action Calendar of the ZAB public hearing. At that public hearing, staff received three public comment letters.

On August 20, 2025, the City received three public comment letters about this project from citizens who attended the North Shattuck community workshop about the Corridors Zoning Update.

On August 28, 2025, the City mailed new public hearing notices to property owners and occupants within 300 feet of the project site, as well as to interested neighborhood organizations. The City also posted notices at three nearby locations within the neighborhood.

On September 11, 2025, the ZAB held a public hearing for the Use Permit and received no additional public comments. See Attachment 3 for the staff report submitted for ZAB consideration. The ZAB voted to approve the project with a 7-0-0-1 vote (Moved Duffy, Second: Gaffney. Ayes: Duffy, Gaffney, Mae Palmatier, Allen, Thompson, Choi, Sanderson; Noes: None; Abstain: None; Absent: Yung).

On September 30, 2025, neighboring residents filed an appeal of the ZAB’s decision.

BACKGROUND

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ZAB Appeal: 2109 Virginia Street, Use Permit ZP2024-0066 PUBLIC HEARING February 10, 2026

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The project site is a rectangular north-south-oriented corner lot located on the northeast corner of Shattuck Avenue and Virginia Street in the North Berkeley neighborhood. It is a 22,513 square foot split-zoned lot consisting of the following zoning districts: North Shattuck Commercial District (C-NS), Restricted Multiple-Family Residential District (R- 2A), and Multi-Family Residential District (R-4).

The project site is surrounded by commercial uses and mixed-use buildings to the north, east, and west. A multi-family residential building is located to the south across Virginia Street. The surrounding buildings are one to three stories in height. Housing types include single-family homes, duplexes, and small apartment buildings, and are mostly located to the northeast. There are existing on-street metered parking spaces along the frontages of Shattuck Avenue and Virginia Street. The property is served by Alameda County Transit buses and is less than one mile from the North Berkeley BART Station and half mile from the Downtown Berkeley BART Station. There are various local shops, restaurants, services, public parks, and the University of California, Berkeley, all within a half mile of the site.

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ZAB Appeal: 2109 Virginia Street, Use Permit ZP2024-0066 PUBLIC HEARING February 10, 2026

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Figure 1. Zoning
The proposed project would demolish the existing two-story commercial building and surface parking lot to construct a 112,969-square-foot mixed-use residential building containing 110 dwelling units (including nine Very Low-Income and nine Moderate Income Density Bonus qualifying units), 690 square feet of ground-floor commercial space and 109 vehicle parking spaces. The proposed project is also providing 7,060 square-feet of usable open space, 64 bicycle parking spaces, and new street trees on Shattuck and Virginia.

The subject site is also identified as a Housing Opportunity Site in the adopted, certified 2023-2031 Housing Element. Due to the site size exceeding 0.5 acres, it was identified as a “High Potential” site for redevelopment of residential uses, with a capacity of 50 dwelling units per acre.

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ZAB Appeal: 2109 Virginia Street, Use Permit ZP2024-0066 PUBLIC HEARING February 10, 2026

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Figure 2: Street View
Figure 3: Site Plan/Ground Floor Plan

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ZAB Appeal: 2109 Virginia Street, Use Permit ZP2024-0066 PUBLIC HEARING February 10, 2026

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Figure 4: Shattuck Avenue Rendering Looking Northeast
Figure 5: South Elevation Facing Virginia Street

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ZAB Appeal: 2109 Virginia Street, Use Permit ZP2024-0066 PUBLIC HEARING February 10, 2026

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Figure 6: West Elevation Facing Shattuck Avenue
Figure 7: East (Interior Side) Elevation Facing Existing Residential

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ZAB Appeal: 2109 Virginia Street, Use Permit ZP2024-0066 PUBLIC HEARING February 10, 2026

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Senate Bill 330 (Housing Crisis Act of 2019) and State Density Bonus Law The proposed project qualifies as a housing development project under SB 330 and is requesting a density bonus under the State Density Bonus Law. The total density bonus is calculated based on the site’s base density and the allowable bonus granted for providing affordable housing. The base density reflects the maximum number of units allowed on the site while fully complying with applicable district development standards, including height, setbacks, usable open space, and parking requirements. The density bonus is then determined by the percentage of total units dedicated as affordable and their affordability level. For this site, the base density is 55 units. By proposing nine very low-income (VLI) units,15% of the total base units, and nine moderate income (MI) units, 15% of the total base units, the project qualifies for a 100% density bonus, increasing the maximum allowable density to 110 units. (See Table 1: Density Bonus) Table 1: Density Bonus
Base Project Units a Qualifying Units
Percent
Density
Bonus
Number of
Density Bonus
Units a
Proposed
Project Units a
55 9 VLI Units (15%
of base project)
9 MI Units (15% of
base project)
100% 55
(100% of 55 units) 110
Notes:
a. Pursuant to Government Code 65915(q), all unit calculations are rounded up to the nearest whole number.

The proposed project is entitled to three concessions or incentives under Government Code Section 65915(d), as well as an unlimited number of development standard waivers under Government Code Section 65915(e). The applicant is requesting two concessions for the project as follows:
 Public Art In-lieu Fee. A Concession from BMC Chapter 23.316 “Percentage for Public Art on Private Projects” to allow an exemption from the in-lieu fee; and
 On-Grade Parking. A Concession to relocate the underground parking in the base project to an on-grade podium structure in the proposed project.

The applicant is requesting 11 waivers from the following development standards:

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

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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.
 Parking. Waiver from BMC Section 23.322.070(D)(1) “Excess Off-Street Parking” to exceed the maximum number of off-street residential parking.

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

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western side of the lot and 5 feet, 8 inches on the eastern side of the lot where 15 feet is required.

Multi-Family Residential District (R-4) cont’d:
 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.

The waivers are requested because they are necessary to physically accommodate the additional 18 units as allowed under the State Density Bonus Law.

The City may only deny the waivers if it finds that the waivers would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income, very-low income, and moderate-income households, or if the waiver would be contrary to State or Federal law.

In addition, the project is subject to the Permit Streamlining Act (Chapter 4.5, beginning with Section 65920), which limits the number of public hearings to no more than five.

The January 27, 2026 City Council hearing represents the fourth public hearing for the proposed project since the project was deemed complete.

RATIONALE FOR RECOMMENDATION
The issues raised in the appellant’s letter (Attachment 2) and staff’s responses are detailed below. For the sake of brevity, the appeal issues are not re-stated in their entirety.

Issue 1: The appellants argue that construction activities would create noise, dust, and vibration that would disrupt nearby households, and they are requesting mitigation measures to reduce these impacts. In addition, they are requesting mitigation to nearby creeks and aquifers, additional soil testing due to the site’s past use as a dry cleaner, measures to protect community health from exposure to hazardous substances, and written disclosures to future tenants regarding soil or groundwater monitoring and any health risks associated with the site.

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Response: The Conditions of Approval include several conditions to mitigate the construction impacts mentioned. See Conditions number 17, 21, 23, 24C, 24D, 24E, 44-

46. No creek or culvert, as defined by BMC Chapter 17.08, exists on or within 30 feet of the project site.

Due to its previous use as a dry cleaner, the site was remediated under the oversight of the DTSC in 1987 and assessed by the San Francisco Bay Regional Water Quality Control Board (RWQCB) in 1999. The applicant submitted Phase I and II reports, which were preliminarily reviewed by the City of Berkeley’s Toxics Division and subsequently by LSA Consultants to prepare an environmental checklist in accordance with CEQA Section 15183.3 (“Streamlining for Infill Projects”) and 15162 (“Subsequent EIRs and Negative Declarations”). The Phase I ESA identified a past contamination issue, so a Phase II ESA was subsequently prepared. The Phase II ESA found that any remaining soil or groundwater impacts are minimal and consistent with the conditions described in the case closure letters granted by the DTSC in 1987 and the San Francisco Bay RWQCB in 1999. Because no land use restrictions or continuing obligations were required by DTSC and the San Francisco Bay RWQCB, the Phase II ESA concluded that no further assessment or regulatory oversight is necessary. The CEQA analysis found that the project would not have significant environmental effects that have not already been analyzed in the Housing Element EIR or that are more significant than those previously analyzed.

Issue 2: The appellants argue that the project should be conditioned to use union labor, ensuring fair wages, safety protections, and higher construction quality.

Response: The project was vested on December 27, 2023 under the Housing Crisis Act of 2019. This vesting date is prior to the January 1, 2024 effective date of the Hard Hats ordinance (BMC Chapter 13.107). Therefore, a Condition of Approval cannot be retroactively applied to the project.

Issue 3: The appellants argue that parking will overflow into nearby streets, worsening the existing shortage. They also claim the location of the parking entrance will increase congestion on Shattuck Avenue and pose safety risks for pedestrians and cyclists.

Response: The project provides 109 off-street parking spaces, nearly double the amount typically required near transit (55 maximum), helping to minimize neighborhood spillover given the site's proximity to transit and commercial areas. Also, the project is not eligible for the Residential Permit Parking program, (RPP) and new residents would not be able to secure the existing permits for on-street residential parking that serve the neighborhood. The site is well-served by BART and AC Transit and includes transit incentives and unbundled parking (see Condition number 63), which encourage reduced car ownership and use.

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The parking entrance on Shattuck Avenue reuses an existing curb cut and is consistent with existing commercial access patterns. Placing the entrance on Virginia Street would have required major excavation due to the slope of the lot. The project includes streetscape improvements, such as a corner bulb-out with seating and new street trees, which enhance pedestrian safety and visibility.

Issue 4: The appellants claim that the number of units and parking spaces will lead to operational impacts, including noise and increased traffic from deliveries, rideshare pickups, and service vehicles.

Response: The project includes standard Conditions of Approval to manage operational impacts such as noise and traffic. These include:

Noise Reduction Measures: HVAC systems must meet City noise standards, and interior noise levels must comply with residential limits (Condition 27–28).

Transportation Demand Management (TDM): Residents receive transit benefits and real-time transit info (Condition 63), reducing reliance on rideshare and personal vehicles.

Loading Zone and Designated Areas: The ground floor includes a loading zone to accommodate deliveries and service vehicles, minimizing disruption to surrounding streets.

Unbundled Parking: Parking spaces are leased separately from units, discouraging excess vehicle ownership.

No significant operational impacts were identified in the CEQA analysis, and the project complies with all applicable zoning and environmental standards.

Issue 5: The appellants claim the project increased from 5 to 8 stories without clear public notice or sufficient community input. They request stronger affordability commitments in exchange for the added height and ask for transparency on how the density bonus was calculated, which concessions and waivers were granted, and how the City ensures that concessions result in real community benefit.

Response: Public outreach for the project included a neighborhood meeting, mailed notices, posted signage, and multiple public hearings, as outlined in the ZAB staff report. The increase to 8 stories complies with State Density Bonus Law, which allows additional height in exchange for affordable housing. The project includes 18 below- market-rate units (nine Very Low-Income and nine Moderate-Income), qualifying for a 100% density bonus. The ZAB staff report explains how the bonus was calculated and lists the concessions and waivers requested. All of this information was presented at the ZAB public hearing. Per Government Code Section 65915(k), concessions granted

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under the State Density Bonus Law are intended to support affordable housing and do not require the provision of community benefits.

Issue 6: The appellants claim the proposed project would create shade and privacy impacts for the adjacent homes.

Response: The applicant submitted shadow studies illustrating the shadows cast by the project at three times of day during the summer and winter solstices. The studies indicate new shadows would fall on the following nearby residences:
 Winter (2 hours before sunset): 1624, 1628, 1632, 1634, 1636, and 1640 Walnut Street, located to the northeast and east of the project site.  Summer (2 hours before sunset): 1634, 1636, and 1640 Walnut Street, located to east of the project site.

While the project would introduce new shadows on neighboring properties, these impacts would be limited in duration and extent and affect only portions of the buildings for a few hours of the day, only during certain times of the year. Such impacts are typical in a built urban environment and are not considered detrimental to the surrounding residential uses.

To address privacy, the proposed project steps back above the podium level on the north and east sides and incorporates trees and planters to minimize privacy impacts.

The step back is maintained for all upper stories of the building.

Issue 7: The appellants raise concerns about emergency preparedness and infrastructure impacts. They cite the site’s seismic risk and deep excavation for the 8-story building as potential safety issues, and request details on fire protection and emergency access. They also note increased demand on police and fire services, loss of trees and green space, and claim the project’s impact on utilities and infrastructure hasn’t been fully addressed.

Response: The project site is not located within a designated seismic hazard zone for landslides, liquefaction, or fault rupture, according to the State Seismic Hazard Zones map. Therefore, no additional geotechnical mitigation is required beyond standard building code compliance. The project is subject to standard Conditions of Approval requiring compliance with all applicable fire and building codes. These include installation of fire sprinklers to meet the 2025 Building and Fire Codes, emergency access provisions, and evacuation planning, which will be reviewed during the building permit process. The CEQA analysis did not identify any significant impacts on police, fire, or ambulance services beyond those already addressed in the Housing Element EIR. The project is consistent with planned residential growth and infrastructure capacity and includes new street trees and landscaping improvements to offset the

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removal of existing vegetation. These features enhance the pedestrian environment and contribute to the urban canopy. The project is located in a fully developed urban area with existing utility connections. No new or more severe infrastructure impacts were identified in the CEQA consistency analysis.

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

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The project approved by the ZAB is compliant with all applicable State and local environmental requirements, would be located in a transit-rich area, and would be built and operated according to current codes for energy conservation, waste reduction, and water conservation.

The proposed project is categorically exempt from the provisions pursuant to CEQA Guidelines Section 15183.3 (“Streamlining for Infill Projects”). An environmental checklist was prepared for the project in accordance with CEQA Sections 15183.3 and 15162, utilizing the Housing Element’s Environmental Impact Report (EIR, SCH#2010032073) for a consistency analysis. The analysis concluded that the proposed project would not result in any new impacts that would require additional mitigation measures beyond those required by the Housing Element EIR.

CONTACT PERSON
Jordan Klein, Director, Planning & Development Department, (510) 981-7534 Anne Hersch, Land Use Planning Manager, (510) 981-7411
Singeh Saliki, Senior Planner, (510) 981-7412
Attachments:
1: Draft Resolution
Exhibit A: Findings and Conditions, September 11, 2025
Exhibit B: Project Plans, received July 9, 2025
2: ZAB Decision Appeal Letter, received September 30, 2025 3: ZAB Packet (staff report and attachments), dated September 11, 2025 4: Public Hearing Notice
5: Index to Administrative Record
6: Administrative Record

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

DENY THE APPEAL AND AFFIRM THE ZONING ADJUSTMENTS BOARD DECISION TO APPROVE USE 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
WHEREAS, on December 14, 2023, the City received an SB330 Preliminary Use Permit application (PLN2023-0091); and
WHEREAS, on December 27, 2023, the SB 330 Preliminary Use Permit application (PLN2023-0091) was deemed complete; and
WHEREAS, on June 3, 2024, Isaiah Stackhouse (“applicant”) submitted a Use Permit Application (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 nine Very Low-Income and nine 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; and
WHEREAS, on July 3, 2024, the Use Permit application (ZP2024-0066) was deemed complete; and
WHEREAS, on October 7, 2024, the Landmarks Preservation Commission (LPC) reviewed the demolition referral; and
WHEREAS, on May 15, 2025, the Design Review Committee conducted preliminary review and provided a favorable recommendation with suggested refinements; and WHEREAS, on July 10, 2025, the City mailed public hearing notices to all adjacent property owners and occupants within 300 feet of the subject property, and to interested neighborhood organizations. Staff also posted the Notice of Public Hearing at three locations within the immediate vicinity of the subject site; and WHEREAS, on July 24, 2025, the applicant requested to remove the project from the Action Calendar of the ZAB public hearing; and
WHEREAS, on August 28, 2025, the City mailed new public hearing notices to all adjacent property owners and occupants within 300 feet of the subject property, and to interested

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neighborhood organizations. Staff also posted the Notice of Public Hearing at three locations within the immediate vicinity of the subject site; and WHEREAS, on September 11, 2025, the ZAB conducted a public hearing for the Use Permit application (ZP2024-0066). After considering the staff report, the administrative record, and hearing comments from staff, the applicant, and the members of the public, the ZAB approved the project by a vote of 7-0-0-1; and
WHEREAS, on September 30, 2025, neighbors of the proposed project (“appellants”) submitted an appeal of the ZAB decision to the City Clerk; and WHEREAS, on or before January 27, 2026, staff posted the public hearing notice at the site and three nearby locations, and mailed notices to property owners and occupants within 300 feet of the project site, and to all registered neighborhood groups that cover this area. The Council must conduct a public hearing to resolve the appeal; and WHEREAS, on February 10, 2026, the Council held a public hearing to consider the ZAB’s decision, and in the opinion of this Council, the facts stated in, or ascertainable from the public record, including the staff report and comments made at the public hearing, warrant approving the project.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley hereby affirms the decision made by ZAB to approve a Use Permit #ZP2024-0066; adopts the Findings and Conditions of Approval in Exhibit A; and adopts the project plans in Exhibit B.

Exhibits
A: Findings and Conditions, September 11, 2025
B: Project Plans, received July 9, 2025

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Zoning Adjustments Board Findings
Project Facts Project Description:

Applicant: Isaiah Stackhouse. Stackhouse,
De La Pena, Trachtenberg Architects
Property Owner: American
Commonwealth Associates
Project Address: 2109 Virginia Street/1685
Shattuck Avenue
GP Land Use:

Neighborhood Commercial (NC),
Medium Density Residential (MDR),
High Density Residential (HDR)
Zoning:

North Shattuck Commercial (C-NS),
Restricted Multiple-Family Residential
District (R-2A), Multi-Family Residential
District (R-4)
Site Size: .51 acres
CEQA: Exempt pursuant to Section 15183.3
(“Streamlining for Infill Projects”)
Vesting Date: December 27, 2023
Date Deemed Complete: July 23, 2024
Project Planner: Singeh Saliki
The applicant is seeking approval 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 sp aces and 64 bicycle parking spaces.

Permits Requested:

1. Demolition. Use Permit under BMC Section 23.326.070(A) “Main Non- Residential Building” to demolish a non- residential building

2. New Construction. Use Permit under BMC Section 23.202.020 (A) “Allowed Land Uses” to construct a new mixed -use development.

3. New Construction. Use Permit under BMC Section 23.204.020 (A) “Allowed Land Uses” to construct a new mixed -use development.

4. 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.

5. Building Height. Administrative Use Permit under BMC Section

23.304.050(A) “P rojections Above Height Limits” to exceed the allowed height limit with a rooftop projection
Waivers Concessions

1. Building Height

2. Residential Window Setback

3. Parking

4. Lot Coverage

5. Interior Side Setback

6. Front Setback

1. Public Art In-lieu Fee

2. On-Grade Parking
Staff Recommendation
Staff recommends that ZAB determine the project is exempt from CEQA, pursuant to Section 15183.3 of the CEQA Guidelines (“Streamlining for Infill Projects”), and approve ZP2024 -0066 pursuant to BMC Section

23.406.040 (E) “Findings for Approval” and subject to the attached Findings and Conditions of Approval.

App # ZP2024-0066
Use Permit for a Project at 2109 Virginia Street
Sept 11, 2025
ATTACHMENT 1, EXHIBIT A

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C EQA

Qualified Infill Checklist
The project is exempt from the requirements of CEQA pursuant to Section 15183.3 of the CEQA Guidelines (“Streamlining for Infill Projects”).

Evidence: The project is located in an urban area on a previously developed site. It is consistent with the applicable General Plan designations and policies, and with the applicable zoning designations and regulations. An environmental checklist was prepared for the project in accordance with CEQA Sections 15183.3 and 15162, utilizing the Housing Element’s Environmental Impact Report (EIR, SCH#2010032073) for a consistency analysis. The analysis concluded that the proposed project would not result in any new impacts that would require addit ional mitigation measures beyond those required by the Housing Element EIR.

FINDINGS FOR APPROVAL
As required by BMC Section 23.406.040 (E) (1-4) “Findings for Approval ,” the following findings shall be made:

1. To appr
ove a Use Permit, the ZAB shall find that the proposed project or use:

a) Will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or visiting in the area or neighborhood of the proposed use; and

Evidence: The project will not be detrimental to the health safety, peace, morals, comfort or general welfare of person residing or visiting in the area because the project is consistent with all applicable C -NS, R-2A, and R -4 District standards , qualifies for concessions and waivers for the standards granted pursuant to State Density Bonus, Government Code, Section 65915 , and will not unreasonably obstruct sunlight, air , or views.

The increase in shadows would be limited to certain times of days during winter and summer, on adjacent properties. Specifically, in the summer, portions of buildings to the east would experience additional shade in the late afternoon, and the buildings to the west would experience additional shade in the morning . In the winter, additional shade would extend to buildings to the northwest in the morning , to the building in the north at noon, and to the buildings in the east in the late afternoon.

The project site is on a major commercial corridor, significantly slopes down from east to west, and abuts R-4 lots to the east, which allow heights up to 65 feet with a Use Permit. Therefore, even though the project will create new shadow impacts on neighboring buildings, the projected impacts will be in line with what is expected within a built urban environment.

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The reduction in setbacks is consistent with development patterns found in the neighborhood, where commercial and mixed-use buildings are built up to the property line, and is permissible under a density bonus waiver to allow the construction of dwelling units; the project would not be detrimental to air quality.

b) Will not be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood, or to the general welfare of the City.

Evidence: The project will not be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood, or the general welfare of the City because the project will benefit the immediate and surrounding neighborhoods by replacing an underutilized commercial building with 110 additional housing units, including 18 below-market-rate units, which contribute to the local and regional housing stock, and ground floor commercial space that may provide services conveniently ac cessible to the nearby neighborhoods, and accessible by public transit. The 110 units proposed for an opportunity site, as identified in the Housing Element, will be accompanied by a commensurate amount of parking intended to mitigate any potential strain on the current on- street parking supply that may result from the mixed-use project.

2. To approve the Use Permit, the ZAB must also make any other Use Permit findings specifically required by the Zoning Ordinance for the proposed project.

DEMOLITION

Pursuant to BMC Section 23.326.070(D) “Demolition of Non -Residential Buildings,” the following findings shall be made : (1) the demolition will not be materially detrimental to the commercial needs and public interest of any affected neighborhood or the City, and (2) the demolition is required to allow a proposed new building or other proposed new use, will remove a building that is unusable for activities compatible with the purpose of the district or infeasible to modify for such uses, will remove a struct ure that is an uninhabitable attractive nuisance to the public, or is required for the furtherance of specific plans or projects sponsored by the City or other local district or authority.

Evidence: The proposed ground -floor commercial space is compatible with existing development patterns along Shattuck Avenue and Virginia Street and will accommodate neighborhood-serving commercial uses. The project aligns with the district’s objectives to provide a mix of commercial and residential development that is compatible with the existing uses within the C -NS district. The project redevelops an underutilized lot with a mixed- use building that will provide more

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housing opportunities. The demolition of the existing 4,604-square -foot, two-story commercial building is necessary to allow the proposed new mixed- use building with 110 dwelling units, which cannot be accommodated in the existing building envelope. The project demolishes an underutilized parking lot and comm ercial building with vacant ground-floor tenants to be replaced with a mixed-use building that contains active frontages on Shattuck Avenue. The project implements the goals of the Housing Element by providing twice the number of units identified for the site.

DENSITY BONUS
A. Pursuant to Government Code Section 65915, the Zoning Adjustments Board finds that:

1. Under the City’s methodology for implementing density bonuses, the base
project consists of 55 units
;

2. The project will provide at least 9 Very Low Income and 9 Moderate Income qualifying units in the 55-unit base project, as more fully set forth in Condition 33;

3. The project is entitled to a density increase of 100 percent over the otherwise maximum allowable residential density under the Zoning Ordinance and General Plan Land Use Element, under the requirements of Government Code Section 65915(b) and (f), plus three concessions or incentives. This equates to a density bonus of up to 55 units above the base project, for a total of up to 110 units.

B. In accordance with Government Code Section 65915(d) and (k), the Zoning Adjustments Board hereby grants the following concessions in order to provide for affordable housing costs:

1. Public Art In-lieu Fee. A Concession from BMC Chapter 23.316 to allow an exemption from the Percentage for Public Art on Private Projects in-lieu fee; and

2. On-Grade Parking. A Concession to relocate the underground parking in the base project to above grade in the proposed project.

C. In accordance with Government Code Section 65915(d), in order to allow construction of the proposed project with the density permitted under State law, the Zoning Adjustments Board finds that the approval of the concessions is required to provide for affordable rents, as provided in Government Code Section 65915(d)(1)(A) because 1) approval of the concession would result in identifiable and actual cost reduction; 2) approval of the concession would not have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources; and 3) would not be contrary to State or Federal law.

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D. In accordance with Government Code Section 65915(e) the Zoning Adjustments Board hereby grants the following waivers to modify development standards as necessary to accommodate these density bonus units.

North Shattuck Commercial District (C-NS)

1. 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;

2. 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;

3. 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;

4. Waiver from BMC Section 23.322.070(D)(1) “Excess Off -Street Parking” to exceed the maximum number of off-street residential parking;

Restricted Multiple Family Residential District (R-2A)

5. 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;

6. 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;

7. 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)

8. 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;

9. 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 by adding 60% for a total of 100% lot coverage;

10. Waiver from BMC Section 23.202.110(E)(1) “Basic Development Standards” to reduce the front setback to 2 feet, 10 inches on the

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western side of the lot and 5 feet, 8 inches on the eastern side of the lot where 15 feet is required; and

11. 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.

E. In accordance with Government Code Section 65915(e), in order to allow construction of the proposed project with the density permitted under State law, the Zoning Adjustments Board finds that the approval of waivers is required 1) to construct the proposed project at the density permitted under State law; 2) approval of requested waivers will not have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources; and 3) approval of the requested waivers will not be contrary to State or Federal law.

HOUSING ACCOUNTABILITY ACT

The Housing Accountability Act, Government Code Section 65589.5(j) requires that whe
n a proposed housing development complies with applicable, objective general plan and zoning standards, a local agency may not deny the project or approve it with reduced densi
ty unless the agency makes written findings
supported by substantial evidence that: (1) the development would have a specific adverse impact on public health or safety unless disapproved or approved at a lower density; and (2) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval or approval at a lower density.

Evidence: The project includes construction of 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. Because the base project complies with applicable, objective general plan and zoning standards, Section 65589.5(j) does apply to this project. No significant, quantifiable, direct and unavoidable impacts, based on objective, identified written public health or safety standards, polices, or conditions, have been identified.

PERMIT FINDINGS FOR THE C-NS ZONING DISTRICT
As required by BMC Section 23.204.090 (E) “Permit Findings,” the following findings shall be made: To approve an AUP or Use Permit for a project in the C -NS district, the review authority must make the findings in Section 23.406.040 (Use Permits ) and find that the proposed use or structure:

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1. Is compatible in design and character with the commercial district and the adjacent residential neighborhoods;
Evidence: The project is compatible in design and character to the commercial district and adjacent residential neighborhoods because it will construct a mixed- use building that offers both housing and commercial space, thereby contributing to the existing uses in the area and reinforcing compatibility with the C -NS neighborhood and adjacent residential neighborhoods.

2. Is compatible with the purposes and the existing character of the district.

Evidence: The project is compatible with the existing character and purposes of the district because it will construct a mixed-use building that provides housing and commercial space, contributing to the existing commercial and residential uses in the neighborhood and, therefore, compatible. It will provide commercial use on the ground level and provide off-street vehicle parking and bicycle parking, allowing the project to mitigate any potential intensification of available traffic capacity and potential parking supply that would result from the increased density.

3. Does not interfere with the continuity of retail or compatible service facilities at the ground level;

Evidence: The project does not interfere with the continuity of retail or compatible service facilities at the ground level because it will provide a commercial space on the ground floor , creating modern space and continuity to the existing ground-floor uses on Shattuck Avenue.

4. Does not exceed the amount and intensity of use that can be served by available traffic capacity and potential parking supply.

Evidence: The project does not exceed the amount and intensity of use that can be served by available traffic capacity and potential parking supply because it is accessible by public transportation, and will provide bicycle and vehicle parking spaces, thereby reduci ng the strain on the metered street parking supply in the area.

3. When taking action on a Use Permit, the ZAB shall consider in its findings:

(a) The proposed land use; and

Evidence: The proposed land use meets the findings for approval because the project’s residential and commercial uses are allowed land uses and consistent with the General Plan Land Use Designation of Neighborhood Commercial and with the C-NS, R-2A and R-4 zoning of the property. The additional residential units provided

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will create new housing opportunities on a transit-served site, contributing to local and regional housing needs and consistent with the development standards, with the inclusion of applicable waivers and concessions allowed under the State Density Bonus law.

(b) The structure or addition that accommodates the use.

Evidence: The proposed construction of an 8-story multi-family building (89 feet and 4 inches in maximum height) i s consistent with the zoning development standards, with the inclusion of waivers to modify height and setback limits, pursuant to Government Code Section 65915 “State Density Bonus Law.”

4. Required findings shall be made based on the circumstances existing at the time a decision is made on the application.

Evidence: The required findings are satisfied because the project has been determined to be fully compliant with all applicable local and state regulations based on the project plans submitted on July 9, 2025 , included as analysis in this report, and evaluated based on the existing conditions of the subject site and surrounding neighborhood at the time of decision.

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USE PERMIT ZP2024-0066

CONDITIONS OF APPROVAL
September 11, 2025

1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 Email [email protected]
2109 Virginia Street
Use Permit 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.

I. STANDARD CONDITIONS OF APPROVAL FOR ALL PROJECTS
Pursuant to Berkeley Municipal Code (BMC) Title 23 Zoning Ordinance and Title 13 Public Peace, Morals, and Welfare, the following conditions, as well as all other applicable provisions of the Zoning Ordinance, apply to this Permit:

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

2. Compliance Required (BMC Section 23.102.050). All land uses and structures in Berkeley must comply with the Zoning Ordinance and all applicable City ordinances and regulations. Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property.

3. Approval Limited to Proposed Project and Replacement of Existing Uses (BMC Sections 23.404.060(B)(1) and (2)):

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

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

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G:\LANDUSE\Projects by Address\Virginia\2103-09\ZP2024-0066\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2025-09-11_ZAB_ATT 3_Conditions_2109 Virginia_Final.docx

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

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

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

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

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

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

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

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

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

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

Proceedings to revoke or modify a permit may be initiated by the Zoning Officer, Zoning Adjustments Board (ZAB), or City Council referral.

9. Pay Transparency Acknowledgement (BMC Section 13.104.030). Prior to the issuance of a building permit for any Project subject to this Chapter:

A Responsible Representative of the Permittee shall certify under penalty of perjury that the Permittee has reviewed Chapter 13.104 of the Berkeley Municipal Code, and will be responsible for demonstrating compliance with this Chapter.

The Permittee shall provide to the City a Contractor Pay Transparency Acknowledgment on a form approved by the City for this purpose. A Responsible Representative of the Permittee shall certify under penalty of perjury that the Contractor and all Qualifying Subcontractors performing work on the Project will comply with BMC

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10. Pay Transparency Attestations following Project Completion (BMC Section

13.104.040). Within 10 days of the approved final inspection of any Project subject to this Chapter, each Permittee shall provide to the City for each Contractor and Qualifying Subcontractor a Pay Transparency Attestation on a form approved by the City. On each Pay Transparency Attestation, a Responsible Representative of the Contractor or Qualifying Subcontractor shall attest under penalty of perjury that the Contractor or Qualifying Subcontractor complied with BMC Chapter 13.104 and Labor Code sections 226(a) and 2810.5 for each employee who performed work on the Project. The City will maintain Pay Transparency Attestation forms for period of at least three years after their date of receipt by the City

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G:\LANDUSE\Projects by Address\Virginia\2103-09\ZP2024-0066\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2025-09-11_ZAB_ATT 3_Conditions_2109 Virginia_Final.docx

11. Posting of Wage Theft Ordinance (BMC Section 13.104.050). Each day work is performed on the Project, each Permittee shall post, and keep posted in a conspicuous location where it may be easily read by employees during the hours of the workday, a notice that: (A) contains the text of BMC Chapter 13.104; (B) explains that workers can report violations of Labor Code sections 226 and 2810.5 to the Labor Commissioner of the State of California; and (C) provides current contact information, including office address, telephone number, and email address of the Labor Commissioner of the State of California.

12. Wage Theft Prevention Conditions of Approval (BMC Section 13.104.060). The requirements of BMC Sections 13.104.030 through 13.104.050 shall be included as conditions of approval of any Use Permit or Zoning Certificate for any Project that is subject to this Chapter. Failure to comply with the requirements of any provision of this Chapter shall be grounds for issuance of an administrative citation under BMC Chapter 1.28 and/or the revocation or modification of any Use Permit issued for the Project under BMC Chapter

23.404.

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

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Prior to Submittal of Any Building Permit:

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

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

16. Bird Safe Buildings. Prior to submittal of the building permit, the applicant shall demonstrate compliance with the applicable bird safe building provisions in BMC Section

23.304.150, Bird Safe Buildings.

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

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

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 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.

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G:\LANDUSE\Projects by Address\Virginia\2103-09\ZP2024-0066\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2025-09-11_ZAB_ATT 3_Conditions_2109 Virginia_Final.docx 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 b e rented and quickly erected.

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

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

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.

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G:\LANDUSE\Projects by Address\Virginia\2103-09\ZP2024-0066\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2025-09-11_ZAB_ATT 3_Conditions_2109 Virginia_Final.docx The study shall be reviewed and approved by the Building and Safety Division and the Zoning Officer prior to issuance of a grading permit. Upon completion of the project, the structures (or, in case of large buildings, of the portions of the structures) previously inspected will be resurveyed, and any new cracks or other changes shall be compared to pre-construction conditions and a determination shall be made as to whether the proposed project caused the damage. The findings shall be submitted to the Building and Safety Division and the Zoning Officer for review. If it is determined that project construction has resulted in damage to the structure, the damage shall be repaired to the pre-existing condition by the project sponsor, provided that the property owner approves of the repair.

19. Compliance with Conditions of Approval and Environmental Mitigations. The building permit application is subject to verification of compliance of these Conditions of Approval and the adopted Mitigation Monitoring and Reporting Program (Attachment 3 – Exhibit A).

The applicant shall be responsible for demonstrating compliance with all conditions of approval and mitigation measures per the timeline set forth by this use permit. The applicant shall deposit $10,000 with the City, or less with the approval of the Zoning Officer, to pay for the cost of monitoring compliance with these Conditions of Approval and other applicable conditions and regulations. Should compliance-monitoring expenses exceed the initial deposit, the applicant shall deposit additional funds to cover such additional expenses upon the request of the Zoning Officer; any unused deposit will be refunded to the applicant.

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

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

21. 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.

22. 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 on-site 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.

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23. 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.

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

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

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

Environmental screening clearance shall be submitted to the City of Berkeley’s Toxics Management Division prior to issuance of any building permits.

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

The SGMP shall comply with the hazardous materials and waste management standards required by BMC Section 15.12.100, the stormwater pollution prevention requirements of San Francisco Bay Regional Water Quality Control Board’s Order No.

R2-2009-0074, Califo rnia 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;

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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.

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

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

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G:\LANDUSE\Projects by Address\Virginia\2103-09\ZP2024-0066\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2025-09-11_ZAB_ATT 3_Conditions_2109 Virginia_Final.docx Hazardous Materials Business Plan. A Hazardous Materials Business Plan (HMBP) in compliance with BMC Section 15.12.040 and California Health & Safety Code, Chapter 6.95 Div. 20, shall be submitted to the Toxics Management Division through the California Environmental Reporting System: http://cers.calepa.ca.gov/ for chemicals used or stored on site during construction that exceed reporting thresholds. The reporting is required if your facility stores or handles hazardous materials in aggregate quantities equal to or greater than 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet of compressed gases, or generates any quantity of hazardous waste. This includes welding gases, emergency generator fuel, paints, etc.

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

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

Prior to Issuance of Any Building (Construction) Permit

25. Parcel Merger/Lot Line Adjustment. The applicant shall secure approval of any parcel merger and/or lot line adjustment associated with this Use Permit.

26. Final Design Review. The Project requires approval of a Final Design Review application by the Design Review Committee.

27. HVAC Noise Reduction. Prior to the issuance of building permits, the project applicant shall submit plans that show the location, type, and design of proposed heating, ventilation, and cooling (HVAC) equipment. In addition, the applicant shall provide product specification sheets or a report from a qualified acoustical consultant showing that operation of the proposed HVAC equipment will meet the City’s exterior noise requirements in BMC Section

13.40.050. The City’s Planning and Development Department shall review the submitted plans, including the selected HVAC equipment, to verify compliance with exterior noise standards.

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28. Interior Noise Levels. Prior to issuance of a building permit, the applicant shall submit a report to the Building and Safety Division and the Zoning Officer by a qualified acoustic engineer certifying that the interior residential portions of the project will achieve interior noise levels of no more than 45 Ldn (Average Day-Night Levels). If the adopted Building Code imposes a more restrictive standard for interior noise levels, the report shall certify compliance with this standard.

29. Solar Photovoltaic (Solar PV) and Battery Energy Storage Systems (ESS). A solar PV system shall be installed, subject to specific limited exceptions, as specified by the Berkeley Energy Code (BMC Chapter 19.36). Energy storage system (ESS) readiness (new single-family, duplex, and townhouse homes) or ESS installation (new multifamily and most nonresidential buildings) shall be completed as specified by BMC Chapter 19.36.

Location of the solar PV system and the ESS, if applicable, shall be noted on the construction plans. (Project required to meet applicable code at time of building permit application, if different from above.)

30. Electric Vehicle (EV) Charging. At least 10 percent of the project parking spaces for residential parking shall have installed Level 2 (40 amp) electric vehicle (EV) charging stations, and at least 40 percent shall have installed low power Level 2 EV charging receptacles (20 amp), or any more stringent EV charging requirements as specified by the Berkeley Green Code (BMC Chapter 19.37). Required Level 2 charging stations and low power Level 2 EV charging receptacles shall be installed, maintained, and made available for building resident use. EV charging station installations, EV charging receptacles, and EV Capable spaces shall be noted on the construction plans. Public access parking spaces shall provide any applicable mandatory accessibility provisions. (Project required to meet applicable code at time of building permit application, if different from above.)

31. Water Efficient Landscaping. 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 (ETo) for Berkeley is 41.8.

32. 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 at [email protected].

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

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34. Affordable Housing Compliance Plan. The final Affordable Housing Compliance Plan (“AHCP”) must be certified by the Zoning Officer and the Department of Health, Housing, and Community Services prior to the issuance of Building Permit. Projects that receive approval from the Building Official for multiple phase construction permits must have the final AHCP certified prior to the issuance of the phase one building permit.

35. Below Market Rate Units. Nine Very-Low Income and nine Moderate Income Below Market Rate rental dwelling units (BMR Units) shall be provided in the project. All affordable units provided pursuant to Density Bonus Section of the permit findings shall be designated as BMR Units. All BMR units are required to comply with the stricter of the State Density Bonus Law (Government Code Section 65915) and BMC Section 23.328.030(A) Affordable Housing Requirements.

Summary table of project BMR units
Code
Section
Extremely-
Low Income
(30% AMI)
Very-Low
Income
(50% AMI)
Low Income
(80% AMI)
Moderate Income
(30% x 110% AMI)
BMC Chapter

23.328
(Inclusionary
Housing)
0 9 0 0
State Density
Bonus Law
(Gov. Code
Section
65915)
0 9 0 9

Total 0 9 0 9

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36. Regulatory Agreement. If BMR units are provided, the owner shall enter into a Regulatory Agreement that implements Government Code Section 65915, BMC Section 23.328.030, and other provisions for BMR units included in this Use Permit. The Regulatory Agreement may include any terms and affordability standards determined by the City to be necessary to ensure such compliance. The Regulatory Agreement will secure the property’s obligation to comply with the requirements for providing BMR units as defined by BMC Chapter

23.328 and State Density Bonus Law (Government Code Section 65915). The applicant shall submit the Regulatory Agreement to the Department of Health, Housing, and Community Services for review and approval. All BMR units are required to comply with the Regulatory Agreement and the BMR Administrative Guidelines. Regulatory Agreements must be executed prior to the issuance of Building Permit, or, in the case of projects that receive approval from the Building Official for multiple phase construction permits, prior to the issuance of the phase one building permit.

37. Payment of Affordable Housing In-Lieu Fee. The Affordable Housing In-Lieu Fee shall be paid as required by BMC Section 23.328.030(B) and Resolution 70,698 N.S. The fee for this project is $462,855, subject to proration to reflect affordable units provided. Any adjustments to the fee and the final fee amount will be determined prior to building permit issuance as part of the Affordable Housing Compliance Plan approval. The In-Lieu Fee shall be paid prior to the issuance of the first Certificate of Occupancy, or if no Certificate of Occupancy is required, prior to the final inspection of the Project. Nothing in these conditions shall be interpreted to prohibit, or to require modification of the Use Permit or Regulatory Agreement to allow, the provision of additional BMR units, or additional affordability, then are required in the foregoing provisions.

Prior to Dem
olition or Start of Construction:

38. Construction Meeting. The applicant shall request of the Zoning Officer an on-site meeting with City staff and key parties involved in the early phases of construction (e.g., applicant, general contractor, foundation subcontractors) to review these conditions and the construction schedule. The general contractor or applicant shall ensure that all subcontractors involved in subsequent phases of construction aware of the conditions of approval.

39. Transportation Construction Plan. The applicant and all persons associated with the project are hereby notified that a Transportation Construction Plan (TCP) may be required, particularly for the following activities:

Alterations, closures, or blockages to sidewalks, pedestrian paths or vehicle travel lanes (including bicycle lanes);
Storage of building materials, equipment, dumpsters, debris anywhere in the public ROW;
Provision of exclusive contractor parking on-street; or Significant truck activity.

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The TCP shall be consistent with any other requirements of the construction phase. A current copy of this Plan shall be available at all times at the construction site for review by City Staff.

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

During Construction:

41. Construction Hours. Construction activity shall be limited to between the hours of 7:00 AM and 6:00 PM on Monday through Friday, and between 9:00 AM and 4:00 PM on Saturday. No construction-related activity shall occur on Sunday or any Federal Holiday.

42. 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.

43. 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 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.

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

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

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

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

All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

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

Clear signage shall be provided for construction workers at all access points.

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

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

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

The project applicant shall prepare a health risk assessment that demonstrates the project’s on- site emissions of diesel particulate matter during construction will not exceed health risk screening criteria after a screening- level health risk assessment is conducted in accordance with current guidance from BAAD and OEHHA. The health risk assessment shall be submitted to the Land Use Planning Division for review and approval prior to the issuance of building permits; or
All construction equipment shall be equipped 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 Cal ifornia 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:

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

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

48. Avoid Disturbance of Nesting Birds. Initial site disturbance activities, including vegetation and concrete removal, shall be prohibited during the general avian nesting season (February 1 to August 30), if feasible. If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and activity status of any active nests on or adjacent to the project site. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the MBTA and CFGC, nesting bird surveys shall be performed not more than 14 days prior to scheduled vegetation and concrete removal.

In the event that active nests are discovered, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet for raptors) shall be established around such active nests and no construction shall be allowed inside the buffer areas until a qualified biologist has determined that the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on the nest). No ground-disturbing activities shall occur within this buffer until the qualified biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between August 31 and January 31.

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49. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction). Pursuant to CEQA Guidelines section 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” should be instituted. Therefore:

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

If any find is determined to be significant, representatives of the project proponent and/or lead agency and the qualified professional would meet to determine the appropriate avoidance measures or other appropriate measure, with the ultimate 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.

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

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

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

50. 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.

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51. 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.

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

53. 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:

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

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

Discharges to the sanitary sewer are subject to the review, approval and conditions of the City of Berkeley and EBMUD.

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

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

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G:\LANDUSE\Projects by Address\Virginia\2103-09\ZP2024-0066\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]\2025-09-11_ZAB_ATT 3_Conditions_2109 Virginia_Final.docx Design, location and maintenance requirements and schedules for any stormwater quality treatment structural controls shall be submitted to the Department of Public Works for review with respect to reasonable adequacy of the controls. The review does not relieve the property owner of the responsibility for complying with BMC Chapter

17.20 and future revisions to the City's overall stormwater quality ordinances. This review shall be shall be conducted prior to the issuance of a Building Permit.

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

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

All private or public projects that create and/or replace 5,000 square feet or more of impervious surface must comply with Provision C.3 of the Alameda County NPDES permit and must incorporate stormwater controls to enhance water quality. Permit submittals shall include a Stormwater Requirement Checklist and detailed informa tion showing how the proposed project will meet Provision C.3 stormwater requirements, including a) Site design measures to reduce impervious surfaces, promote infiltration, and reduce water quality impacts; b) Source Control Measures to keep pollutants out of stormwater runoff; c) Stormwater treatment measures that are hydraulically sized to remove pollutants from stormwater; d) an O & M (Operations and Maintenance) agreement for all stormwater treatment devices and installations; and e) Engineering calculations for all stormwater devices (both mechanical and biological). (Project required to meet applicable code at time of building permit application, if different from above.)
All on-site storm drain inlets must be labeled “No Dumping – Drains to Bay” or equivalent using methods approved by the City.

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

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

Accumulated waste water that may contribute to the pollution of stormwater must be drained to the sanitary sewer or intercepted and pretreated prior to 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.

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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.

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

55. 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.

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

57. 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.

58. 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.

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

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

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

62. All landscape, site and architectural improvements shall be completed per the attached approved drawings received July 9, 2025.

63. Transportation Demand Management. Prior to issuance of a Certificate of Occupancy, the property owner shall facilitate a site inspection by Land Use Division staff to confirm that the physical improvements required in BMC Sections 23.334.030(C) and 23.322.090 (bike parking) have been installed. A Parking and Transportation Demand Management (PTDM) compliance report documenting that the programmatic measures required in BMC Sections 23.334.030(C) and 23.322.090 are implemented shall be submitted to the Land Use Division prior to occupancy, and on an annual basis thereafter, which demonstrates that the project is compliant with the applicable requirements in these sections.

Consistent with BMC Section 23.334.030(A), all parking spaces provided for residents be leased or sold separate from the rental or purchase of dwelling units for the life of the dwelling units. The property owner shall notify all residents of this restriction in leases and/or contracts, and shall provide sample leases and/or contracts including such notification to the project planner prior to issuance of Certificate of Occupancy or final inspection.

Consistent with BMC Section 23.334.030(B), at least one of the following transit benefits shall be offered, at no cost to the resident, for a period of ten years after the issuance of a Certificate of Occupancy. A notice describing these transportation benefits shall be posted in a location or locations visible to all residents. i. One monthly pass for unlimited local bus transit service for every bedroom in each dwelling unit.
ii. Subject to the review and approval of the Zoning Officer in consultation with the Tr
ansportation Division Manager, a functionally equivalent transit benefit in an amount at least equal to the price of a non-disc
ounted unlimited adult monthly
pass for unlimited local bus transit service monthly local bus pass.

Consistent with BMC Section 23.334.030(C), publicly-available, real-time transportation information in a common area, such as a lobby or elevator bay, on televisions, computer monitors or other displays readily visible to residents and/or visitors, shall be provided.

Transportation information shall include, but is not limited to, transit arrivals and departures for nearby transit routes.

Property owners may be required to pay administrative fees associated with compliance with this Condition.

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

65. Transportation Demand Management Compliance. A Transportation Demand Management compliance report shall be submitted to the Zoning Officer, on a form acceptable to the City, prior to occupancy, and on an annual basis for ten years thereafter, which demonstrates that the project complies with the applicable requirements. After three years of timely compliant submittals, staff has the option to accept less frequent submittals (minimum one every three years). Property owners may be required to pay administrative fees associated with compliance with this Condition, pursuant to BMC Section

23.334.040(B).

66. 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.

67. Rooftop Projections. No additional rooftop or elevator equipment shall be added to exceed the approved maximum roof height without submission of an application for a Use Permit Modification, subject to Board review and approval.

68. Design Review. Signage and any other exterior modifications, including but not limited to landscaping and lighting, shall be subject to Design Review approval.

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

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

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

72. Residential Permit Parking. No Residential Permit Parking (RPP) permits shall be issued to project residents, nor shall commercial placards be issued to non-residential occupants and/or users of the site. The Finance Department, Customer Service Center shall add these addresses to the list of addresses ineligible for RPP permits. The property owner shall notify all tenants of rental units, and/or buyers of condominium units, of this restriction in leases and/or contracts.

73. Required Bike Parking. Secure and on-site bike parking for at least 64 bicycles (59 residential long-term, 4 residential short-term, and 1 commercial) shall be provided for the life of the building.

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

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75. Nonresidential Electric Vehicle (EV) Charging. Required Level 2 charging stations and DC Fast Charge stations, as specified by the Berkeley Green Code (BMC Chapter 19.37) shall be maintained in good working condition and made available for building occupant and/or visitor use. (Project required to meet applicable code at time of building permit application, if different from above.)

76. Tenant Notification. The developer shall provide tenant notification, via a lease rider or deed covenant, that each dwelling unit is located in a mixed-use area that includes commercial, food service, and entertainment uses, and that each occupant shall not seek to impede their lawful operation.

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Berkeley City CouncilFebruary 10, 2026

Berkeley City Council
February 10, 2026