Agenda packet, first session — Berkeley City Council, February 23, 2026 (part 4 of 8)

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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 Southside Area Plan Mitigation Monitoring and Reporting Program (Staff Report Attachment 6). 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.

Item 6B, Attachment 3
ZAB 2025-10-09

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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 Ov ersight Program (LOP). Clearance from one of these regulatory agencies will ensure that the property meets development investigation and cleanup standards for the specific use proposed on the property.

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

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

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ii. procedures to manage odors, dust and other potential nuisance conditions expected during development;
iii. notification to TMD within 24 hours of the discovery of any previously undiscovered contamination; and
iv. the name and phone number of the individual responsible for implementing the SGMP and who will respond to community questions or complaints.

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

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 issuanc e 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.

Item 6B, Attachment 3
ZAB 2025-10-09

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Hazardous Materials Business Plan. A Hazardous Materials Business Plan (HMBP) in compliance with BMC Section 15.12.040 and California Health & Safety Code, Chapter

6.95 Div. 20, shall be submitted to the Toxics Management Division through the California Environmental Reporting System: http://cers.calepa.ca.gov/ for chemicals used or stored on site during construction that exceed reporting thresholds. The reporting is required if your facility stores or handles hazardous materials in aggregate quantities equal to or greater than 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet of compressed gases, or generates any quantity of hazardous waste. This includes welding gases, emergency generator fuel, paints, etc.

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

Petroleum Storage. An (SPCC) Plan is required to be prepared and implemented for facilities with any one of the following:
i. aggregate aboveground petroleum storage capacities of 1,320 gallons or more stored in aboveground storage containers, tanks, oil-filled equipment, or ii. one or more tank(s) in an underground area (TIUGA) with petroleum storage capacities of 55 gallons or greater. More information on TIUGAs can be found here: https://osfm.fire.ca.gov/divisions/pipeline-safety-and-cupa/certified- unified-program-agency-cupa/aboveground-petroleum-storage-act/tank-in-an- underground-area-tiuga/
The SPCC plan must be prepared prior to beginning operations and you must submit facility information to Toxics Management Division (TMD) through the California 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. 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.

26. 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.

Item 6B, Attachment 3
ZAB 2025-10-09

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27. 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.)

28. 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].

29. 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.

AFFORDABLE HOUSING REQUIREMENTS – RESIDENTIAL PROJECTS

30. 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.

31. Below Market Rate Units. 6 Extremely Low-Income (ELI), 7 Very Low-Income (VLI), and 6 Low-Income (LI) and 13 Moderate Income (MI) Below Market Rate rental dwelling units (BMR Units) shall be provided in the project. All affordable units provided pursuant to the 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), BMC Section 23.328.030(A) Affordable Housing Requirements and BMC Section 23.326.030 Elimination if Dwelling Units through Demolition. All affordable units provided as replacement units pursuant to Section I.V, Demolition, of the permit findings, shall be designated as BMR Units. Any Extremely Low-Income replacement units provided shall be classified as Very-Low Income units to fulfill State Density Bonus Law.

Item 6B, Attachment 3
ZAB 2025-10-09

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Affordability
Level
Proposed Below Market Rate (BMR) Units Covering
All Replacement Requirements

Total BMR
units in the
project
State
Density
Bonus
Law (Gov.

Code
Section
65915)

BMC Chapter

23.328
(Inclusionary
Housing)
BMC Chapter

23.326
(Demolition)
State Bill
330/CHAS
Extremely
Low-Income
(30% AMI)
- - - 6 6*
Very Low-
Income (50%
AMI)
13 13 10 3 7*
Low-Income
(80% AMI)
- 6 9 3 6
Moderate-
Income (x%)
13 - - - 13**1
Total 32

*These units must satisfy all but not limited to equivalency, size, unit distribution and affordability in perpetuity requirements under the Inclusionary and Demolition Ordinances
**1 These units must be affordable for 55 years and satisfy equivalency requirements per the State Density Bonus law.

Item 6B, Attachment 3
ZAB 2025-10-09

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32. 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.

33. 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 $0[zero] 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.

34. Tenant Protection Conditions:

A. First Right of Refusal. Pursuant to BMC 23.326.030(E)(4)(a), any tenant of a Protected Unit that is permitted to be demolished shall have the right of first refusal to rent a Comparable Unit in the new project. Prior to building permit issuance, the applicant shall provide documentation that confirms that previous tenants have been made aware of their right of first refusal in the new building.

B. Sitting Tenants Rights. Pursuant to BMC 23.326.030(E)(4)), ((b) In the event that a displaced household is ineligible for below-market rate replacement units, a market rate Comparable Unit shall be made available to that household at the same rent as had been previously charged, or a lesser rent if that is the market rate. (c) Where a displaced tenant exercises the right to rent a Comparable Unit, any increase in rent for the Comparable Unit for the duration of their tenancy shall be no greater than the lesser of 65% of the increase in the Consumer Price Index for All Urban Consumers (CPI-U) in the San Francisco-Oakland-San Jose region (as reported and published by the U.S.

Department of Labor, Bureau of Labor Statistics for the twelve-month period ending the previous December 31) or 65% of the corresponding increase in Area Median Income (AMI) for the same calendar years.

Item 6B, Attachment 3
ZAB 2025-10-09

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C. Rental Rate – Known Income. Pursuant to 23.326.030(D)(1), in the event that a displaced household has an income below 50 percent AMI, a Comparable Unit shall be offered at a rent that is affordable to households at 30 percent of AMI, and the displaced household shall have the first right of refusal for that unit. Such a Comparable unit shall be counted as a Very Low- Income unit for applicable affordability requirements in Chapter 23.328. Prior to building permit issuance, the applicant shall, for previous tenants whose income is known that have accepted a tenancy in the new building, provide documentation confirming the rental rate of their unit in the and supporting documents that verify tenant income.

D. Rental Rate – Unknown Income. Pursuant to BMC 23.326.030(D)(3), in the event the income level of the displaced household is unknown, the unit shall be replaced as an Affordable Unit per BMC Section 23.328.020 – a unit that is affordable in perpetuity as a Very Low-Income or Lower -Income Unit. Prior to building permit issuance, the applicant shall, for previous tenants whose income is unknown that have accepted a tenancy in the new building, provide documentation confirming the rental rate of their unit.

E. Prior Rental Rate. Pursuant to Government Code Section 66300.6(b)(3), any existing residents will be allowed to occupy their units until six months before the start of construction activities with proper notice and, if compelled to leave, shall be allowed to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market.

F. Requirement for Relocation Expenses. Pursuant to BMC 23.326.030(E)(3) the applicant shall provide moving and relocation assistance equivalent to the requirements set forth in Municipal Code Chapter 13.84 (Relocation Services and Payments for Residential Tenant Households) or Government Code section 66300.6(b)(4)(A), whichever requires greater relocation assistance to displaced tenants, and shall not be subject to the limitations in section

13.84.070.B.3(a). The applicant shall subsidize the rent differential for a comparable replacement unit, in the same neighborhood if feasible, until new units are ready for occupancy.

Within five days of the issuance of the Certificate of Occupancy, tenants shall be notified in writing that the units will be ready for move-in on a specified date. Tenants shall confirm in writing their intent to lease the available unit at any time before 20 days after the issuance of the Certificate of Occupancy. Funding for the rent differential shall be guaranteed in a manner approved by City Council Resolution; provided, however, that any project that is carried out or funded by the state or federal government shall be subject to applicable provisions of the California Relocation Act (Government Code section 7260 et seq.) and/or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. sections 4601- 4655). The Requirements for Relocation Expenses do not apply to tenants who move in after the application for demolition is submitted to the City if the owner informs each prospective tenant about the proposed demolition and that demolition constitutes good cause for eviction unless otherwise required by California law.

G. Rental Registry. Prior to issuance of a Certificate of Occupancy register all the new units with forms provided by the Rent Stabilization Board. Provide confirmation from the Rent Stabilization Board ([email protected]) that the new units have been registered.

Item 6B, Attachment 3
ZAB 2025-10-09

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Prior to Demolition or Start of Construction:

35. 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.

36. 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.

Please contact the Office of Transportation at (510) 981-7010, or 1947 Center Street, and ask to speak to a traffic engineer. In addition to other requirements of the Traffic Engineer, this plan shall include the locations of material and equipment storage, trailers, worker parking, a schedule of site operations that may block traffic, and provisions for traffic control. The TCP shall be stamped and signed by a registered engineer prior to submittal.

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.

37. 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:

38. Construction Hours. Construction activity shall be limited to between the hours of 8:00 AM and 6:00 PM on Monday through Friday, and between 9:00 AM and Noon on Saturday.

No construction-related activity shall occur on Sunday or any Federal Holiday.

39. 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.

Item 6B, Attachment 3
ZAB 2025-10-09

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40. 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.

41. 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:

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

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

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

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

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

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

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.

42. 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:

Item 6B, Attachment 3
ZAB 2025-10-09

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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:
i. An equipment inventory summarizing the type of off-road equipment required for each phase of construction, including the equipment manufacturer, equipment identification number, engine model year, engine certification (tier rating), horsepower, and engine serial number. For all VDECS, the equipment inventory shall also include the technology type, serial number, make, model, manufacturer, CARB verification number level, and installation date. ii. A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of contract. The Emissions Plan shall be submitted to the Public Works Department for review and approval prior to the issuance of building permits.

43. 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.

44. 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.) Item 6B, Attachment 3
ZAB 2025-10-09

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45. 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.

46. 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 in stituted. Work may proceed on other parts of the project site while mitigation measures for cultural resources is carried out.

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

Item 6B, Attachment 3
ZAB 2025-10-09

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2425 DURANT AVENUE- USE PERMIT #ZP2024-0162 USE PERMIT CONDITIONS October 9, 2025 Page 20 of 24

File location: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

47. 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.

48. 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.

49. 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.

50. 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.

Item 6B, Attachment 3
ZAB 2025-10-09

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2425 DURANT AVENUE- USE PERMIT #ZP2024-0162 USE PERMIT CONDITIONS October 9, 2025 Page 21 of 24

File location: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

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

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

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

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

Design, location and maintenance requirements and schedules for any stormwater 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 information 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 w ater 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 sto rmwater 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.

Item 6B, Attachment 3
ZAB 2025-10-09

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2425 DURANT AVENUE- USE PERMIT #ZP2024-0162 USE PERMIT CONDITIONS October 9, 2025 Page 22 of 24

File location: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

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 stor m drain system. The property owner shall ensure that BMPs are implemented to prevent potential stormwater pollution. These BMPs shall include, but are not limited to, a regular program of sweeping, litter control and spill cleanup.

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

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

51. 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.

52. 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.

53. 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.

54. 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.

55. 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.

56. 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.

Item 6B, Attachment 3
ZAB 2025-10-09

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2425 DURANT AVENUE- USE PERMIT #ZP2024-0162 USE PERMIT CONDITIONS October 9, 2025 Page 23 of 24

File location: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

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

Prior to Final Inspection or Issuance of Occupancy Permit:

58. Compliance with Conditions and Environmental Mitigations. 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. Occupancy is subject to verification of compliance to the Mitigation Monitoring and Reporting Program.

59. All landscape, site and architectural improvements shall be completed per the attached approved drawings dated April 11, 2025.

60. Percent for Public Art. Consistent with BMC Section 23.316, the applicant shall either pay the required in-lieu fee or provide the equivalent amount in a financial guarantee to be released after installation of the On-Site Publicly Accessible Art.

61. 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(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.

At All Times:

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

Item 6B, Attachment 3
ZAB 2025-10-09

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2425 DURANT AVENUE- USE PERMIT #ZP2024-0162 USE PERMIT CONDITIONS October 9, 2025 Page 24 of 24

File location: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

63. 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).

64. 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.

65. 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 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.

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

67. 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.

68. 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.

69. Required Bike Parking. Secure and on-site bike parking for at least 72 Long-Term and 8 Short-Term bicycles shall be provided for the life of the building.

Item 6B, Attachment 3
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XX SQ. FT.
1 2 3
4 A6.1
A
1 ROOM

IDENTIFICATION

WALL OR

FLOOR TAG
ALIGN
WINDOW
TAG
DOOR
TAG
GRID
LINES

PROPERTY
LINE

SEE KEYNOTE
LEGEND

ROOM NUMBER

ROOM NAME

SEE PARTITION

SCHEDULE

KEYNOTE
SYMBOL

CENTERLINE

REVISION

SECTION

DRAWING
NUMBER

SHEET NUMBER

WINDOW TYPE
DOOR

NUMBER ELEVATION

SHEET NUMBER

ELEVATION
NUMBER

CALL-OUT

SHEET NUMBER

DETAIL NUMBER
FLOOR

TRANSITION CEILING TAG

DOOR TYPE

CLOUD DENOTES

REVISED AREA
APPROX. AREA
LOBBY
001
11 11 00.1

CEILING TYPE

HEIGHT ABOVE

FINISH FLOOR
ADA

ADA-COMPLIANT
HARDWARE REQ.
2 C1
A6.1
4 A3.1
5 B1
201
B1
C1
9'-0"
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Date
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1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
12" = 1'-0"
24001
2425 Durant Ave Housing
01/31/2025
A0.0

GENERAL

INFORMATION

PROJECT DESCRIPTION

DRAWING LIST

LOCATION MAP
PROJECT ADDRESS:
2425 DURANT AVE, BERKELEY, CA 94704
APN: 55-1878-7-1
SCOPE OF WORK:

REMOVAL OF ALL EXISTING STRUCTURES AND NEW CONSTRUCTION OF A 20 STORY HOUSING DEVELOPMENT WITH 169 DWELLING UNITS, WITH STATE OF CALIFORNIA DENSITY BONUS.

BUILDING SUMMARY:

CONSTRUCTION TYPE: TYPE I
OCCUPANCY: RESIDENTIAL GROUP R-2
PROJECT SPONSOR:
2425 DURANT AVENUE LLC
DESIGN ARCHITECT:

YES COMMUNITY ARCHITECTS INC
1250 ADDISON ST UNIT 105
BERKELEY CA 94702
(510)214-3676
[email protected]
DEVELOPMENT CONSULTANT:

RHOADES PLANNING GROUP
2140 SHATTUCK AVE SUITE 705
BERKELEY CA 94704
(510)545-4341
GENEVA HESNER [email protected]
MARK RHOADES [email protected]
CIVIL ENGINEER:

SANDIS
636 9TH ST, OAKLAND, CA 94607
408.636.0900
WWW.SANDIS.NET
LANDSCAPE ARCHITECT:

NICOLAUS WRIGHT
513 CLAYTON AVE.

EL CERRITO, CA 94530
503.754.7078

CONCEPTUAL VIEW LOOKING UP DURANT AVE
2425

BANCROFT WAY

DURANT AVE

TELEGRAPH AVE

DANA ST
A0.0 GENERAL INFORMATION
A0.1 ZONING CODE DATA
A0.2 DENSITY BONUS TABLE
A0.2A BASE PROJECT DIAGRAMS
A0.2B DENSITY BONUS + OPEN SPACE DIAGRAMS
A0.2C AFFORDABLE HOUSING COMPLIANCE PLAN
A0.3A SHADOW STUDIES - OCT 21
A0.3B SHADOW STUDIES - JUN 21
A0.3C SHADOW STUDIES - DEC 21
A0.4 SITE PHOTOGRAPHS
A0.5 SOUTHSIDE CONTEXT MAP
A1.0 SURVEY / EXISTING SITE PLAN
A1.1 SITE PLAN
A2.0 FLOOR PLAN - BASEMENT LEVEL
A2.1 FLOOR PLAN - LEVEL 1 & 2
A2.2 FLOOR PLAN - TYPICAL RESIDENTIAL LEVEL L3 - L7
A2.3 FLOOR PLAN - AMENITY LEVELS L8, L13, L17
A2.4 FLOOR PLAN - TYPICAL RESIDENTIAL LEVEL L9-L12, L14-L16, L18-L19 A2.5 FLOOR PLAN - LEVEL 20 & ROOF
A3.1 BUILDING ELEVATIONS
A3.2 BUILDING ELEVATIONS
A3.3 SECTION DRAWINGS
A3.4 STREET STRIP ELEVATION
A3.5 PERSPECTIVE RENDERINGS
A3.6 PERSPECTIVE RENDERINGS
A3.7 PHOTO SIMULATIONS
A3.8 PHOTO SIMULATIONS
A3.9 BIRD SAFETY EXTERIOR DIAGRAMS
A3.10 BIRD SAFETY EXTERIOR DIAGRAMS
C0.1 TOPOGRAPHIC SURVEY
C1.0 SITE, GRADING, AND UTILITY PLAN
C2.0 STORMWATER MANAGEMENT PLAN
C2.1 STORMWATER SUPPLEMENTAL FORMS
C2.2 STORMWATER SUPPLEMENTAL FORMS
L1.0 LANDSCAPE SITE PLAN

CODE COMPLIANCE
THE PROPOSED PROJECT SHALL COMPLY WITH THE 2022 CALIFORNIA BUILDING, RESIDENTIAL,

MECHANICAL, ELECTRICAL, PLUMBING, ENERGY, FIRE, EXISTING AND GREEN BUILDING STANDARDS CODE AS AMENDED BY THE CITY OF BERKELEY, AS APPLICABLE.

THE PROPOSED PROJECT IS DESIGNED TO COMPLY WITH THE BERKELEY ENERGY CODE (BMC CHAPTER 19.36) AND BERKELEY GREEN CODE (BMC CHAPTER 19.37) 12" = 1'-0"1 SYMBOL LEGEND
Item 6B, Attachment 4
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ZONING CODE
DATA
ROOFTOP MECHANICAL AREA MAY NOT EXCEED 15% OF THE AVERAGE FLOOR AREA OF ALL THE

BUILDING'S STORIES REQUEST FOR DB WAIVER COMPLIES W/ DB WAIVER LANDSCAPED OPEN SPACE MIN. 40% OF REQ'D USABLE OPEN
SPACE 1,200 PROVIDED 0 COMPLIES W/ DB WAIVER
USABLE OPEN SPACE MIN. 40 SF PER 1000 SF OF RFA 3,400 1,012 COMPLIES W/ DB WAIVER PARKING NONE REQUIRED 0 0 COMPLIES
REAR 4 FT. 4 FT. VARIES (0' TO 5') COMPLIES W/ DB WAIVER SIDE NO MIN. VARIES (3'-6" TO 4'-6") VARIES (5' TO 11') COMPLIES FRONT NO MIN. 0' VARIES (0' TO 8'-11") COMPLIES

SETBACKS
FOOTPRINT <9,750 PER LOT COVERAGE 7,581 8,334 COMPLIES
LOT COVERAGE 100% MAX 78% 85% COMPLIES
HEIGHT - STORIES N/A 9 20 COMPLIES
HEIGHT - FEET 85' 84'-6" 208' COMPLIES W/ DB WAIVER
GROSS FLOOR AREA 68,250 68,170 148,940 COMPLIES
RESIDENTIAL FLOOR AREA N/A 65,869 130,972 COMPLIES
FLOOR AREA RATIO (FAR) 7 MAX 6.99 15.28 COMPLIES W/ DB WAIVER TOTAL LOT SIZE (ACRES) .223 AC COMPLIES
TOTAL LOT SIZE (SQFT) 9,750 COMPLIES

ZONING R-SMU COMPLIES

BASE ZONING ALLOWABLE /

REQUIRED BASE PROJECT PROPOSED W/ DENSITY BONUS ZONING COMPLIANCE

ZONING SUMMARY TABLE

WAIVER REQUEST

COMPLIES
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DENSITY BONUS
TABLE
Item 6B, Attachment 4
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7029 SF
Base Project Level 1
984 SF

ON GRADE

LANDSCAPED

OPEN SPACE

COURTYARD

WITH TREE
75'-0"
76'-6" 32'-0" 17'-6" 4'-0"

MECHANICAL (EXCLUDED FROM RFA)
35'-0"
18'-0"
4'-6"

LOBBY /
MAIL/

AMENITY
SPACE
12 3
4 5
4'-0"88'-4"37'-8"
3'-6"
17'-0"
RES.

AMENITY
SPACE
SHORT TERM BICYCLE PARKING (4 SPACES) IN PUBLIC RIGHT OF WAY 7355 SF
Base Project Level 6
4647
48 49
50 51
52 53
54 55
7355 SF
Base Project Level 2
67 8
9 10 11
12 13
14 15
7355 SF
Base Project Level 7
5657
58 59
60 61
62 63
64 65
7355 SF
Base Project Level 3
1617
18 19
20 21
22 23
24 25
7355 SF
Base Project Level 8
6667
68 69
70 71
72 73
74 75
7355 SF
Base Project Level 4
2627
28 29
30 31
32 33
34 35
7355 SF
Base Project Level 9
77 78
79 80 81
82 83
84 85
76 7355 SF
Base Project Level 5
3637
38 39
40 41
42 43
44 45
2200 SF

ROOF DECK
OPEN
SPACE
43'-0"

UTILITIES ON ROOF
13'-0"

EXTERIOR

OPEN AIR
STAIR
52'-4"
22'-5"
216 SF

LANDSCAPED

OPEN SPACE

LOWEST GRADE
84' - 6"
LEVEL 1
LEVEL 2
LEVEL 3
LEVEL 4
LEVEL 5
LEVEL 6
LEVEL 7
LEVEL 8
LEVEL 9

ROOF DECK
TYP.
9' - 0"

BASEMENT LEVEL
(FINISHED GRADE)

MECHANICAL

BIKE PARKING
42 LONG TERM

SPACES PROVIDED
TRASH

MECHANICAL
*MECHANICAL

EXCLUDED FROM GFA

COUNT WHEN BELOW

FINISHED GRADE
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ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
1" = 20'-0"
24001
2425 Durant Ave Housing
01/31/2025
A0.2A

BASE PROJECT

DIAGRAMS
1" = 20'-0"2 LEVEL 1
1" = 20'-0"7 LEVEL 6
1" = 20'-0"3 LEVEL 2
1" = 20'-0"8 LEVEL 7
1" = 20'-0"4 LEVEL 3
1" = 20'-0"9 LEVEL 8
1" = 20'-0"5 LEVEL 4
1" = 20'-0"10 LEVEL 9
1" = 20'-0"6 LEVEL 5 1" = 20'-0"11 ROOF
1" = 20'-0"12 BASE PROJECT SECTION
1" = 20'-0"1 BASEMENT LEVEL
Item 6B, Attachment 4
ZAB 2025-10-09

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2518 SF
L2 Area
3383 SF
L1 Area
6672 SF
L8 Area
7088 SF
L3 Area
5726 SF
L20 Area
1012 SF

OPEN SPACE
6769 SF
L13 Area
0 16 32 64
1012 SF

OPEN SPACE
25'-10"
38'-5"
23'-2"
17'-10"20'-7"

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2

BASEMENT
Roof

ELEVATOR ROOF

AMENITY

ROOF DECK

OPEN SPACE

AMENITY

AMENITY
LOBBY
6'-0"
TYP.
10' - 0" 190' - 0" 8' - 0"
FFE: 247.0
15' - 0"
1" = 20'-0"8 L20 - OPEN SPACE DIAGRAM
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ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A0.2B

DENSITY BONUS
+ OPEN SPACE

DIAGRAMS
1" = 20'-0"2 L2
1" = 20'-0"1 L1
1" = 20'-0"4 L8 + L17
1" = 20'-0"3 L3-L7, L9-L12, L14-L16, L18-L19
1" = 20'-0"6 L20
1" = 20'-0"5 L13
1" = 20'-0"7 ROOF
3/64" = 1'-0"9 PROPOSED DENSITY BONUS SECTION

OPEN SPACE DIAGRAM
1" = 20'-0"10 Basement
Item 6B, Attachment 4
ZAB 2025-10-09

Page 5 of 35 ends

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Page 379 ends

0 16 32 64

DIAGONAL HATCH INDICATES

RESIDENTIAL UNIT FLOOR AREA

GREY TONE INDICATES
MISC.

CROSSHATCH INDICATES

RESIDENTIAL AMENITIES
7029 SF
Base Project Level 1
1200 SF

ON GRADE

COURTYARD

WITH TREE
75'-0"
76'-6" 32'-0" 17'-6" 4'-0"

MECHANICAL (NOT INCLUDED)
35'-0"
18'-0"
4'-6"
12 3
4 5
4'-0"88'-4"37'-8"
3'-6"
17'-0"

LOBBY /

AMENITY
SPACE

BIKE PARKING
LOUNGE
72 LONG TERM
SPACES
8 SHORT TERM
SPACES
7355 SF
Base Project Level 6
5647
48 49
50 51
52 53
54 55
7355 SF
Base Project Level 2
67 8
9 10 11
12 13
14 15
7355 SF
Base Project Level 7
6657
58 59
60 61
62 63
64 65
7355 SF
Base Project Level 3
1617
18 19
20 21
22 23
24 25
7355 SF
Base Project Level 8
7667
68 69
70 71
72 73
74 75
7355 SF
Base Project Level 4
3627
28 29
30 31
32 33
34 35
7355 SF
Base Project Level 9
77 78
79 80 81
82 83
84 85
7355 SF
Base Project Level 5
4637
38 39
40 41
42 43
44 45
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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A0.2C

AFFORDABLE

HOUSING

COMPLIANCE
PLAN
1" = 20'-0"1 LEVEL 1
1" = 20'-0"2 LEVEL 2
1" = 20'-0"3 LEVEL 3
1" = 20'-0"4 LEVEL 4
1" = 20'-0"5 LEVEL 5
1" = 20'-0"6 LEVEL 6
1" = 20'-0"7 LEVEL 7
1" = 20'-0"8 LEVEL 8
1" = 20'-0"9 LEVEL 9
TOTAL NUMBER OF RESIDENTIAL UNITS IN BASE PROJECT:
5+10+10+10+10+10+10+10+10= 85 BASE PROJECT RES. UNITS
TOTAL RUFA IN THE BASE PROJECT:
3,336.45+6778.15+6778.15+6778.15+6778.15+6778.15+6778.15+6778.15+6778.15 =57,561 SF RUFA AREA:
636.13
1099.48
461.59
597.58
541.67

RESIDENTIAL
UNIT
FLOOR AREA:
3336.45 SF
RUFA AREA:
1189.51
1196.25
461.59
597.58
541.67
540.72
473.21
567.85
576.58
633.19

RESIDENTIAL
UNIT
FLOOR AREA:
6778.15 SF
RUFA AREA:
1189.51
1196.25
461.59
597.58
541.67
540.72
473.21
567.85
576.58
633.19

RESIDENTIAL
UNIT
FLOOR AREA:
6778.15 SF
Item 6B, Attachment 4
ZAB 2025-10-09

Page 6 of 35 ends

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Page 380 ends

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

NEW SHADOW AT RESIDENTIAL BUILDING

ALL BUILDINGS SHADOWED ARE SHOWN ON THE DIAGRAM
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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A0.3A
SHADOW

STUDIES - OCT
21 DURANT AVE
SHADOW STUDY - OCT 21: NOON
SHADOW STUDY - OCT 21: 2 HRS BEFORE SUNSET

BANCROFT WAY TELEGRAPH AVE
SHADOW STUDY - OCT 21: 2 HRS AFTER SUNRISE
2419
DURANT
(RESIDENTIAL)
2400

BANCROFT
(RESIDENTIAL)
2428

BANCROFT
(RESIDENTIAL)
2301

TELEGRAPH
(RESIDENTIAL)
2328

TELEGRAPH
(RESIDENTIAL)
2580

BANCROFT
(RESIDENTIAL)
2468 BANCROFT
(RESIDENTIAL)
2468 BANCROFT
(RESIDENTIAL)
2480 BANCROFT
(RESIDENTIAL)
2454

BANCROFT
(RESIDENTIAL)

DURANT AVE

BANCROFT WAY

TELEGRAPH AVE

DURANT AVE

BANCROFT WAY

TELEGRAPH AVE

DANA ST

CHANNING WAY

DANA ST

CHANNING WAY

DANA ST

CHANNING WAY
Item 6B, Attachment 4
ZAB 2025-10-09

Page 7 of 35 ends

Page 155 of 214 ends

Page 381 ends

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

NEW SHADOW AT RESIDENTIAL BUILDING

ALL BUILDINGS SHADOWED ARE SHOWN ON THE DIAGRAM
0 16 32 64
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Date
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Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A0.3B
SHADOW

STUDIES - JUN
21 SHADOW STUDY - JUN 21: NOON
SHADOW STUDY - JUN 21: 2 HRS BEFORE SUNSET
SHADOW STUDY - JUN 21: 2 HRS AFTER SUNRISE
2419
DURANT
(RESIDENTIAL)
2400

BANCROFT
(RESIDENTIAL)
2417
DURANT
(RESIDENTIAL)
2411
DURANT
(RESIDENTIAL)

DURANT AVE

BANCROFT WAY TELEGRAPH AVE

DANA ST

CHANNING WAY

DURANT AVE

BANCROFT WAY TELEGRAPH AVE

DANA ST

CHANNING WAY

DURANT AVE

BANCROFT WAY TELEGRAPH AVE

DANA ST

CHANNING WAY
2328

TELEGRAPH
(RESIDENTIAL)
2428

BANCROFT
(RESIDENTIAL)
2419
DURANT
(RESIDENTIAL)
2417
DURANT
(RESIDENTIAL)
Item 6B, Attachment 4
ZAB 2025-10-09

Page 8 of 35 ends

Page 156 of 214 ends

Page 382 ends

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

NEW SHADOW AT RESIDENTIAL BUILDING

ALL BUILDINGS SHADOWED ARE SHOWN ON THE DIAGRAM
0 16 32 64
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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A0.3C
SHADOW

STUDIES - DEC
21 SHADOW STUDY - DEC 21: NOON
SHADOW STUDY - DEC 21: 2 HRS BEFORE SUNSET
SHADOW STUDY - DEC 21: 2 HRS AFTER SUNRISE
2419
DURANT
(RESIDENTIAL)
2400

BANCROFT
(RESIDENTIAL)
2428

BANCROFT
(RESIDENTIAL)

DURANT AVE

BANCROFT WAY

TELEGRAPH AVE

DURANT AVE

BANCROFT WAY

TELEGRAPH AVE
2454

BANCROFT
(RESIDENTIAL)
2460 BANCROFT
(RESIDENTIAL)
2468 BANCROFT
(RESIDENTIAL)

DURANT AVE

BANCROFT WAY TELEGRAPH AVE

DANA ST

CHANNING WAY

DANA ST

CHANNING WAY

DANA ST

CHANNING WAY
Item 6B, Attachment 4
ZAB 2025-10-09

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Sheet No.
1 2
3 YES COMMUNITY

PHOTOGRAPHS
2425 DURANT AVE

PROJECT SITE
2419 DURANT AVE
4-STORY RESIDENTIAL
2433 DURANT AVE
2-STORY COMMERCIAL
2439 DURANT AVE
2-STORY COMMERCIAL
2344 TELEGRAPH AVE
4-STORY MIXED-USE
2400 DURANT AVE
9-STORY RESIDENTIAL
2400 DURANT AVE
9-STORY RESIDENTIAL
2401 DURANT AVE
8-STORY RESIDENTIAL
2411 DURANT AVE
3-STORY RESIDENTIAL
2417 DURANT AVE
2-STORY RESIDENTIAL
2419 DURANT AVE
4-STORY RESIDENTIAL
2425 DURANT AVE

PROJECT SITE
2433 DURANT AVE
2-STORY COMMERCIAL
2425 DURANT AVE

PROJECT SITE

VIEW FROM DURANT LOOKING WEST VIEW FROM DURANT LOOKING EAST

BIRD'S EYE VIEW
Item 6B, Attachment 4
ZAB 2025-10-09

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Date
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JO
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Sheet No.
1 2
3 YES COMMUNITY

SOUTHSIDE
CONTEXT MAP2300 ELLSWORTH
2350 TELEGRAPH
2530 BANCROFT
2462 BANCROFT
2480 BANCROFT

UNDER CONSTRUCTION

PEOPLE'S PARK

HOUSING
2302 CHANNING
2298 DURANT
2425 DURANT (SITE)
2435 HASTE
2442 HASTE
2587 TELEGRAPH
UNDER

CONSTRUCTION
2660 - 2680 BANCROFT

FUTURE SOUTHSIDE PROJECTS

CHANNING WAY

DURANT AVE

HASTE ST

BANCROFT WAY

TELEGRAPH AVE

CAMPANILE
Item 6B, Attachment 4
ZAB 2025-10-09

Page 11 of 35 ends

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Page 385 ends

0 16 32 64

EXISTING BUILDING
1472 SF FOOTPRINT EXISTING BUILDING
2000 SF FOOTPRINT

EXISTING BUILDING
810 SF FOOTPRINT
2'-10"
2'-1"
14'-10"
H

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Description
Drawing Title
Project No.

Date
Drawn by
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JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A1.0

SURVEY /

EXISTING SITE
PLAN
3/32" = 1'-0"2 SURVEY / EXISTING SITE PLAN
Item 6B, Attachment 4
ZAB 2025-10-09

Page 12 of 35 ends

Page 160 of 214 ends

Page 386 ends

5'-4"
7'-0"

EXISTING BUILDING
2-STORY COMMERCIAL

NO NEW WORK
2433 DURANT AVE

EXISTING BUILDING
3-STORY COMMERCIAL

NO NEW WORK

EXISTING BUILDING
4-STORY RESIDENTIAL

NO NEW WORK
2419 DURANT AVE

EXISTING BUILDING
2-STORY COMMERCIAL

NO NEW WORK
7'-6"
6'-6"
130'-0"
75'-0"

DURANT AVE

SIDEWALK

NEW PROPOSED PROJECT

OVERHANG ABOVE
8'-8"

OVERHANG ABOVE
7'-10"
SHORT TERM BICYCLE PARKING (8 SPACES)
6'-10"
0' REAR SETBACK
5'-0" 5'-0" 5'-0"
2'-10"
0 16 32 64
5'-4"
7'-0"

EXISTING BUILDING
2-STORY COMMERCIAL

NO NEW WORK

EXISTING BUILDING
3-STORY COMMERCIAL

NO NEW WORK

EXISTING BUILDING
4-STORY

RESIDENTIAL

NO NEW WORK

EXISTING BUILDING
2-STORY COMMERCIAL

NO NEW WORK
7'-6"
6'-6"
130'-0"
75'-0"

DURANT AVE

SIDEWALK

PROPOSED PROJECT

LOT COVERAGE
(FOOTPRINT): 7447 SF
(INCLUDING CANTILEVERS): 8334 SF
4'-4"
3'-2"

PROPOSED PROJECT
CANTILEVER: 575 SF

PROPOSED PROJECT
CANTILEVER: 312 SF
121'-4"
0' REAR SETBACK

INDICATES LOT COVERAGE
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Drawing Title
Project No.

Date
Drawn by
Checked by
JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A1.1

SITE PLAN
3/32" = 1'-0"1 SITE PLAN - PROPOSED
3/32" = 1'-0"2 SITE PLAN - LOT COVERAGE DIAGRAM
Item 6B, Attachment 4
ZAB 2025-10-09

Page 13 of 35 ends

Page 161 of 214 ends

Page 387 ends

0 16 32 64
STAIR
STAIR

SERVICE &
BLDG.

STORAGE
2 3

A B D E G H
5 1
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
4 ELEV.

PIT

MAIN ELECTRICAL

MAINTENANCE WORKSHOP
MECH.

EMERGENCY ELEC. /

SWITCH GEAR ROOM

FIRE WATER

CISTERN

UTILITY

POINT OF
ENTRY

STORMWATER

FILTRATION

ROOM & TANK
1'-6"
1'-6" 1'-6"72'-0"
2'-0"
55'-6" 43'-5" 27'-7" 3'-6"
H

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Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A2.0

FLOOR PLAN -

BASEMENT
LEVEL
1/8" = 1'-0"1 BASEMENT PLAN
Item 6B, Attachment 4
ZAB 2025-10-09

Page 14 of 35 ends

Page 162 of 214 ends

Page 388 ends

2 1
2 3

A B D E G H
5 1

ELEVELEV
STAIR
STAIR

BIKE REPAIR

EMERGENCY

GENERATOR
MAIL
CORRAL
FIRE

COMMAND
CENTER
LONG
TERM

BICYCLE

PARKING
(72)
SPACES

BACK OF HOUSE

OPERATIONS

PACKAGE ROOM
MDF
BOILER
ROOM
FIRE
PUMP
ROOM
EXIT

XFORMER /
MAIN

ELECTRICALENTRY

ELEVATOR
LOBBY
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
55'-6" 43'-5" 31'-1"
7'-0"

UTILITY
75'-0"
A3.1
2 A3.1 1
A3.21
A3.2
2 LOBBY
1 A3.3
8'-3"
8'-8"
7'-6"
5'-4"
6'-10"
8'-10"
4'-8"
1 2
4 SERVICE
A3.91
A3.9
2 A3.10
2 A3.10 1

PLANTING

PLANTING PLANTING
A3.11
2 A3.11 1
A3.121
A3.12
2 2
A3.3
5'-0"
PUMP
ROOM
TRASH
GATE
GATE
2 3

A B D E G H
5 1
STAIR
STAIR

OPEN TO
BELOW

ELEVATOR
LOBBY
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
55'-6" 43'-5" 31'-1"
STUDY
SPACES

SERVICE

OPEN TO
BELOW

OPEN TO
BELOW
4 1/1
532 SF
TRASH

OPEN TO
BELOW

OPEN TO

BELOWOPEN TO
BELOW

OPEN TO
BELOW

OPEN TO
BELOW
0 16 32 64
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Description
Drawing Title
Project No.

Date
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JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A2.1

FLOOR PLAN -
LEVEL 1 & 2
1/8" = 1'-0"1 PLAN - LEVEL 1 - GROUND FLOOR
1/8" = 1'-0"2 PLAN - LEVEL 2
Item 6B, Attachment 4
ZAB 2025-10-09

Page 15 of 35 ends

Page 163 of 214 ends

Page 389 ends

2 3

A B D E G H
5 1
5' - 4"
5' - 4"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"5'-6" 29'-6" 6'-0" 29'-0" 5'-0" 55'-6" 43'-5" 31'-1"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
STUDIO
351 SF
2/1.5
841 SF
3/1.5
1156 SF
2/1
696 SF
5'-6"
4 2/1
696 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
366 SF
3'-6"
4'-7"
TRASH
SVC
A3.91
A3.9
2 A3.121
A3.12
2 2
3 A B D E G H
5 1
4 1'-0"
STUDIO
351 SF
2/1.5
841 SF
3/1.5
1156 SF
2/1
696 SF
2/1
696 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
366 SF
TRASH
SVC
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
0 16 32 64
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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A2.2

FLOOR PLAN -

TYPICAL

RESIDENTIAL
LEVEL L3 - L7 1/8" = 1'-0"1 PLAN - LEVEL 3 - TYP. RES. LEVEL 1/8" = 1'-0"2 PLAN - LEVEL 7 - TYP. RES. LEVEL
Item 6B, Attachment 4
ZAB 2025-10-09

Page 16 of 35 ends

Page 164 of 214 ends

Page 390 ends

2 3

A B D E G H
5 1
55'-6" 43'-5" 31'-1"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
DINING + KITCHEN
11'-0"

LAUNDRY
LOUNGE
FLEX
SPACE

JANITOR'S CLOSET /

STORAGE
4 STUDIO
351 SF
3/1.5
1156 SF
2/1
696 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
TRASH
SVC
2 3

A B D E G H
5 1
55'-6" 43'-5" 31'-1"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"

LAUNDRY

PRIVATE
STUDY

JANITOR'S CLOSET
10'-1"
4 STUDIO
351 SF
2/1.5
841 SF
2/1
696 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
366 SF
TRASH
SVC

AMENITY
LOUNGE
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Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A2.3

FLOOR PLAN -

AMENITY LEVELS
L8, L13, L17
1/8" = 1'-0"2 PLAN - LEVEL 8 + LEVEL 17
1/8" = 1'-0"1 PLAN - LEVEL 13
Item 6B, Attachment 4
ZAB 2025-10-09

Page 17 of 35 ends

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2 3

A B D E G H
5 1
4 A3.91
A3.9
2 5' - 4"
5' - 4"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"5'-6" 29'-6" 6'-0" 29'-0" 5'-0" 55'-6" 43'-5" 31'-1"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
STUDIO
351 SF
2/1.5
841 SF
3/1.5
1156 SF
2/1
696 SF
5'-6"
2/1
696 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
366 SF
3'-6"
4'-7"
TRASH
SVC
A3.121
A3.12
2 2
3 A B D E G H
5 1
4 1'-0"
STUDIO
351 SF
2/1.5
841 SF
3/1.5
1156 SF
2/1
696 SF
2/1
696 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
366 SF
TRASH
SVC
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
0 16 32 64
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Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A2.4

FLOOR PLAN -

TYPICAL

RESIDENTIAL
LEVEL L9-L12,
L14-L16, L18-L19
1/8" = 1'-0"1
PLAN - LEVEL 9, 10, 14-16 - TYP. RES.

LEVEL
1/8" = 1'-0"2
PLAN - LEVEL 11, 12, 18-19 - TYP. RES.

LEVEL
Item 6B, Attachment 4
ZAB 2025-10-09

Page 18 of 35 ends

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Page 392 ends

2 3

A B D E G H
5 1
55'-6" 43'-5" 31'-1"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
UP
UP
INDOOR
LOUNGE

COVERED

OUTDOOR
LOUNGE

W/ TRELLIS

ROOF DECK,
SLD

LAUNDRY

JANITOR'S CLOSET

STORAGE
WORK
BOOTH
4 AMENITY
LOUNGE
STUDIO
351 SF
3/1.5
1156 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
TRASH
SVC
2 3

A B D E G H
5 1
55'-6" 43'-5" 31'-1"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"

ROOFTOP MECHANICAL

AND SOLAR (LAYOUT
TBD)

ELEVATOR

OVERRUN
STAIR
1 A3.3
4 ELEVATOR

OVERRUN

ROOF ACCESS
2 A3.3
0 16 32 64
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Date
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JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A2.5

FLOOR PLAN -
LEVEL 20 &
ROOF
1/8" = 1'-0"1 PLAN - ROOF
1/8" = 1'-0"2 PLAN - LEVEL 20
Item 6B, Attachment 4
ZAB 2025-10-09

Page 19 of 35 ends

Page 167 of 214 ends

Page 393 ends

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof

A B D E G H
2 2
2 4
4 4
4 5
3A
3A
3A
1 4
3APROPERTY LINE

PROPERTY LINE ELEVATOR ROOF
3B
TYP.
10' - 0" 190' - 0" 8' - 0"
FFE: 247.0

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof
235 1

MAX HEIGHT
208' - 0"
8' - 0"
TYP
10' - 0"
2 2
2 4
4 4
4 5
1 FFE: 247.0

PROPERTY LINE

ELEVATOR ROOF
4 3B
3B
3B
3A
1 3A
2"6"10"
1'-2" 1'-0"
8"
6"
4 A3.1
Sim
3 A3.1
Sim
1'-0"
1'-2"
1'-0" 2"
6"
H

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Project No.

Date
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A3.1

BUILDING

ELEVATIONS
3/64" = 1'-0"2 ELEVATION - SOUTH (DURANT AVE)
3/64" = 1'-0"1 ELEVATION - WEST

EXTERIOR MATERIALS KEY
5) EXPOSED CONCRETE
4) ALUMINUM AND GLASS

STOREFRONT WITH DICHROIC FILM
3A) DARK ALUMINUM METAL PANEL
2) LIGHT WHITE

CLARK PACIFIC

INFINITE SERIES
1) DARK GREY

CLARK PACIFIC

INFINITE SERIES
3B) LIGHT ALUMINUM METAL PANEL
3B
4 1
2 3A
3A
AXON VIEW OF AMENITY SPACE ADJACENT TO CORRIDOR 1" = 1'-0"3 FACADE PLAN DETAIL 1" = 1'-0"4 FACADE PLAN DETAIL

INTERIOR

EXTERIOR

INTERIOR

EXTERIOR
Item 6B, Attachment 4
ZAB 2025-10-09

Page 20 of 35 ends

Page 168 of 214 ends

Page 394 ends

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof
2 3 51
1 1
2 3A
3A
3A

PROPERTY LINE

ELEVATOR ROOF
4 3B
2 8'-0"190'-0"
TYP.
10'-0"
FFE: 247.0

MAX HEIGHT
208'-0"
4 LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof
ABDEGH
2 1
2 3A

PROPERTY LINE

ELEVATOR ROOF
2 1
3B
TYP.
10'-0" 190'-0" 8'-0"
FFE: 247.0
H

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Drawing Title
Project No.

Date
Drawn by
Checked by
JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
3/64" = 1'-0"
24001
2425 Durant Ave Housing
01/31/2025
A3.2

BUILDING

ELEVATIONS
3/64" = 1'-0"1 ELEVATION - EAST
3/64" = 1'-0"2 ELEVATION - NORTH
5) EXPOSED CONCRETE
4) ALUMINUM AND GLASS

STOREFRONT WITH DICHROIC FILM
3A) DARK ALUMINUM METAL PANEL
2) LIGHT WHITE

CLARK PACIFIC

INFINITE SERIES
1) DARK GREY

CLARK PACIFIC

INFINITE SERIES
3B) LIGHT ALUMINUM METAL PANEL

EXTERIOR MATERIALS KEY
Item 6B, Attachment 4
ZAB 2025-10-09

Page 21 of 35 ends

Page 169 of 214 ends

Page 395 ends

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2

BASEMENT
Roof

ELEVATOR ROOF

DURANT AVE

TO ROOF
200' - 0"TYP
10' - 0"
8'-0"
LOBBY
FIRE
WATER

CISTERN
ELEC. MAIN
5'-0"
5'-0"
2'-0"
FFE: 247.0
3'-6" 9'-6"
15'-0"
FIRE
PUMP
ROOM
8'-0"

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2

BASEMENT
Roof

ELEVATOR ROOF

AMENITY
ELEV. OVERRUN

AMENITY

AMENITY
PKG
ROOM
TYP.
10' - 0" 190' - 0" 8'-0"
FFE: 247.0
5'-0"

AMENITY

BIKE ROOM

AMENITY

PARAPET HEIGHT
8'-0"
A3.3
5 Sim
A3.3
4 Sim
4'-6"
3'-10"
15'-0"
13'-0"

MECHSVC
8'-0"
L8
L9
10"6"2"
4'-0"
4'-0"
6" 10"2"
L13
L14
6'-3"
1'-6"
6'-3"
1'-6"
L8
L9
3'-8"
1'-0"
3'-8"
1'-0"
H

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Drawing Title
Project No.

Date
Drawn by
Checked by
JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A3.3

SECTION

DRAWINGS
3/64" = 1'-0"1 BUILDING SECTION - N/S
3/64" = 1'-0"2 BUILDING SECTION - E/W
1" = 1'-0"3
ENLARGED SECTION - TYP. FACADE

DEPTH - AMENITY LEVEL
1" = 1'-0"4 ENLARGED SECTION - FACADE DEPTH
1" = 1'-0"5 ENLARGED SECTION - FACADE DEPTH
Item 6B, Attachment 4
ZAB 2025-10-09

Page 22 of 35 ends

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Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
1" = 20'-0"
24001
2425 Durant Ave Housing
01/31/2025
A3.4

STREET STRIP

ELEVATION
1" = 20'-0"1 STREET STRIP ELEVATION

BUILDINGS BEHIND

SATHER LANEPROJECT SITE
Item 6B, Attachment 4
ZAB 2025-10-09

Page 23 of 35 ends

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Page 397 ends

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Date
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Sheet No.
1 2
3 YES COMMUNITY

PERSPECTIVE

RENDERINGS

VIEW ALONG DURANT AVE LOOKING NORTH EAST
Item 6B, Attachment 4
ZAB 2025-10-09

Page 24 of 35 ends

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Page 398 ends

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Sheet No.
1 2
3 YES COMMUNITY

PERSPECTIVE

RENDERINGS

VIEW OF ENTRY ALONG DURANT AVE LOOKING NORTH WEST
Item 6B, Attachment 4
ZAB 2025-10-09

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Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
24001
2425 Durant Ave Housing
01/31/2025
A3.7
PHOTO

SIMULATIONS

PERSPECTIVE VIEW

UP DURANT AVE

TOWARDS

TELEGRAPH AVE BEFORE AFTER (SIMULATED)
Item 6B, Attachment 4
ZAB 2025-10-09

Page 26 of 35 ends

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Page 400 ends

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Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
24001
2425 Durant Ave Housing
01/31/2025
A3.8
PHOTO

SIMULATIONS

BEFORE AFTER (SIMULATED)

PERSPECTIVE VIEW

DOWN DURANT AVE

TOWARDS DANA ST
Item 6B, Attachment 4
ZAB 2025-10-09

Page 27 of 35 ends

Page 175 of 214 ends

Page 401 ends

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof
2 3 51

ELEVATOR ROOF
4 PROPERTY LINE

PROPERTY LINE
TYP.
10'-0"
FFE: 247.0
80'-0"

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof
ABDEGH

ELEVATOR ROOF

PROPERTY LINE

PROPERTY LINE
TYP.
10'-0"
FFE: 247.0
80'-0"

DIAGONAL HATCH INDICATES

OVERALL FACADE AREA

GREY TONE INDICATES

TRANSPARENT FACADE AREA

CROSSHATCH INDICATES

HIGH-RISK FEATURES
H

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Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A3.9

BIRD SAFETY

EXTERIOR

DIAGRAMS
3/64" = 1'-0"1 ELEVATION - EAST
3/64" = 1'-0"2 ELEVATION - NORTH
TRANSPARENT FACADE AREA: 4240.47 SF
OVERALL FACADE AREA: 25342.99 SF
4240.47 SF / 25342.99 SF = .1673 * 100 = 16.73%

16.73% < 30% = LOWER RISK FACADE
PER BMC TABLE 23.304-10, HIGH RISK FEATURES
AS WELL AS FIRST 75' ABOVE GRADE
TRANSPARENT FACADE TO FOLLOW OPTION 2
BIRD SAFE MATERIALS PER BMC 23.304.150(C)

COMPLIES
TRANSPARENT FACADE AREA: 1008.00 SF
OVERALL FACADE AREA: 13253.50 SF
1008.00 SF / 13253.5 SF = .0761 * 100 = 7.61%

7.61% < 30% = LOWER RISK FACADE
PER BMC TABLE 23.304-10, HIGH RISK FEATURES
AS WELL AS FIRST 75' ABOVE GRADE
TRANSPARENT FACADE TO FOLLOW OPTION 2
BIRD SAFE MATERIALS PER BMC 23.304.150(C)

COMPLIES
Item 6B, Attachment 4
ZAB 2025-10-09

Page 28 of 35 ends

Page 176 of 214 ends

Page 402 ends

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof

A B D E G H

ELEVATOR ROOF

PROPERTY LINE

PROPERTY LINE
FFE: 247.0

BIRD SAFE MATERIALS REQ'D
80'-0"

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof
235 1

ELEVATOR ROOF
4 FFE: 247.0

PROPERTY LINE

BIRD SAFE MATERIALS REQ'D
80'-0"

DIAGONAL HATCH INDICATES

OVERALL FACADE AREA

GREY TONE INDICATES

TRANSPARENT FACADE AREA

CROSSHATCH INDICATES

HIGH-RISK FEATURES
H

E OF AC LI
TAS
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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A3.10

BIRD SAFETY

EXTERIOR

DIAGRAMS
3/64" = 1'-0"2 ELEVATION - SOUTH (DURANT AVE)
3/64" = 1'-0"1 ELEVATION - WEST
TRANSPARENT FACADE AREA: 5670.66 SF
OVERALL FACADE AREA: 25462.6 SF
5670.66 SF / 25462.6 SF = .2227 * 100 = 22.27%

22.7% < 30% = LOWER RISK FACADE
PER BMC TABLE 23.304-10, HIGH RISK FEATURES
AS WELL AS FIRST 75' ABOVE GRADE
TRANSPARENT FACADE TO FOLLOW OPTION 2
BIRD SAFE MATERIALS PER BMC 23.304.150(C)

COMPLIES
TRANSPARENT FACADE AREA: 6507.67 SF
OVERALL FACADE AREA: 13505.41 SF
6507.67 SF / 13505.41 SF = .4819 * 100 = 48.19%

48.19% > 30% = NOT A LOWER RISK FACADE
PER BMC TABLE 23.304-10, HIGH RISK FEATURES
AS WELL AS FIRST 75' ABOVE GRADE
TRANSPARENT FACADE TO FOLLOW OPTION 2
BIRD SAFE MATERIALS PER BMC 23.304.150(C)

COMPLIES
Item 6B, Attachment 4
ZAB 2025-10-09

Page 29 of 35 ends

Page 177 of 214 ends

Page 403 ends

Date
Issues / Revisions
Description

YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
1 2
3 10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
2425 Durant Ave Housing
Item 6B, Attachment 4
ZAB 2025-10-09

Page 30 of 35 ends

Page 178 of 214 ends

Page 404 ends

Date
Issues / Revisions
Description

YES COMMUNITY

Page 31 of 35 ends

Page 179 of 214 ends

Page 405 ends

Date
Issues / Revisions
Description

YES COMMUNITY

Page 32 of 35 ends

Page 180 of 214 ends

Page 406 ends

Date
Issues / Revisions
Description

YES COMMUNITY

Page 33 of 35 ends

Page 181 of 214 ends

Page 407 ends

Date
Issues / Revisions
Description

YES COMMUNITY

Page 34 of 35 ends

Page 182 of 214 ends

Page 408 ends

PLANT TREES IN ACCORDANCE WITH THE AMERICAN
NATIONAL STANDARDS INSTITUTE (ANSI) A300 (PART
6)-2012, PLANTING AND TRANSPLANTING WHICH

OUTLINES ITEMS SUCH AS PLANTING IN PLANTING PITS

TWICE THE SIZE OF THE ROOT BALL, LEAVING THE TREE
1 INCH HIGHER THAN NATURAL GRADE, BACK FILLING
THE HOLE WITH NATIVE SOIL.

IRRIGATION IS REQUIRED.

REMOVE THE NURSERY STAKE AND REPLACING WITH A

TWO-STAKE SYSTEM THAT ENCOURAGES TREE
MOVEMENT.

TREES SHOULD BE PLANTED IN THE 24-INCH BOX SIZE.

NO ROOT BARRIER, PAVERS, OR TREE GRATES SHOULD
BE USED.

PLEASE USE FLEXI-PAVE IN THE TREE WELLS.

LANDSCAPE SITE PLAN NOTES:

NEW LANDSCAPE PLANTING
PERENNIAL PLANTING 29 SF
PERENNIAL PLANTING 201 SF
SHRUB PLANTING 29 SF
SHRUB PLANTING 51 SF
GRASS PLANTING 50 SF
GRASS PLANTING 50 SF

TOTAL NEW
LANDSCAPE PLANTING 410 SF

WELO CALCULATIONS NOT REQUIRED FOR NEW
LANDSCAPE PLANTING BELOW 500 SF
Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
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NW
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YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
1 2
3 10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
L1.0

LANDSCAPE

SITE PLAN
(29 SF) PERENNIAL PLANTING
(51 SF) SHRUB PLANTING
(201 SF)
(50 SF) (50 SF) GRASS PLANTING
(29 SF)
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2000 Center Street, Suite 400, Berkeley, California 94704 TEL: (510) 981-7368 TDD: (510) 981-6903 FAX: (510) 981-4910 E-MAIL: [email protected] INTERNET: www.rentboard.berkeleyca.gov Rent Stabilization Board
September 9, 2025
To: Nilu Karimzadegan, Planner, Planning & Development Department From: Matt Brown, General Counsel
By: Katrina Lapira, Associate Planner
Subject: 2425 Durant Avenue (2421-27 Durant Avenue)
On December 6, 2024, a message was sent to Lief Bursell informing him of a new application to demolish two existing buildings with 19 units at 2421, 2423, 2425, and 2427 Durant Avenue as part of the zoning application addressed at 2425 University Avenue. The project would create a new 20-story residential building with 169 new dwelling units, 32 units of which are identified as below-market rate (BMR) units. Land Use Planning requested information related to the property’s rental history and status under the Rent Stabilization and Eviction for Just Cause Ordinance (“Rent Ordinance”) that are relevant to Berkeley Municipal Code (BMC) Chapter 23.326 (“Demolition Ordinance”).

Property History
Alameda County records show that 2421-27 Durant Avenue is owned by 2425 Durant LLC as of April 30, 2019. City of Berkeley records indicate that the property was originally developed with two duplexes and two single-family dwelling units that were later converted into residential apartment buildings. As a result of these conversions, there are 19 dwelling units permitted on the lot.

Rent Stabilization Board records confirm that 2421-27 Durant Avenue contains a total of 19 dwelling units.

Rental History and Rent Control Status
Rent Stabilization Board records show that all 19 units are currently rented and registered with the Rent Board. Sixteen of the 19 tenancies began between the calendar years 2021 to 2024. There is one long-term tenancy that has been in place since 2013. All units are rent-controlled and are fully covered by the Rent Ordinance.

Current Tenancies (as of December 19, 2024):

Unit Address Occupancy Status Current Tenancy Start Date 2421 Durant #1 Rented 12/31/2019
2421 Durant #2 Rented 7/31/2024
2421 Durant #3 Rented 7/1/2023
2421 Durant #4 Rented 6/1/2023
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2421 Durant #5 Rented 11/3/2017
2421 Durant #6 Rented 5/31/2024
2423 Durant #A Rented 6/1/2022
2423 Durant #B Rented 6/1/2023
2425 Durant #1 Rented 5/31/2024
2425 Durant #2 Rented 5/31/2024
2425 Durant #3 Rented 6/1/2021
2427 Durant #4 Rented 5/31/2024
2427 Durant #5 Rented 5/31/2024
2427 Durant #6 Rented 7/15/2024
2427 Durant #7 Rented 6/30/2024
2427 Durant #8 Rented 5/30/2013
2427 Durant #9 Rented 6/30/2024
2427 Durant #10 Rented 6/1/2023
2427 Durant #11 Rented 5/31/2024
No Fault Evictions
The buildings addressed 2421, 2425, 2423, and 2427 have not been removed from the rental market under the Ellis Act or any other no fault eviction at any time during the preceding five (5) years.

Harassment or Illegal Eviction
The Rent Stabilization Board has no record of any verified cases of harassment or threatened or actual illegal evicting occurring for the rental units at 2421, 2425, or 2427 Durant.

Demolition Ordinance (BMC 23.326) and SB 330
Both Berkeley Municipal Code (BMC) Chapter 23.326 and Housing Crisis Act of 2019 Senate Bill (SB) 330 apply to this project. Both regulations require certain tenant protections, such as the right of first refusal and relocation assistance. However, SB 330 does not supersede local ordinances with greater restrictions on the demolition of residential dwelling units or local ordinances that require greater relocation assistance to displaced households (Cal. Gov. Code 66300.6(c). For instance, tenant relocation protections in BMC 23.326 are greater than those provided by SB 330, but they only apply to sitting tenants at the time the application for demolition is submitted to the City.

Tenants who move in after the application is submitted would qualify for the less protective relocation requirements in SB 330 if the owner informed them about the proposed demolition and that demolition constitutes good cause for eviction.

On November 21, 2024, a complete Housing Crisis Act of 2019 Senate Bill (SB) 330 application was submitted for the subject development project and is therefore vested in the ordinances in effective at the time of application. Since a complete preliminary application was received after August 10, 2024, the effective date of the updated Berkeley Municipal Code (BMC) Chapter 23.326 (Demolition Ordinance), the application is subject to the provisions of the current Demolition Ordinance.

Under Berkeley’s Demolition Ordinance, returning tenants have the right to rent the new replacement unit at the rent level that would have applied if they remained in their former unit. Landlords may petition the Board for a rent adjustment on the new unit pursuant to the rules associated with the addition of space/services.

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Demolition Ordinance Unit Status and Replacement Requirements The City of Berkeley Demolition Ordnance has different replacement requirements for residential units that qualify as “Protected Units”. Per BMC Section 23.326.020(A)(5), “Protected Units” are residential units that meet one of the following criteria:
• A low-income deed restriction within the last five years • Rent or price control under BMC Chapter 13.76 (Rent Stabilization and Eviction for Just Cause Program)
• Rented by a household at 80 percent Area Median Income or lower within the last five years
All 19 Residential Units at 2421-2427 Durant are subject to rent control under the Rent Ordinance and are therefore considered Protected Units. Per the Demolition Ordinance, any Protected Unit that is demolished shall be replaced with a Comparable Unit that shall comply with the maximum allowable rent requirements for Affordable Units in Chapter 23.328 [Affordable Housing Requirements] and Chapter 23.330 [Density Bonus]. In other words, all 19 of the existing units proposed for demolition must be replaced with units that are available to either VLI or LI households in perpetuity.

Although more information is needed regarding the size and location of the replacement units, the project replaces the 19 units with 6 Extremely Low Income (ELI), 7 VLI, 6 LI units, and 13 Moderate Income (MI) units is therefore consistent with the Demolition Ordinance requirements. A total of 32 BMR units are provided in the proposed project.

Recommendation
Rent Stabilization Board staff recommend the following:

1. Per the Demolition Ordinance, the project must include at least 19 below market rate units to mitigate the loss of existing rent-control units.

2. That the applicant includes in their application the number, size (bedroom), and affordability rate of units to be considered replacement units.

3. The project materials submitted on July 17, 2025, indicate that the project would include 32 below market rate units and would adequately mitigate the loss of existing rent-controlled housing units. Confirm that subsequent revisions to the project would include at least 19 below market rate units to replace the loss of existing rent-control units, consistent with Recommendation #1 of this memorandum.

4. That the ZAB adopt the following Use Permit conditions to fulfill the requirements of Berkeley’s Demolition Ordinance and state law:
a. First Right of Refusal. Pursuant to BMC 23.326.030(E)(4)(a), any tenant of a Protected Unit that is permitted to be demolished shall have the right of first refusal to rent a Comparable Unit in the new project. Prior to building permit issuance, the applicant shall provide documentation that confirms that previous tenants have been made aware of their right of first refusal in the new building.

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b. Sitting Tenants Rights. Pursuant to BMC 23.326.030(E)(4)), ((b) In the event that a displaced household is ineligible for below-market rate replacement units, a market rate Comparable Unit shall be made available to that household at the same rent as had been previously charged, or a lesser rent if that is the market rate.
(c) Where a displaced tenant exercises the right to rent a Comparable Unit, any increase in rent for the Comparable Unit for the duration of their tenancy shall be no greater than the lesser of 65% of the increase in the Consumer Price Index for All Urban Consumers (CPI-U) in the San Francisco-Oakland-San Jose region (as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics for the twelve-month period ending the previous December 31) or 65% of the corresponding increase in Area Median Income (AMI) for the same calendar years.

The sitting tenants’ rights do not apply to tenants who move in after the application for demolition is submitted to the City if the owner informs each prospective tenant about the proposed demolition and that demolition constitutes good cause for eviction.
c. Rental Rate – Known Income. Pursuant to 23.326.030(D)(1), in the event that a displaced household has an income below 50 percent AMI, a Comparable Unit shall be offered at a rent that is affordable to households at 30 percent of AMI, and the displaced household shall have the first right of refusal for that unit. Such a Comparable unit shall be counted as a Very Low-Income unit for applicable affordability requirements in Chapter

23.328. Prior to building permit issuance, the applicant shall, for previous tenants whose income is known that have accepted a tenancy in the new building, provide documentation confirming the rental rate of their unit in the and supporting documents that verify tenant income. d. Rental Rate – Unknown Income. Pursuant to BMC 23.326.030(D)(3), in the event the income level of the displaced household is unknown, the unit shall be replaced as an Affordable Unit per BMC Section 23.328.020 – a unit that is affordable in perpetuity as a Very Low-Income or Lower - Income Unit. Prior to building permit issuance, the applicant shall, for previous tenants whose income is unknown that have accepted a tenancy in the new building, provide documentation confirming the rental rate of their unit.
e. Prior Rental Rate. Pursuant to Government Code Section 66300.6(b)(3), any existing residents will be allowed to occupy their units until six months before the start of construction activities with proper notice and, if compelled to leave, shall be allowed to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market.
f. Requirement for Relocation Expenses. Pursuant to BMC

23.326.030(E)(3) the applicant shall provide moving and relocation assistance equivalent to the requirements set forth in Municipal Code Chapter 13.84 (Relocation Services and Payments for Residential Tenant Item 6B, Attachment 5
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Households) or Government Code section 66300.6(b)(4)(A), whichever requires greater relocation assistance to displaced tenants, and shall not be subject to the limitations in section 13.84.070.B.3(a). The applicant shall subsidize the rent differential for a comparable replacement unit, in the same neighborhood if feasible, until new units are ready for occupancy. Within five days of the issuance of the Certificate of Occupancy, tenants shall be notified in writing that the units will be ready for move-in on a specified date. Tenants shall confirm in writing their intent to lease the available unit at any time before 20 days after the issuance of the Certificate of Occupancy. Funding for the rent differential shall be guaranteed in a manner approved by City Council Resolution; provided, however, that any project that is carried out or funded by the state or federal government shall be subject to applicable provisions of the California Relocation Act (Government Code section 7260 et seq.) and/or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. sections 4601- 4655). The Requirements for Relocation Expenses do not apply to tenants who move in after the application for demolition is submitted to the City if the owner informs each prospective tenant about the proposed demolition and that demolition constitutes good cause for eviction unless otherwise required by California law.
g. Rental Registry. Prior to issuance of a Certificate of Occupancy register all the new units with forms provided by the Rent Stabilization Board.

Provide confirmation from the Rent Stabilization Board
([email protected]) that the new units have been registered.

Please contact Katrina Lapira with any further questions regarding this matter.

Sincerely,
Matt Brown
General Counsel
Item 6B, Attachment 5
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MITIGATION MONITORING PROGRAM
This Draft Mitigation Monitoring Program (MMP) has been formulated based upon the findings of the Environmental Impact Report (EIR) prepared for the City of Berkeley Draft Southside Plan. The MMP, which is provided in Table 1 of this section, lists mitigation measures recommended in the EIR for the proposed project and identifies mitigation monitoring requirements. The Final MMP must be adopted when the City Council makes a final decision on the project.

This MMP has been prepared to comply with the requirements of State law (Public Resources Code Section 21081.6). State law requires the adoption of an MMP when mitigation measures are required to avoid significant impacts. The MMP is intended to ensure compliance during implementation of the project.

The MMP is organized in a matrix format. The first column identifies the impact and the second column identifies the level of significance of the impact without mitigation. The third column identifies the mitigation measure that would be implemented for each project impact and the fourth column identifies the level of significance of the impact with the mitigation measure. The fifth column, entitled “Monitoring Responsibility,” refers to the agency responsible for oversight or ensuring that the mitigation measure is implemented. The sixth column, entitled “Monitoring Timing,” refers to when the monitoring will occur to ensure that the mitigation action is completed. The seventh column, entitled “Verification,” is for the lead agency to provide verification that the measures have been implemented.

These mitigation measures include any minor revisions made as a result of the Response to Comments Document.

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L S A A S S O C I A T E S , I N C . B E R K E L E Y D R A F T S O U T H S I D E P L A N E I R D E C E M B E R 2 0 1 2 M I T I G A T I O N M O N I T O R I N G P R O G R A M 2 Table 1: Mitigation Monitoring Program
Impact Statement
Level of
Significance
Without
Mitigation Mitigation Measures
Level of
Significance
With
Mitigation
Monitoring
Responsibility
Monitoring
Timing
Verification
(Date and
Initials)
A. Land Use
There are no significant land use
impacts.

B. Population, Employment and
Housing
There are no significant population, employment and
housing impacts
C. Transportation and Circulation
TRANS-1: Potential new construction
would significantly affect operations of
the Parker Street/Warring Street
intersection under Existing Plus Project
Conditions.

S TRANS-1: Remove the stop signs on
Warring Street while maintaining stop
signs on Parker Street at the Clark
Kerr Campus exit. This action will
reduce long southbound queues along
Warring Street. The side street
approach would operate at LOS F;
however, the minor street volumes are
low and would not meet the peak hour
signal warrant. Install a high visibility
crosswalk system on the north side of
the Clark Kerr exit driveway to permit
pedestrians to alert drivers to
pedestrian crossings.

SU City of Berkeley
Planning and
Development and
Public Works
Department
To be implemented when it is
determined that a project or projects
will cause delays at the intersection of
more than two seconds from 2007
conditions (as shown in the DEIR)
while continuing to operate at an LOS
E. Projects will be reviewed during
the discretionary approval process and
will be required, as necessary, to
address impacts through conditions of
approval or contribution to a
transportation services fee that would
provide fair-share funding for
improvements. The City cannot
guarantee that the improvements will
occur by a certain time or prior to a
potentially significant impact due to a
lack of funding.

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L S A A S S O C I A T E S , I N C . B E R K E L E Y D R A F T S O U T H S I D E P L A N E I R D E C E M B E R 2 0 1 2 M I T I G A T I O N M O N I T O R I N G P R O G R A M

3 Impact Statement
Level of
Significance
Without
Mitigation Mitigation Measures
Level of
Significance
With
Mitigation
Monitoring
Responsibility
Monitoring
Timing
Verification
(Date and
Initials)
TRANS-3: Potential new construction
would cause a significant cumulative
impact at the intersection of Bancroft
Way/Piedmont Avenue.

S TRANS-3: Re-stripe the existing cross
section for north and south bound
traffic on Piedmont Avenue to
accommodate two lanes of traffic in
each direction. The additional lanes
will prevent through traffic from
being blocked by turning movements.

Provide crosswalks only on the north
and west sides of the intersection to
eliminate pedestrian conflicts with
vehicles on the south approach.

Relocate the existing northbound bus
zone to the north of the intersection to
accommodate the second moving
traffic lane, and eliminate parking
north of Bancroft Way. With
implementation of this mitigation
measure the intersection would
operate at LOS C.

SU City of Berkeley
Planning and
Development and
Public Works
Department
To be implemented when it is
determined that a project or projects
will exacerbate LOS F conditions at
the intersection during the AM peak
hour and/or cause operating
conditions at the intersection to
deteriorate from LOS E to LOS F
during the PM peak hour. Projects
will be reviewed during the
discretionary approval process and
will be required, as necessary, to
address impacts through conditions of
approval or contribution to a
transportation services fee that would
provide fair-share funding for
improvements. The City cannot
guarantee that the improvements will
occur by a certain time or prior to a
potentially significant impact due to a
lack of funding.

TRANS-4: Potential new construction
would cause a significant cumulative
impact at the intersection of Durant
Avenue/Piedmont Avenue.

S TRANS-4: Re-stripe the existing cross
section for north and south bound
traffic on Piedmont Avenue to
accommodate two lanes of traffic in
each direction. The additional lanes
will prevent through traffic from
being blocked by turning movements.

To accommodate two lanes of traffic
during the PM peak period, parking
would have to be prohibited along
Piedmont Avenue between Bancroft
Way and 100 feet south of Durant
Avenue. With implementation of this
mitigation measure the intersection
would operate at LOS C.

Item 6B, Attachment 6
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4 Impact Statement
Level of
Significance
Without
Mitigation Mitigation Measures
Level of
Significance
With
Mitigation
Monitoring
Responsibility
Monitoring
Timing
Verification
(Date and
Initials)
TRANS-5: Potential new construction
would cause a significant cumulative
impact at the intersection of Channing
Way/Fulton Street.

S TRANS-5: Signalize the Channing
Way/Fulton Street intersection. With
implementation of this mitigation
measure the intersection would
operate at LOS C. The traffic signal
shall provide pedestrian countdown
signal indications, bicycle and
emergency vehicle detection and
necessary equipment capable of transit
priority operations.

SU City of Berkeley
Planning and
Development and
Public Works
Department
To be implemented when it is
determined that a project or projects
will cause operating conditions at the
intersection to deteriorate from LOS E
to LOS F during the PM peak hour.

Projects will be reviewed during the
discretionary approval process and
will be required, as necessary, to
address impacts through conditions of
approval or contribution to a
transportation services fee that would
provide fair-share funding for
improvements. The City cannot
guarantee that the improvements will
occur by a certain time or prior to a
potentially significant impact due to a
lack of funding.

TRANS-6: Potential new construction
would cause a significant cumulative
impact at the intersection of Parker
Street/Warring Street.

S TRANS-6: Implementation of
Mitigation Measure TRANS-1
(Remove the stop signs on Warring
Street while maintaining stop signs on
Parker Street at the Clark Kerr
Campus exit) would reduce the
cumulative impact on the Parker
Street/Warring Street intersection to
the less-than-significant level.

SU City of Berkeley
Planning and
Development and
Public Works
Department
To be implemented when it is
determined that a project or projects
will exacerbate LOS E operations at
the intersection by more than 3
seconds from 2007 conditions (as
shown in the DEIR) and/or
exacerbate LOS F operations at the
intersection by increasing the volume-
to-capacity ratio by more than 0.01.

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L S A A S S O C I A T E S , I N C . B E R K E L E Y D R A F T S O U T H S I D E P L A N E I R D E C E M B E R 2 0 1 2 M I T I G A T I O N M O N I T O R I N G P R O G R A M

5 Impact Statement
Level of
Significance
Without
Mitigation Mitigation Measures
Level of
Significance
With
Mitigation
Monitoring
Responsibility
Monitoring
Timing
Verification
(Date and
Initials)
TRANS-7: Construction on development
sites in the Southside area can disrupt
pedestrian sidewalks at the vehicle
access interface when either driveways
or curb-cuts are introduced.

S TRANS-7: The City shall require all
new development to design the
vehicle access points to new
development sites as driveways. A 6-
foot sidewalk width, or 6 feet of
clearance on sidewalks, shall be
maintained across each new driveway
that is in line with the primary
walking corridor along the street.

LTS City of Berkeley
Planning and
Development and
Public Works
Department
Prior to design approval.

TRANS-8: Vehicles and bicycles
currently encroach into crosswalks,
which may increase as new development
allowed pursuant to the Project generates
additional trips.

S TRANS-8: At all signalized
intersections and mid-block locations
within the Southside area the City
shall install limit lines five feet in
advance of the crosswalks and install
“Turning Traffic Must Yield to
Pedestrians” signage consistent with
the California Manual on Uniform
Traffic Control Devices for Streets
and Highways (FHWA’s MUTCD
2003 Edition, as amended for use in
California).

LTS City of Berkeley
Planning and
Development and
Public Works
Department
To be implemented within 5 years
through the City’s CIP process

TRANS-9: Certain elements of the
Southside area’s pedestrian facilities are
in disrepair or require upgrade to be
ADA compliant, which may worsen as
development resulting from the Project
generates additional pedestrian trips.

S TRANS-9: The City shall implement
Policy T-C4 of the Draft Southside
Plan and develop a program for
sidewalk and intersection repairs and
upgrades. Such a plan should
inventory the existing system, identify
deficiencies, and prioritize necessary
improvements, including ongoing
maintenance.

SU City of Berkeley
Planning and
Development and
Public Works
Department
To be implemented when City
confirms that conditions warrant its
implementation

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6 Impact Statement
Level of
Significance
Without
Mitigation Mitigation Measures
Level of
Significance
With
Mitigation
Monitoring
Responsibility
Monitoring
Timing
Verification
(Date and
Initials)
TRANS-10: The Project will increase
bicycle activity, including along the
Bancroft Way and Durant Avenue
corridors where there are no bicycle
facilities, which can create unsafe
conditions.

S TRANS-10: The City shall install
Class II bike lanes on Bancroft Way
between Dana Street and Fulton Street
and on Durant Avenue west of
College Avenue. The City shall install
shared roadway markings on Bancroft
Way west of Fulton Street and east of
Dana Street as well as on Durant
Avenue east of College Avenue. The
shared roadway markings shall be
located 11 feet from the face of curb
to highlight the preferred bicycle
travel path to avoid open vehicle
doors.

SU City of Berkeley
Planning and
Development and
Public Works
Department
To be implemented when City
confirms that conditions warrant its
implementation

TRANS-14: The Project will bring
additional activity to the Southside,
including increased vehicular trips.

There is a limited amount of short-term
parking in the Southside area, which is
needed to minimize drivers having to
recirculate through the Southside area in
search of available parking.

S TRANS-14: The City shall implement
Policy T-F1 of the Draft Southside
Plan to improve short term parking
opportunities. The City shall explore
increasing parking fees to promote use
of off-street lots and short-term on-
street parking, upgrading its parking
enforcement technology to capture
long term parkers who move their cars
every two hours to avoid ticketing,
and pricing parking based on demand.

SU City of Berkeley
Planning and
Development and
Public Works
Department
To be implemented when City
confirms that conditions warrant its
implementation

Item 6B, Attachment 6
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7 Impact Statement
Level of
Significance
Without
Mitigation Mitigation Measures
Level of
Significance
With
Mitigation
Monitoring
Responsibility
Monitoring
Timing
Verification
(Date and
Initials)
D. Air Quality
Item 6B, Attachment 6
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L S A A S S O C I A T E S , I N C . B E R K E L E Y D R A F T S O U T H S I D E P L A N E I R D E C E M B E R 2 0 1 2 M I T I G A T I O N M O N I T O R I N G P R O G R A M 8 Impact Statement
Level of
Significance
Without
Mitigation Mitigation Measures
Level of
Significance
With
Mitigation
Monitoring
Responsibility
Monitoring
Timing
Verification
(Date and
Initials)
AIR-1: Demolition and construction
period activities could generate
significant dust, exhaust, and organic
emissions.

S AIR-1: Consistent with guidance from
the BAAQMD, the following actions
shall be required of construction
contracts and will be incorporated into
standard conditions of approval for
future development projects.

Demolition. The following controls
shall be implemented during
demolition:

Water during demolition of
structures and break-up of pavement
to control dust generation;
Cover all trucks hauling demolition
debris from the site; and
Use dust-proof chutes to load debris
into trucks whenever feasible.

Construction. The following controls
shall be implemented at all
construction sites:

Water all active construction areas
at least twice daily and more often
during windy periods; active areas
adjacent to existing land uses shall
be kept damp at all times, or shall be
treated with non-toxic stabilizers to
control dust;
Cover all trucks hauling soil, sand,
and other loose materials or require
all trucks to maintain at least 2 feet
of freeboard;
Pave, apply water three times daily,
or apply (non-toxic) soil stabilizers
on all unpaved access roads, parking
areas, and staging areas at
construction sites;
Sweep daily (with water sweepers)
all paved access roads, parking
areas, and staging areas at
construction sites; water sweepers
shall vacuum up excess water to
avoid runoff-related impacts to
water quality;
LTS City of Berkeley
Building and Safety
Division
Throughout demolition and
construction period
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9 Impact Statement
Level of
Significance
Without
Mitigation Mitigation Measures
Level of
Significance
With
Mitigation
Monitoring
Responsibility
Monitoring
Timing
Verification
(Date and
Initials)
AIR-1 Continued
Sweep streets daily (with water
sweepers) if visible soil material is
carried onto adjacent public streets;
Apply non-toxic soil stabilizers to
inactive construction areas;
Enclose, cover, water twice daily, or
apply non-toxic soil binders to
exposed stockpiles (dirt, sand, etc.);
Limit traffic speeds on unpaved
roads to 15 mph;
Install sandbags or other erosion
control measures to prevent silt
runoff to public roadways;
Replant vegetation in disturbed
areas as quickly as possible;
Install baserock at entryways for all
exiting trucks, and wash off the tires
or tracks of all trucks and equipment
in designated areas before leaving
the site; and
Suspend excavation and grading
activity when winds (instantaneous
gusts) exceed 25 mph.

Implementation of this mitigation
measure would reduce construction
and demolition air quality impacts to
a less-than-significant level.

Item 6B, Attachment 6
ZAB 2025-10-09

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L S A A S S O C I A T E S , I N C . B E R K E L E Y D R A F T S O U T H S I D E P L A N E I R D E C E M B E R 2 0 1 2 M I T I G A T I O N M O N I T O R I N G P R O G R A M

10 Impact Statement
Level of
Significance
Without
Mitigation Mitigation Measures
Level of
Significance
With
Mitigation
Monitoring
Responsibility
Monitoring
Timing
Verification
(Date and
Initials)
AIR-2: Project operational emissions
would exceed the BAAQMD thresholds
of significance for ozone precursors.

S AIR-2: Changes in land use and
zoning and policies in the Draft
Southside Plan encourage mixed uses,
transit use, pedestrian, and bicycle
accessibility, and the provision of
limited parking (e.g., LU-D1, LU-E1,
LU-F8, LU-F10, LU-F14, T-A1, T-
A2, T-A3, T-A4, T-A5, T-C1, T-C4,
T-C5, T-C6, T-E1, T-E3, T-E4, T-G3,
T-H1). These Plan features would
help to reduce new construction-
related trips and lower regional
emissions. However, even with these
reductions, the regional emissions
associated with development
anticipated to occur with
implementation of the Plan would
exceed BAAQMD significance
thresholds. Additional measures to
reduce this impact are not available;
therefore, the Project’s regional air
quality impacts would remain
significant and unavoidable.

SU City of Berkeley
Planning and
Development and
Public Works
Department
The changes to land use and zoning
policies will be implemented with the
adoption of the Southside Plan. The
impact will continue to be Significant
and Unavoidable because adoption of
these mitigation measures will still not
mitigate the air quality within the San
Francisco Bay Area air basin.

E. Noise
There are no significant noise impacts
F. Public Facilities and Services
There are no significant public facilities
and services impacts

G. Utilities and Infrastructure
There are no significant utilities and
infrastructures impacts

Item 6B, Attachment 6
ZAB 2025-10-09

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L S A A S S O C I A T E S , I N C . B E R K E L E Y D R A F T S O U T H S I D E P L A N E I R D E C E M B E R 2 0 1 2 M I T I G A T I O N M O N I T O R I N G P R O G R A M

11 Impact Statement
Level of
Significance
Without
Mitigation Mitigation Measures
Level of
Significance
With
Mitigation
Monitoring
Responsibility
Monitoring
Timing
Verification
(Date and
Initials)
H. Paleontological and Cultural
Resources

CULT-1: Ground-disturbing activities
associated with new construction and
associated underground utility
installation could result in the
destruction of paleontological resources.

S CULT-1: Should fossils be
encountered during construction or
site preparation activities, such works
shall be halted in the vicinity of the
find. A qualified paleontologist shall
be contacted to evaluate the nature of
the find and determine if mitigation is
necessary. All feasible
recommendations of the
paleontologist shall be implemented.

Mitigation may include, but is not
limited to, in-field documentation and
recovery of the specimen(s),
laboratory analysis, the preparation of
a report detailing the methods and
findings of the investigation, and
curation at an appropriate
paleontological collections facility.

LTS City of Berkeley
Planning and
Development
Department
During demolition, grading, and
construction activity

Item 6B, Attachment 6
ZAB 2025-10-09

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12 Impact Statement
Level of
Significance
Without
Mitigation Mitigation Measures
Level of
Significance
With
Mitigation
Monitoring
Responsibility
Monitoring
Timing
Verification
(Date and
Initials)
CULT-2: Ground-disturbing activities
associated with new construction and
associated utility installation could result
in destruction of unidentified subsurface
archaeological deposits.

S CULT-2: During project-specific
environmental review for individual
development projects within the
Southside area, the City shall apply
the conditions of approval and the
criteria for determining archaeological
impacts required by the City of
Berkeley General Plan. If such a
system of review is not yet in place,
the City shall, prior to the approval of
any development pursuant to the
Project involving ground disturbance,
establish a development process with
comparable conditions of approval
and safeguards against potential
impacts to archaeological deposits.

Such conditions and safeguards may
include, but are not limited to,
archaeological sensitivity
assessments, site-specific
investigations, intensive surface
surveys, and/or subsurface
archaeological testing prior to project
clearance.

LTS City of Berkeley
Planning and
Development
Department
Prior to approval
Item 6B, Attachment 6
ZAB 2025-10-09

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L S A A S S O C I A T E S , I N C . B E R K E L E Y D R A F T S O U T H S I D E P L A N E I R D E C E M B E R 2 0 1 2 M I T I G A T I O N M O N I T O R I N G P R O G R A M

13 Impact Statement
Level of
Significance
Without
Mitigation Mitigation Measures
Level of
Significance
With
Mitigation
Monitoring
Responsibility
Monitoring
Timing
Verification
(Date and
Initials)
CULT-3: Ground-disturbing activities
associated with new construction and
associated utility installation could result
in destruction of unanticipated
archaeological discoveries.

S CULT-3: If unanticipated deposits of
prehistoric or historical archaeological
materials are encountered during
construction activities, all work within
50 feet of the discovery shall be
redirected until a qualified
archaeologist can be contacted to
evaluate the situation, determine if the
deposit qualifies as a historical or
archaeological resource, and provide
recommendations. If the deposit does
not qualify as a historical or
archaeological resource, then no
further protection or study is
necessary. If the deposit does qualify
as a historical or archaeological
resource, then the impacts to the
deposit shall be avoided by project
activities. If the deposits cannot be
avoided, adverse impacts to the
deposit must be mitigated. Mitigation
may include, but is not limited to,
archaeological data recovery. Upon
completion of the archaeological
assessment, a report should be
prepared documenting methods,
findings, and recommendations. The
report should be submitted to the City,
the project proponent, and the NWIC.

LTS City of Berkeley
Planning and
Development
Department
During construction activity
Item 6B, Attachment 6
ZAB 2025-10-09

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14 Impact Statement
Level of
Significance
Without
Mitigation Mitigation Measures
Level of
Significance
With
Mitigation
Monitoring
Responsibility
Monitoring
Timing
Verification
(Date and
Initials)
CULT-4: Ground-disturbing activities
associated with new construction and
associated utility installation could result
in destruction or disturbance of human
remains, including those interred outside
of formal cemeteries.

S CULT-4: If human remains are
encountered during construction
activities, all work within 50 feet of
the remains should be redirected and
the County Coroner notified
immediately. At the same time, an
archaeologist shall be contacted to
assess the situation. If the human
remains are of Native American
origin, the Coroner must notify the
Native American Heritage
Commission within 24 hours of this
identification. The Native American
Heritage Commission will identify a
Native American Most Likely
Descendant (MLD) to inspect the site
and provide recommendations for the
proper treatment of the remains and
associated grave goods. The
archaeologist shall recover
scientifically-valuable information, as
appropriate and in accordance with
the recommendations of the MLD.

Upon completion of the
archaeological assessment, a report
should be prepared documenting
methods and results, as well as
recommendations regarding the
treatment of the human remains and
any associated archaeological
materials. The report should be
submitted to the City, the project
proponent, and the NWIC.

LTS City of Berkeley
Planning and
Development
Department
During construction activity

Source: LSA Associates, Inc., 2009.

Item 6B, Attachment 6
ZAB 2025-10-09

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Z O N I N G

A D J U S T M E N T S

B O A R D
N o t i c e o f P u b l i c H e a r i ng
Land Use Planning Division
1947 Center Street, Second Floor, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 E-mail: [email protected]
2425 Durant Avenue
Use Permit #ZP2024-0162 to demolish three existing two-story residential buildings, including 19 rent-controlled dwelling units, and construct a 20- story (208 feet), approximately 148,940-square-foot residential building containing 169 dwelling units, including 6 Extremely Low-Income (ELI), 7 Very Low-Income (VLI), 6 Low-Income (LI), and 13 Moderate Income (MI) units, on a 9,750-square-foot lot.

The Zoning Adjustments Board of the City of Berkeley will hold a public hearing on the above matter, pursuant to Zoning Ordinance, Section 23.404.050 (Public Hearings and Decisions) When: Thursday, October 9, 2025, 7:00 pm
Where: Berkeley Unified School District meeting room , 1231 Addison Street , (wheelchair accessible) with remote/hybrid option (via Zoom).

Please visit: https://berkeleyca.gov/your-government/boards-commissions/zoning- adjustments-board and click on the hearing date to access the most up-to-date meeting information, or call the Land Use Planning division (510) 981-7410.

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH

IN-PERSON ATTENDANCE AND VIRTUAL PARTICIPATION AVAILABLE FOR MEMBERS OF THE PUBLIC.

For in-person attendees, face coverings or masks that cover both the nose and mouth are encouraged. If you’re feeling sick, please do not attend the meeting in-person as a public health precaution.

Currently, there are no physical distancing requirements in place by the State of California or the Local Health Officer for an indoor event similar to a Commission meeting. However, all attendees are requested to be respectful of the personal space of other attendees. An area of the public seating area will be designated as “distanced seating” to accommodate persons that need to distance for personal health reasons.

A. Land Use Designations:
• General Plan: RMU– Residential Mixed-Use; Southside Area Plan • Zoning: R-SMU (Residential Southside Mixed Use District) Item 6B, Attachment 7
ZAB 2025-10-09

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2425 Durant Avenue NOTICE OF PUBLIC HEARING

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File: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] B. Zoning Permits Required:

1. Demolition. BMC Section 23.326.030(B)(1)(c) “Demolition of Residential Units” to demolish residential units (UPPH)

2. New Construction. BMC Section 23.202.020 (A) “Allowed Land Uses” to construct a new multi-family building (UPPH).

3. New Floor Area. BMC Section 23.204.030(A)(1) “Floor Area Permit Requirements” to create any residential addition within the within the R-SMU and the Southside Plan boundaries (UPPH).

4. Projections Above Height Limits. BMC Section 23. 304.050 “Allowed Projections Above Height Limit “to allow for Projections Above Height Limit (AUP) C. Concessions and Waivers Requested Pursuant to State Density Bonus Law (California Government Code Section 65915):

Concessions:

1. Concession from the “Apprenticeship Requirements” in Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.040

2. Concession from the “Health Care Expenditures” in Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.050

3. Concession from the “Prevailing Wage requirements” in the Southside Plan as required by BMC Section 13.108(A)
Waivers:

1. Removal of Coast Live Oak. Waiver from BMC Section BMC Section 6.52.010 to remove a Coast Live Oak Tree

2. Usable Open Space. Waiver from BMC Section 23.202.140(E)(1)(a) for providing 1,012 sq. ft. of Usable Open Space, where 5,239 sq. ft. is required

3. FAR. Waiver from BMC Section 23.202.140(E)(1)(a) to exceed the allowable maximum FAR of 7 by allowing 14.86 FAR

4. Height. Waiver from BMC Section 23.202.140(E)(1)(a) to allow a maximum building height of 208 feet where a maximum 85 feet height with an addition of a 5 feet parapet is allowed (total allowable 90 feet maximum height)

5. Setbacks. Waiver from BMC Section 23.202.140(E)(1)(a) to reduce the required 4 feet rear setback

6. Landscaped Usable Open Space. Waiver from BMC Section 23.304.90(B)(7) for Usable Open Space landscaped area to be 0% where 40% is required

7. Long-Term Residential Bike Parking. Waiver from BMC Section 23.322.090(A)(2) to provide 72 Long-Term Residential Bike Parking spaces where 83 Long-Term Residential Bike Parking spaces are required
D. CEQA Recommendation: Categorically exempt pursuant to Section 15 332 of the CEQA Guidelines (“In-Fill Development Projects”).

E. Project Recommendation: Approve Use Permit #ZP2024-0162 pursuant to BMC Section

23.406.040(D)
F. Parties Involved:
• Applicant Yes Duffy Architects
• Property Owner 2425 Durant Avenue LLC
Item 6B, Attachment 7
ZAB 2025-10-09

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2425 Durant Avenue NOTICE OF PUBLIC HEARING

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File: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] Further Information:

All application materials are available online at:
https://aca.cityofberkeley.info/CitizenAccess/Welcome.aspx.

The Zoning Adjustments Board final agenda and staff reports will be available online 6 days prior to this meeting at: https://berkeleyca.gov/your-government/boards-commissions/zoning-adjustments- board.

Questions about the project should be directed to the project planner, Nilu Karimzadegan at (510) 981- 7430 or [email protected]
Written comments or a request for a Notice of Decision should be directed to the Zoning Adjustments Board Secretary at [email protected].

Communication Disclaimer:

Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e- mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communi cations via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.

Written Comments, Communications, and Reports:

Written comments must be directed to the ZAB Secretary at the Land Use Planning Division (Attn: ZAB Secretary), or via e-mail to: [email protected]. All materials will be made available via the Zoning Adjustments Board Agenda page online at this address: https://berkeleyca.gov/your- government/boards-commissions/zoning-adjustments-board
All persons are welcome to attend the hearing and will be given an opportunity to address the Board.

Comments may be made verbally at the public hearing and/or in writing before the hearing. The Board may limit the time granted to each speaker.

Correspondence received by 5:00 PM, eight days before this public hearing, will be provided with the agenda materials provided to the Board. Note that if you submit a hard copy document of more than 10 pages, or in color, or with photos, you must provide 15 copies. Correspondence received after this deadline will be conveyed to the Board in the following manner:
• Correspondence received by 5:00 PM, two days before this public hearing, will be conveyed to the Board in a Supplemental Communications and Reports #1, which is released around noon one day before the public hearing.
• Correspondence received by 12:00 PM, the day of this public hearing, will be conveyed to the Board in a Supplemental Communications and Reports #2, which is released around noon the day of the public hearing.
• Correspondence received after 12:00 PM, the day of this public hearing will be saved in the project administrative record.

Item 6B, Attachment 7
ZAB 2025-10-09

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2425 Durant Avenue NOTICE OF PUBLIC HEARING

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File: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] Accessibility Information / ADA Disclaimer:

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6342 (V) or 981-6345 (TDD) at least three business days before the meeting date.

SB 343 Disclaimer:

Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be made available to the public. Please contact the Land Use Planning Division ([email protected]) to request hard-copies or electronic copies.

Notice Concerning Your Legal Rights:

If you object to a decision by the Zoning Adjustments Board regarding a land use permit project, the following requirements and restrictions apply:

1. If you challenge the decision of the City in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice.

2. You must appeal to the City Council within 14 days after the Notice of Decision of the action of the Zoning Adjustments Board is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.

3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than 90 days after the date the decision becomes final, as defined in Code of Civi l Procedure Section 1094.6(b). Any lawsuit not filed within that 90-day period will be barred.

4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and th at any challenge must be filed within this 90-day period.

5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, the following requirements apply:
a. That this belief is a basis of your appeal.
b. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.
c. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above. If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.

Item 6B, Attachment 7
ZAB 2025-10-09

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2425 Durant Community Meeting
Pre-Appl ica tion Neigh borh ood Contact M eeting
September 23, 2024 from 5:30-6:30pm
Virtual Meeting held over Zoom
Attendees:

1. Current Tenant (Bonnie)

2. Current Tenant (Anonymous)
General Questions:
• When will the demo permit be approved?
o Earliest = Summer 2026
• Rent Board has sent a letter to tenants that they cannot be evicted without good cause • Who is responsible for tenant accommodation & re-locations during the construction? o CollabHome will be responsible for tenant accommodations and re-locations during the construction phase of the proposed project. CollabHome has initiated conversations with tenants about their interest in future tenancy at this site, re- location accommodations, and right of first refusal for the 19 below-market-rate units that will be replaced in the proposed project.
o Tenant Notification Letters from project received by some tenants. o There will be a second Tenant Notification Letter sent in the coming weeks that will provide more information.
o Tenant Notification Letters will be posted to apartment unit doors before the Use Permit application is submitted to the City.

Item B, Attachment 8
ZAB 2025-10-09

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Community Meeting:
2425 Durant Avenue Project
Date & Time: Monday, September 23rd, 2024, at 5:30 PM
Meeting Location: via Zoom (www.zoom.com)
Meeting ID: 529 370 2335
Passcode: 2425
Please join the project team for an update regarding the progress of the proposed project located at 2425 Durant Avenue. This will be a virtual meeting, held exclusively over Zoom. Please go to www.zoom.com and use the following information to login: Meeting ID: 529 370 2335, Passcode: 2425. The meeting can also be accessed with the following phone numbers: 1 (408) 638-0968 or 1 (669) 444-9171 and then enter the Meeting ID and Passcode above. We look forward to speaking with you on September 23rd.

Sincerely,
2425 Durant Avenue, LLC | 510-545-4341 | [email protected] Item B, Attachment 8
ZAB 2025-10-09

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Item B, Attachment 8
ZAB 2025-10-09

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Attachment 4

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
ZAB APPEAL: 2425 Durant Avenue, Use Permit #ZP2024-0162 The public may participate in this hearing by remote video or in-person.

Notice is hereby given by the City Council of the City of Berkeley that on Monday, February 23, 2026 at 6:00 P.M. a public hearing will be conducted to consider an appeal against a decision by the Zoning Adjustments Board approving Use Permit ZP#2024-0162 to demolish three existing two-story residential buildings, including 19 rent-controlled dwelling units, and construct a 20-story (208 feet), approximately 148,940-square-foot residential building containing 169 dwelling units, including 6 Extremely Low-Income (ELI), 7 Very Low- Income (VLI), 6 Low-Income (LI), and 13 Moderate Income (MI) units, on a 9,750-square- foot lot.

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

For further information, please contact Nilu Karimzadegan, Senior Planner at (510) 981- 7430.

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of February 11, 2026. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

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

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e- mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information. __________________________________
Mark Numainville, City Clerk
Mailed by: February 9, 2026
Noticed Pursuant to: Berkeley Municipal Code Section 23.404.040(B), Public Hearing Notice

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Attachment 4
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5) an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6, no lawsuit challenging a City decision to deny or approve a Board or Commission decision may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a Board or Commission decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

If you challenge the above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Berkeley at, or prior to, the public hearing. Background information concerning this proposal will be available by request from the City Clerk Department and posted on the City of Berkeley webpage prior to the public hearing.

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Administrative Record
This attachment is on file and available for review at
the City Clerk Department, or can be accessed from
the City Council Website. Copies of the attachment
are available upon request.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
or from:

The City of Berkeley’s Website
http://www.berkeleyca.gov
Attachment

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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 23, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Zoning Adjustments Board Appeal: 2029 University Avenue, Use Permit Application #ZP2024-0182 (Student Housing-Oriented)

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 #ZP2024-0182, to demolish an existing two-story commercial building and a ten-car garage structure on a 12,385-square-foot lot and to construct a 23-story (256-feet-tall plus a 5-foot parapet) approximately 191,922-square-foot residential building, containing 160 dwelling units including 12 Very Low-Income (VLI), and 12 Moderate Income (MI) units. The proposed project provides 29 off-street parking spaces, 167 Long-term and 10 Short-Term bike parking spaces.

SUMMARY
On November 13, 2025, the ZAB approved Use Permit #ZP2024-0182 to demolish an existing two-story commercial building and a ten-car garage structure on a 12,385- square-foot lot and to construct a 23-story (256-feet-tall plus a 5-foot parapet) approximately 191,922-square-foot residential building. 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 December 1, 2025, the ZAB’s decision was appealed by the Building and Construction Trades Council of Alameda County, AFL-CIO (“Trades Council”) and the Northern California Carpenters Regional Council (“Carpenters”) (together, “Appellants”).

Appellants contend that the City should deny the Applicant’s request to use state Density Bonus Law concessions to waive compliance with the requirements of the apprenticeship requirements and health care expenditure provisions of the City’s HARDHATS Ordinance (codified at Berkeley Municipal Code Sections 13.107.040 and

13.107.050, respectively), , because these concessions are noncompliant with state law. Specifically, Appellants claim (1) that these regulations are not the proper subject of concessions and, in the alternative, that (2) they are subject to the exemption in

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Government Code Section 65915(d)(1)(B) because they pose a specific, adverse impact on public health and safety.

As further discussed below, staff find that these concessions are proper and that the City cannot make the factual findings necessary to deny them.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
On December 10, 2024, the applicant submitted Preliminary Use Permit application pursuant to SB330 (PLN#2024-0070).

On December 19, 2024, the applicant submitted a Use Permit application (ZP#2024- 0182).

On January 9, 2025, the applicant vested a complete Preliminary Use Permit application pursuant to SB330 (PLN#2024-0070).

On May 22,2025, the Use Permit application was deemed complete.

On September 4, 2025, Landmarks Preservation Commission (LPC) held a public hearing on the demolition referral of the existing building to be demolished, took no action to initiate a Landmark or Structure of Merit designation and recommended that the ZAB approve the demolition.

On October 16, 2025, Design Review Committee (DRC) held a public meeting for the design review of the proposed project and provided a favorable recommendation to the ZAB with recommendations for Final Design Review.

On October 30, 2025, the City mailed notices for the scheduled Zoning Adjustments Board (ZAB) public hearing to property owners and occupants within 300 feet of the project site, as well as to interested neighborhood organizations.

On November 13, 2025, the ZAB held a public hearing for the Use Permit and received additional public comments. See Attachment 3 for the staff report submitted for ZAB consideration. Opponents raised concerns regarding the HARDHATS concessions, contending that these concessions pose specific adverse impact upon public health and safety. After considering the staff report, the administrative record, and hearing comments from staff, the applicant, and the members of the public, the ZAB voted to approve the project with a 5-1-0-2 vote (Moved Sanderson, Second: Palmatier. Ayes:

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Duffy, Palmatier, Sanderson, Gaffney, Allen; Noes: Thompson; Abstain: None; Absent:

Yung, Choi).

On December 1, 2025, the Building and Construction Trades Council of Alameda County, AFL-CIO (“Trades Council”) and the Northern California Carpenters Regional Council (“Carpenters”) (together, “Appellants”), filed an appeal of the ZAB’s decision to approve the project.

BACKGROUND
The subject property is an approximately 12,385-square-foot, interior lot on the north side of the 2000-block of University Avenue, between Shattuck Avenue and Milvia Street. It is a flat, rectangular-shaped parcel, 114- feet-deep, 108 feet-wide, with street frontage facing University Avenue to the south. It includes one, 9,401-square-foot, two- story non-residential building containing five commercial spaces in the front and a detached ten-car garage structure in the rear of the lot, both proposed to be demolished. A covered driveway connects the curb cut on University Avenue to the garage building in the rear. The project site is located along University Avenue, west of Shattuck Avenue within the Downtown Mixed-Use District (C-DMU), Outer Core Sub- Area, as identified in the City’s Downtown Area Plan (DAP; see Figure 1). The project site is surrounded primarily by commercial and multi-family residential/mixed-use buildings ranging in height from one story to eight stories. The project site is served by several modes of public transportation—including multiple AC Transit bus lines on University Avenue, and the Downtown Berkeley BART station, which is located 0.3 mile to the southeast of the site—as well as a nearby bike share station.

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Figure 1: Vicinity and Zoning Districts Map
The proposed project involves demolishing an existing two-story commercial building and a ten-car garage structure to construct a 23-story residential building (256 feet tall plus a 5-foot parapet), totaling approximately 191,922 square feet. The building would contain 160 dwelling units, including 60 studios, 20 one-bedrooms, and 20 three- bedrooms, 60 four-bedrooms for a total of 380 bedrooms. The project also includes 29 off-street parking spaces located on the second-floor garage, as well as a roof deck, fitness center, and lounge area on Level 23.

Project Site
Shattuck Ave
Berkeley Way
University Ave

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Figure 2: Existing Street View (University Avenue)
Figure 3: Typical Floor Plan

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Figure 4: The Proposed Project Rendering
Senate Bill 330 (Housing Crisis Act of 2019) and State Density Bonus 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 80 units. By proposing 12 very low-income (VLI) units and 12 Moderate Income (MI) units, 30% of the total base units, the project qualifies for a 100% density bonus, increasing the maximum allowable density to 80 additional units above the base density for a total of 160 dwelling units. (See Table 1: Density Bonus)

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Table 1: Density Bonus
Base Project
Units a
Qualifying
Units
Percent Density
Bonus Number of Density Bonus Units a
Propose
d Project
Units a
80 24
[12 VLI (15%
of Base) + 12
MI (15% of
Base)]
100 80 160
Notes:
a Pursuant to Government Code 65915(q), all unit calculations are rounded up to the next whole number.

Abbreviations: % = percent
Concessions are defined in Government Code Section 65915(k) as a reduction in site development standards; approval of mixed-use zoning in certain instances; or any other regulatory incentive that results in identifiable and actual cost reductions. Pursuant to California Government Code Section 65915(d)(1), the City may only deny the concession if it makes a written finding, based on substantial evidence, that the concession does not result in identifiable and actual cost reductions; the concession would have a specific adverse impact upon public health and safety 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 the concession would be contrary to state or federal law.

The project is entitled to three concessions (or incentives) under Government Code Section 65915 (d), and an unlimited number of waivers under Section 65915 (e).

1. Concession. Exemption from the “Apprenticeship Requirements” in Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.040.

2. Concession. Exemption from the “Health Care Expenditures” in Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.050.

3. Concession. Exemption from the “Bird Safe Building” requirement as required by BMC 23.304.150.

A waiver is a modification of a development standard that would otherwise physically preclude the construction of the project with the permitted density bonus and

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concessions. 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.

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

1. Usable Open Space. Waiver of BMC Section 23.204.140(E)(4) for providing 2,055 square feet of Usable Open Space, where 19,200 square feet is required.

2. Landscaped Usable Open Space. Waiver of BMC Section 23.304.90 for Usable Open Space landscaped area to be 27 (0.0014%) square feet where 7,680 square feet (40%) is required.

3. Height. Waiver of BMC Section 23.204.130(E)(1)(a) to exceed building height limits—to be 256 feet, plus a 5-foot parapet while 75 feet (plus 5-foot parapet by right) is the allowable height with a Use Permit.

4. Setbacks. Waiver of BMC Section 23.204.130(E) to reduce the front side setback requirement to 0 feet, where 15 feet is the minimum, between 76 to 120 feet in height.

5. Setbacks. Waiver of BMC Section 23.204.130(E) to reduce the interior side setback requirement on the Floors 3 to 22 to 10 feet, where 15 feet is the minimum, between 76 to 120 feet over 65 feet from lot frontage.

6. Setbacks. Waiver of BMC Section 23.204.130(E) to reduce the rear setback requirement to 6.5 feet on the Floor 3-22, where 15 feet is the minimum, between 76 to 120 feet in height.

7. Setbacks. Waiver of BMC Section 23.204.130(E) to reduce the rear setback requirement to 6.5 feet on the Floor 3-22, where 15 feet is the minimum, over 120 feet in height.

8. Building’s width. Waiver of BMC Section 23.204.130(E)(3)(d) for the building’s width over 120 feet of height, to be 139 feet, 6 inches at the widest point (on the diagonal in plan review) where maximum width allowed is 120 feet.

9. Projections Above Height Limits. Waiver of BMC Section 23.304.050 “Allowed Projections Above Height Limit “to allow for Projections Above Height Limit (AUP)

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

I. The HARDHATS Ordinance Are Proper Concessions under the Density Bonus Law.

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As discussed above, the SDBL requires municipalities to award a density bonus when a developer agrees to dedicate a certain percentage of the overall units in a development to affordable housing. Developers of these projects are entitled to request a certain number of incentives or concessions, which municipalities must grant absent limited exceptions. (Gov. Code § 65915(d).)
A concession or incentive is regulatory relief that a developer can use to reduce the costs of building affordable housing. (See id. § 65915(d)(1).) A concession under the SDBL can be a reduction in site development standards or a modification of zoning code requirements or architectural design requirements or approval of mixed-used zoning in compatible areas not already so zoned. (Id. § 65915(k)(1-2).) Another appropriate subject of a concession is any “other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs…” (Gov.

Code § 65915(k)(3).)
As discussed above, the Applicant has requested the following three concessions:
(1) Exemption from the “Apprenticeship Requirements” in Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.040
(2) Exemption from the “Health Care Expenditures” in Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section

13.107.050
(3) Exemption from the “Bird Safe Building” as required by BMC Section 23.304.150 Appellants argue that the provisions regarding Apprenticeship Requirements (BMC Section 13.107.040) and Health Care Expenditures (BMC Section 13.107.050) are not the appropriate subject of a concession because they do not pertain to development standards. However, under the plain language of the SDBL, a concession need not be related to the physical characteristics of the development; rather, Section 65915(k)(3) is a catch-all provision that provides a concession may be a waiver of any regulation if such waiver results in identifiable and actual cost reductions to the Applicant. (See Gov.

Code § 65915(k)(3).)
Therefore, each of the concessions requested here is appropriate because each requests relief from a regulation where such relief would result in identifiable and actual cost reductions to the Applicant.

First, BMC Section 13.107.040 requires participation in qualified apprenticeship programs, which adds administrative, labor, and financial obligations beyond standard construction practices. The Applicant has reported to the City that this concession would result in cost savings of $1,893,000.

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Next, BMC Section 13.107.050 requires developers to provide health care expenditures on behalf of each covered construction worker in addition to hourly wages. The Applicant has reported to the City that this concession would result in cost savings of $2,839,000.

This results in total savings of $4,732,000. Accordingly, each of the requested concessions would result in “actual” and “identifiable” cost reductions to the Applicant.

II. None of the State Density Bonus Law Exceptions Apply.

The SDBL mandates that cities grant a requested concession or incentive, subject to the following very limited exceptions:
(A) The concession or incentive does not result in identifiable and actual cost reductions…to provide for affordable housing costs…
(B) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety… for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
(C) The concession or incentive would be contrary to state or federal law. (Gov. Code, § 65915(d)(1)(emphasis added).) Notably, the City “bears the burden of proof for the denial of a requested concession or incentive.” (Gov. Code § 65915(d)(4).) The Appellant asserts both that the requested concessions would not result in identifiable and actual cost reductions and that the concessions would have a specific, adverse impact upon public health and safety.

A. The City cannot show that requested concessions would not result in identifiable and actual cost reductions.

As stated above, the City could permissibly reject any of the three requested concessions upon a finding based on substantial evidence that they would not result in “identifiable and actual cost reductions.” (Gov. Code, § 65915(d)(1)(A).) Staff advise, however, that the City cannot make this showing. Consistent with Section 65915(a)(2), subsequent to the filing of this Appeal the City requested reasonable documentation from the Applicant regarding the cost reductions that would accrue from each of the three concessions at issue. As discussed above, the information from the Applicant confirms that each of the three requested concessions would result in identifiable and actual cost reductions. The City has no information to make any findings

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otherwise and thus cannot make a finding based on substantial evidence that this exception applies.

B. The City cannot meet its statutory burden to show that the requested concessions would have a specific, adverse impact upon public health and safety.

Next, the City could permissibly deny the concessions if it made findings supported by substantial evidence that the concessions would have a “specific, adverse impact” upon public health and safety. (Gov. Code, § 65915(d)(1)(B).) “Specific, adverse impact” is defined as “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” (Gov. Code, § 65589.5(d)(2).) “It is the intent of the Legislature that the conditions that would have a specific, adverse impact upon the public health and safety…arise infrequently.” (Gov. Code, § 65589.5, subd. (a)(3).

Staff advise that based on this standard, Appellants have not provided adequate evidence that the concessions at issue meet the criteria for a “specific, adverse impact,” nor does the City have other sufficient evidence on which to make such a finding.

Therefore, staff advise that the City cannot make a finding based on substantial evidence that this exception applies.

For these reasons, staff recommend that the appeal be dismissed.

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
This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code Section 21000, et seq. and California Code of Regulations, Section 15000, et seq.) pursuant to Section 15332 (“Infill Development Project”) of the CEQA Guidelines. It is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The project site, located within city limits on fewer than five acres and surrounded by urban uses, has no habitat value for endangered, rare, or threatened species. Its approval would not cause significant impacts related to traffic, noise, air quality, or water quality, and the site can be adequately served by required utilities and public services. Furthermore, none of the CEQA Guidelines Section 15300.2 exceptions apply: the site is not in an environmentally sensitive area;

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cumulative impacts would not be significant; no unusual circumstances exist that would cause environmental effects; it is not near a designated scenic highway; it is not listed under Government Code Section 65962.5; and the project would not substantially affect any historical resource

CONTACT PERSON
Jordan Klein, Director, Planning & Development Department, (510) 981-7534 Anne Hersch, Land Use Planning Manager, (510) 981-7411
Nilu Karimzadegan, Senior Planner, (510) 981-7430
Attachments:
1: Draft Resolution
Exhibit A: Findings, November 13, 2025
Exhibit B: Conditions, November 13, 2025
Exhibit C: Project Plans, October 2, 2025
2: ZAB Decision Appeal Letter, received December 1, 2025 3: ZAB Packet (Staff Report and attachments), dated November 6, 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 #ZP2024-0182 TO DEMOLISH AN EXISTING TWO-

STORY COMMERCIAL BUILDING AND A TEN-CAR GARAGE STRUCTURE ON A 12,385-SQUARE-FOOT LOT AND TO CONSTRUCT A 23-STORY (256-FEET-TALL PLUS A 5-FOOT PARAPET) APPROXIMATELY 191,922-SQUARE-FOOT RESIDENTIAL BUILDING CONTAINING 160 DWELLING UNITS INCLUDING 12 VERY LOW-INCOME (VLI), AND 12 MODERATE INCOME (MI) UNITS FOR A 100% DENSITY BONUS. THE PROPOSED PROJECT PROVIDES 29 OFF-STREET PARKING SPACES, 167 LONG-TERM AND 10 SHORT-TERM BIKE PARKING SPACES WHEREAS, on December 10, 2024, the applicant submitted Preliminary Use Permit application pursuant to SB330 (PLN#2024-0070); and
WHEREAS, on December 19, 2024, the applicant submitted a Use Permit application (ZP#2024-0182); and
WHEREAS, on January 9, 2025, the applicant vested a complete Preliminary Use Permit application pursuant to SB330 (PLN#2024-0070); and
WHEREAS, on May 22, 2025, the Use Permit application was deemed complete; and WHEREAS, on September 4, 2025, Landmarks Preservation Commission (LPC) held a public hearing on the demolition referral of the existing building to be demolished and took no action to initiate a Landmark or Structure of Merit designation and recommended that the ZAB approve the demolition; and
WHEREAS, on October 16, 2025, Design Review Committee (DRC) held a public meeting for the design review of the proposed project and provided a favorable recommendation to the ZAB with recommendations for Final Design Review; and WHEREAS, on October 30, 2025, the City mailed public hearing notices for the scheduled Zoning Adjustments Board (ZAB) public hearing to property owners and occupants within 300 feet of the project site, as well as to interested neighborhood organizations; and WHEREAS, on November 13, 2025, the ZAB held a public hearing for the Use Permit and received additional public comments and voted to approve the project with a 5-1-0-2 vote; and
WHEREAS, on December 1, 2025, the Building and Construction Trades Council of Alameda County, AFL-CIO (“Trades Council”) and the Northern California Carpenters Regional Council (“Carpenters”), filed an appeal of the ZAB’s decision to approve the project; and

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WHEREAS, on or before February 9, 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 23, 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 #ZP2024-0182; adopts the Findings in Exhibit A; adopts the Conditions of Approval in Exhibit B; and adopts the project plans in Exhibit C.

Exhibits
A: Findings, November 13, 2025
B: Conditions of Approval, November 13, 2025
C: Project Plans, dated October 2, 2025

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Attachment 1, Exhibit A
Zoning Adjustments Board Findings
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 Email [email protected]
Project Facts Project Description:

Use Permit #ZP2024-0182 to demolish an existing two-story commercial building and a ten-car garage structure on a 12,385-square-foot lot and to construct a 23-story (256-feet- tall plus a 5-foot parapet) approximately 191,922-square- foot residential building containing 160 dwelling units including 12 Very Low-Income (VLI), and 12 Moderate
Income (MI) units for a 100% density bonus. The proposed project provides 29 off-street parking spaces, 167 Long- term and 10 Short-Term bike parking spaces.

Applicant: Rhoades Planning Group
Property Owner: Mohammad Talai
& Kokab Talai
Project Address: 2029 University
Avenue
General Plan:

DT (Downtown Mixed-Use)
Area Plan: Downtown Area Plan
Zoning: C-DMU Outer Core
(Downtown Mixed-Use district)
Site Size: 12,385 square feet (0.28
acre)
CEQA: Section 15332 (“In-Fill
Development Projects”)
Application Submittal Date: December 19,
2024
Zoning Permits Requested:

APP # ZP2024-0182
Use Permit for a Project at 2029 University Avenue (Student- Oriented)
November 13, 2025

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 FINDINGS November 13, 2025 Page 2 of 9

1. Demolition. BMC Section 23.326.070(A) “Demolitions of Non- Residential Buildings” to demolish a non-residential building (UPPH)*

2. New Construction. BMC Section 23.204.020 (A) “Allowed Land Uses” to construct a new multi-family building (UPPH).

3. New Floor Area. BMC Section 23.204.030(A)(1) “Floor Area Permit Requirements” to create any residential addition within the within the C-DMU (UPPH).

4. Height. BMC Section 23.204.130(E)(1)(a) “Height Limits” to increase the maximum building height limit to 75’ (plus 5’ parapet, by right) (UPPH).

5. Setbacks. BMC Section 23.204.130(E)(3)(b) “Modifications to Standards” to modify front, side, and rear setback requirements (UPPH).

6. Projections Above Height Limits. BMC Section 23. 304.050 “Allowed Projections Above Height Limit “to allow for
Projections Above Height Limit (AUP)
Density Bonus:

SB330 Pre-Application Vest Date:

December 10, 2024
Use Permit Application Completion Date:

May 22, 2025
Project Planner: Nilu Karimzadegan
Waivers

1. Usable Open Space. Waiver of BMC Section

23.204.140(E)(4) for providing 2,055 square feet of Usable Open Space,
where 19,200 square feet is required.

2. Landscaped Usable Open Space. Waiver of BMC Section

23.304.90 for Usable Open Space landscaped area to be 27 (0.0014%) square feet where 7,680 square feet (40%) is
required.

3. Height. Waiver of BMC Section 23.204130(E)(1)(a) to exceed building height limits—to be 256 feet, plus a 5-foot parapet while 75 feet (plus 5-foot parapet by right) is the allowable height with a Use Permit.

4. Setbacks. Waiver of BMC Section 23.204.130(E) to reduce the front side setback requirement to 0 feet, where 15 feet is the minimum, between 76 to 120 feet in height.

6. Setbacks. Waiver of BMC Section 23.204.130(E) to reduce the rear setback requirement to 6.5 feet on the Floor 3-22,

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 FINDINGS November 13, 2025 Page 3 of 9
where 15 feet is the minimum, between 76 to 120 feet in height.

7. Setbacks. Waiver of BMC Section 23.204.130(E) to reduce the rear setback requirement to 6.5 feet on the Floor 3-22, where 15 feet is the minimum, over 120 feet in height.

9. Projections Above Height Limits. Waiver of BMC Section

23. 304.050 “Allowed Projections Above Height Limit “to allow for Projections Above Height Limit (AUP)
Concessions

1. Concession. Exemption from the “Apprenticeship
Requirements” in establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC
Section 13.107.040

2. Concession. Exemption from the “Health Care
Expenditures” in establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC
Section 13.107.050

3. Concession. Exemption from the “Bird Safe Building” requirement as required by BMC 23.304.150
Staff Recommendation:

Staff recommends that the Zoning Adjustments Board (ZAB) determine that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code Section 21000, et seq. and California Code of Regulations, Section15000, et seq.) pursuant to CEQA Guidelines Section 15332 (“In-Fill Development Projects”) and approve ZP2025-0181 pursuant to Section 23.406.040(D) “Use Permits” and subject to the attached Findings and Conditions of Approval.

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 FINDINGS November 13, 2025 Page 4 of 9
I. CEQA FINDINGS
As required by CEQA Section 15332 (“Infill Development Project”) of the CEQA Guidelines, the ZAB finds that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code Section 21000, et seq. and California Code of Regulations, Section 15000, et seq.) because:
• The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. • The project site is within city limits on a project site of fewer than five acres that is substantially surrounded by urban uses.
• The project site has no value as habitat for endangered, rare or threatened species. • Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
• The site can be adequately served by all required utilities and public services.

Additionally, none of the exceptions to eligibility for a categorical exemption as listed under CEQA Guidelines Section 15300.2, apply to the project.

Evidence: Though the project is located within the City’s Environment Management Area (EMA), which are areas in the City of Berkeley known or suspected to have groundwater contamination, it is not located in an environmentally sensitive area; the cumulative impact of successive projects of the same type in the same place over time will not be significant; there are no “unusual circumstances” at the project site that will result in significant environmental effects; there are no designated scenic highways in the City of Berkeley and the project site is not in view of a state scenic highway; the site is not included on a list compiled pursuant to Section 65962.5 of the Government Code; and the project would not result in a substantial adverse change in the significance of a historical resource.

Prior to making the CEQA determination for the project, staff reviewed all of the evidence in the record, including the project application materials, plans and technical reports including Air Quality Analysis, Noise impacts Analysis, Water Quality Memorandum, Historic Resource Evaluation and Phase I Analysis.

Historic Resource Evaluation prepared by Left Coast Architectural History, dated October 18, 2023 concluded that based on their evaluation, the property is not historically significant at either the local or State level and therefore does not qualify as a historic resource for the purposes of the California Environmental Quality Act.

II. FINDINGS FOR APPROVAL

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1) As required by BMC Section 23.406.040 (E)(1) “Findings for Approval”, the ZAB finds that the
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; Evidence: The project is consistent with all applicable C-DMU Outer Core District standards and qualifies for concessions and waivers for the listed district standards granted pursuant to State Density Bonus, Government Code, Section 65915. (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 adjacent properties, surrounding improvements, the neighborhood, or the general welfare of the city, it will enhance the immediate and surrounding areas by replacing an underutilized Housing Opportunity Site with a new development consisting of 160 units. This includes a significant affordable housing component: 12 units for Very Low-Income (VLI) households, and 12 for Moderate-Income (MI) households. By substantially increasing the housing supply and providing a range of affordability levels, the project contributes meaningfully to both local and regional housing needs. Additionally, the project complies with all applicable state and local objective planning standards.

Sunlight: The additional height above the district limits (75 feet with Use Permit plus 5 feet by-right parapet) from the density bonus will cast shadows in the affected directions further than if the project were limited to the base district height standards. The proposal will include waivers for additional height beyond the district height limits to accommodate the density bonus units and allow a 256-foot-tall (plus 5-foot parapet), 23-story building.

Overall, the shadow impacts from the project will be reasonable and not detrimental.

According to the shadow studies submitted for the project, new shadow impacts will occur:
a) in the winter months in the hours of after sunrise on the residential buildings on the north-west, around noon on the residential buildings on the north and in the hours of before sunset on the residential buildings on the north and north-east ; b) in the summer months in the hours of after sunrise on the residential buildings on the west, in the hours around noon on the residential buildings on the north and in the hours before sunset on the residential buildings on the east and southeast; and c) at the time of application preparation (March) in the hours of after sunrise on the residential buildings on the north- west, around noon on the residential buildings on the north, and in the hours of before sunset on the residential buildings on east. All other new shadows will impact non- residential buildings in the vicinity. The extent of the new shadow impact from the project on the site’s adjacent areas will be limited to a few hours of the day during certain times of the year, will not be unreasonable for a development in the dense, Downtown Area plan that allows building heights up to 120 feet with 0 to 15-foot setbacks from property lines depending on the height and distance to lot frontage.
2) As required by BMC Section 23.406.040 (E)(2) “Findings for Approval”, 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:

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 FINDINGS November 13, 2025 Page 6 of 9
a) Pursuant to BMC Section 23.326.070(D) “Demolition of Non-residential Buildings” A Use Permit or an AUP for demolition of a main building used for non-residential purposes on any lot or an accessory building located on a lot in a non-residential district may be approved only if the ZAB or the Zoning Officer finds that:

1. The demolition will not be materially detrimental to the commercial needs and public interest of any affected neighborhood or the City of Berkeley; and

2. The demolition:
(a) Is required to allow a proposed new building or other proposed new use; (b) Will remove a building which is unusable for activities which are compatible with the purposes of the district in which it is located or which is infeasible to modify for such uses;
(c) Will remove a structure which represents an uninhabitable attractive nuisance to the public; or
(d) Is required for the furtherance of specific plans or projects sponsored by the City of Berkeley or other local district or authority upon a demonstration by the applicant that it would be infeasible to obtain prior or concurrent approval for the new construction or new use. (Ord. 7924-NS § 1, 2024: Ord. 7787-NS § 2 (Exh. A), 2021) Evidence: The proposed demolition is necessary to facilitate the construction of a new residential development consisting of 160 units on a designated Opportunity Site. This new use supports the City of Berkeley’s housing goals and aligns with the public interest by contributing to the supply of housing in a high-priority area. The existing structure must be removed to accommodate the proposed project, satisfying the requirement that demolition is necessary to allow a new building or use, as outlined in Section

23.326.070(D)(2)(a).
b) As required by Government Code Section 65915 (State Density Bonus), the Zoning Adjustments Board finds that:

Under the City’s methodology for implementing density bonuses, the base project consists of 80 units. The project will provide at least and 12 Very Low-Income (VLI) and 12 Moderate-Income (MI) BMR units on site qualifying units in the 80-unit base project, as more fully set forth in Condition “Number of Below Market Rate Units”. 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 100% or 80 units above the base project, for a total of up to 160 units. i. 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:

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 FINDINGS November 13, 2025 Page 7 of 9
 Concession 1. Exemption from the “Apprenticeship Requirements” in establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.040
 Concession 2. Exemption from the “Health Care Expenditures” in establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.050
 Concession 3. Exemption from the “Bird Safe Building” requirement as required by BMC 23.304.150
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 grants the following concessions and 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.
ii. 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.
 Usable Open Space. Waiver of BMC Section 23.204.140(E)(4) for providing 2,055 square feet of Usable Open Space, where 19,200 square feet is required.
 Landscaped Usable Open Space. Waiver of BMC Section 23.304.90 for Usable Open Space landscaped area to be 27(0.0014%) square feet where 7,680 square feet (40%) is required.
 Height. Waiver of BMC Section 23.204130(E)(1)(a) to exceed building height limits—to be 256 feet, plus a 5-foot parapet while 75 ft. (plus 5-foot parapet by right) is the allowable height with a Use Permit.  Setbacks. Waiver of BMC Section 23.204.130(E) to reduce the front side setback requirement to 0 feet, where 15 feet is the minimum, between 76 to 120 in height.
 Setbacks. Waiver of BMC Section 23.204.130(E) to reduce the interior side setback requirement on the Floors 3 to 22 to 10 feet, where 15 feet is the minimum, between 76 to 120 feet over 65 feet from lot frontage.  Setbacks. Waiver of BMC Section 23.204.130(E) to reduce the rear setback requirement to 6.5 feet on the Floor 3-22, where 15 feet is the minimum, between 76 to 120 feet in height.
 Setbacks. Waiver of BMC Section 23.204.130(E) to reduce the rear setback requirement to 6.5 feet on the Floor 3-22, where 15 feet is the minimum, over 120 feet in height.
 Building’s width. Waiver of BMC Section 23.204.130(E)(3)(d) for the building’s width over 120 feet of height, to be 139’-6” at the widest point

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 FINDINGS November 13, 2025 Page 8 of 9
(on the diagonal in plan review) where maximum width allowed is 120 feet.
 Projections Above Height Limits. Waiver of BMC Section 23. 304.050 “Allowed Projections Above Height Limit “to allow for Projections Above Height Limit (AUP)
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. c) As required by the Housing Accountability Act, Government Code Section 65589.5(j), when 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 density 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 “housing development project” with at least two-thirds of the floor area in residential use. Because the 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.
3) As required by BMC Section 23.406.040 (E)(3) “Findings for Approval”, the ZAB considers the following (a and b) in making findings:
(a) The proposed land use
Evidence: The proposed land use meets the findings for approval because the project’s residential use is consistent with the purposes of the Downtown Mixed-Use areas as outlined in the General Plan’s Land Use Element. This identifies the need to provide high-density residential development and residential units to meet the housing needs of the City of Berkeley on a transit-served site contributing to local and regional housing needs 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 a twenty three-story residential project with its compliant Base Project with the undelaying zoning standards will accommodate the use

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 FINDINGS November 13, 2025 Page 9 of 9
because it will fulfill both the district purposes and contribute to local and regional housing needs and is consistent with the development standards of the C-DMU zoning district.
4) As required by BMC Section 23.406.040 (E)(4) “Findings for Approval”, the ZAB makes the required findings based on the circumstances existing at the time a decision is made on the application.

Evidence: The application has been reviewed based on the current zoning standards, general plan policies, environmental conditions, and site context as of the date of the decision. The project is consistent with the allowed uses outlined in the C-DMU zone.

Surrounding land uses and structures surrounding the site are based on current information.
5) As required by BMC Section 23.406.040 (E)(5) “Findings for Approval”, the ZAB shall deny a Use Permit application if it determines that it is unable to make any of the required findings
Evidence: This finding does not apply because
all required findings can be made based
on submitted application material, documents and staff analysis.

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Attachment 1, Exhibit B
Conditions of Approval

1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 Email [email protected]
APP # ZP2024-0182 November 13, 2025
Use Permit for a Project at 2029 University Avenue (Student-Oriented) Project Facts Project Description:

Applicant: Rhoades Planning Group
Property Owner: Mohammad Talai
& Kokab Talai
Project Address: 2029 University
Avenue
General Plan:

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 USE PERMIT CONDITIONS November 13 Page 2 of 27
File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

1. Demolition. BMC Section 23.326.070(A) “Demolitions of Non-Residential Buildings” to demolish a non-residential building (UPPH)*

2. New Construction. BMC Section 23.204.020 (A) “Allowed Land Uses” to construct a new multi-family building
(UPPH).

3. New Floor Area. BMC Section 23.204.030(A)(1) “Floor
Area Permit Requirements” to create any residential
addition within the within the C-DMU (UPPH).

4. Height. BMC Section 23.204.130(E)(1)(a) “Height Limits” to increase the maximum building height limit to 75’ (plus 5’ parapet, by right) (UPPH).

5. Setbacks. BMC Section 23.204.130(E)(3)(b) “Modifications to Standards” to modify front, side, and rear setback
requirements (UPPH).

6. Projections Above Height Limits. BMC Section 23.
304.050 “Allowed Projections Above Height Limit “to
allow for Projections Above Height Limit (AUP)
Density Bonus:

SB330 Pre-Application Vest Date:

December 10, 2025
Use Permit Application Completion Date:

May 22, 2025
Project Planner: Nilu Karimzadegan
Waivers:

1. Usable Open Space. Waiver of BMC Section

23.204.140(E)(4) for providing 2,055 square feet of
Usable Open Space,
where 19,200 square feet is required.

2. Landscaped Usable Open Space. Waiver of BMC
Section 23.304.90 for Usable Open Space landscaped
area to be 27 (0.0014%) square feet where 7,680 square
feet (40%) is required.

3. Height. Waiver of BMC Section 23.204130(E)(1)(a) to
exceed building height limits—to be 256 feet, plus a 5- foot parapet while 75 feet (plus 5-foot parapet by right) is the allowable height with a Use Permit.

4. Setbacks. Waiver of BMC Section 23.204.130(E) to
reduce the front side setback requirement to 0 feet,
where 15 feet is the minimum, between 76 to 120 feet in height.

5. Setbacks. Waiver of BMC Section 23.204.130(E) to
reduce the interior side setback requirement on the
Floors 3 to 22 to 10 feet, where 15 feet is the minimum, between 76 to 120 feet over 65 feet from lot frontage.

6. Setbacks. Waiver of BMC Section 23.204.130(E) to
reduce the rear setback requirement to 6.5 feet on the

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 USE PERMIT CONDITIONS November 13 Page 3 of 27
File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] Floor 3-22, where 15 feet is the minimum, between 76 to 120 feet in height.

7. Setbacks. Waiver of BMC Section 23.204.130(E) to
reduce the rear setback requirement to 6.5 feet on the
Floor 3-22, where 15 feet is the minimum, over 120 feet in height.

8. Building’s width. Waiver of BMC Section

23.204.130(E)(3)(d) for the building’s width over 120 feet of height, to be 139 feet, 6 inches at the widest point (on the diagonal in plan review) where maximum width
allowed is 120 feet.

9. Projections Above Height Limits. Waiver of BMC
Section 23. 304.050 “Allowed Projections Above Height
Limit “to allow for Projections Above Height Limit (AUP) Concessions:

1. Concession. Exemption from the “Apprenticeship
Requirements” in establishing Healthcare and
Apprenticeship Standards for Private Development, as
required by BMC Section 13.107.040

2. Concession. Exemption from the “Health Care
Expenditures” in establishing Healthcare and
Apprenticeship Standards for Private Development, as
required by BMC Section 13.107.050

3. Concession. Exemption from the “Bird Safe Building” requirement as required by BMC 23.304.150
Staff Recommendation:

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File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] 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 the Downtown 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)):

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

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

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

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

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

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

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

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

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File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] D. A permit declared lapsed shall be void and of no further force and effect. To establish the use or structure authorized by the lapsed permit, an applicant must apply for and receive City approval of a new permit.

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

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. 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.

B. 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 Chapter 13.104 and with Labor Code sections 226(a) and 2810.5 for each employee who works on the Project.

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File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

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

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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File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] II. ADDITIONAL CONDITIONS IMPOSED BY THE ZONING ADJUSTMENTS BOARD Pursuant to BMC Section 23.404.050(H) Conditions of Approval, the Zoning Adjustments Board attaches the following additional conditions to this Permit:

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

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

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

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

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

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

E. Prohibit unnecessary idling of internal combustion engines.

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File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] F. If impact pile driving is required, pre-drill foundation pile holes to minimize the number of impacts required to seat the pile.

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

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

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

17.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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18.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 Downtown Area Plan Mitigation Monitoring and Reporting Program (Attachment 5 to Staff Report). 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)

19.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.

20.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.

21.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.

22.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.

23.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:

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File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] A. Phase I and Phase II Environmental Site Assessment (ESA) (per ASTM 1527). A recent Phase I ESA (less than 2 years old) shall be submitted to the Toxics Management Division for developments for: all new commercial, industrial and mixed-use developments and all improvement projects that require work 5 or more feet below grade, and all new residential buildings with more than four dwelling units located in the Environmental Management Area (or EMA). The EMA can be viewed at: City of Berkeley Community GIS Portal (arcgis.com)
B. Depending on the findings in the Phase I, a Phase II or additional investigation may be necessary. Any available soils and groundwater analytical data available for projects listed in this section must also be submitted to TMD.

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

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

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

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

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File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] TMD may require additional information or impose additional conditions as deemed necessary to protect human health and the environment. All requirements of the approved SGMP shall be deemed conditions of approval.

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

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

F. Hazardous Materials Business Plan.

A Hazardous Materials Business Plan (HMBP) in
compliance with BMC Section 15.12.040 and California Health & Safety Code, Chapter

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

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File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] G. Petroleum Storage. An (SPCC) Plan is required to be prepared and implemented for facilities with any one of the following:
i. aggregate aboveground petroleum storage capacities of 1,320 gallons or more stored in aboveground storage containers, tanks, oil-filled equipment, or ii. one or more tank(s) in an underground area (TIUGA) with petroleum storage capacities of 55 gallons or greater. More information on TIUGAs can be found here: https://osfm.fire.ca.gov/divisions/pipeline-safety-and-cupa/certified- unified-program-agency-cupa/aboveground-petroleum-storage-act/tank-in-an- underground-area-tiuga/
The SPCC plan must be prepared prior to beginning operations and you must submit facility information to Toxics Management Division (TMD) through the California Environmental Reporting System: http://cers.calepa.ca.gov/. The SPCC plan will be reviewed during the site inspection and shall not be submitted in CERS or to the TMD.

Prior to Issuance of Any Building (Construction) Permit

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

25.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.

26.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.

27.Streets and Open Space Improvement Plan. Street Frontage Improvements. Consistent with the Downtown Streets and Open Space Improvement Plan (SOSIP) (or subsequent iterations as adopted by the City), the developer shall construct improvements along University Avenue to the centerline. Such improvements shall be included with the building permit submittal, designed and constructed as directed by the Public Works Engineering, Public Works Transportation, and Fire Departments, and constructed prior to certificate of occupancy.

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28.Green Building Certification. The applicant shall submit documentation demonstrating that the building will attain LEED Gold or higher, or attain a building performance equivalent to this rating that has been approved by the Zoning Officer for this project. Documentation shall include proof of payment of the registration/application fee to the organization administering the green building certification system (e.g. USGBC/GBCI for LEED, Build It Green for GreenPoint Rated, etc.), a copy of the updated green building checklist that reflects anticipated points, and a statement from the appropriate project team professional (e.g. LEED Accredited Professional, GreenPoint Rater, etc.) verifying that the project is on track for certification at the required level or above. The submitted green building checklist must be a type that is appropriate for the project and a version that is being accepted by the organization granting the green building certification at the time of building permit application. Whenever applicable, measures from the green building checklist shall be incorporated and noted on site plans.

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.

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].

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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.

AFFORDABLE HOUSING REQUIREMENTS – RESIDENTIAL PROJECTS

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.

Below Market Rate Units., 12 Very-Low Income and 12 Moderate Income Units shall be provided in the project. All affordable units provided pursuant to the 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), BMC Section 23.328.030(A) Affordable Housing Requirements and BMC Section 23.326.030 Elimination if Dwelling Units through Demolition. All affordable units provided as replacement units pursuant to Section I.V, Demolition, of the permit findings, shall be designated as BMR Units. Any Extremely Low-Income replacement units provided shall be classified as Very-Low Income units to fulfill State Density Bonus Law.

Proposed Below Market Rate (BMR) Units Covering
All Replacement Requirements
Affordability
Level
State Density Bonus Law
(Gov. Code Section
65915)
BMC Chapter 23.328
(Inclusionary Housing)
Total BMR
units in the
project
Extremely
Low-Income
(30% AMI)
- - -
Very Low-
Income (50%
AMI)
12 12 121
Low-Income
(80% AMI)
- - -
1 These units must satisfy all but not limited to equivalency, size, unit distribution and affordability in perpetuity requirements under the Inclusionary and Demolition Ordinances

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Income (x%)
12 - 122
Total
24 35.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

36.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 $1,038297.17 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 Demolition or Start of Construction:

37.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.

38.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:
2 These units must be affordable for 55 years and satisfy equivalency requirements per the State Density Bonus law.

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File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] A. Alterations, closures, or blockages to sidewalks, pedestrian paths or vehicle travel lanes (including bicycle lanes);
B. Storage of building materials, equipment, dumpsters, debris anywhere in the public ROW; C. Provision of exclusive contractor parking on-street; or D. Significant truck activity.

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.

39.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:

40.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.

41.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.

42.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.

A. Contact information (i.e. “hotline” phone number, and email address) for the project construction manager
B. Calendar and schedule of daily/weekly/monthly construction activities C. 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.

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43.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:

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

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

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

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

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

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

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

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

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

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

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

C. In addition, a Construction Emissions Minimization Plan (Emissions Plan) shall be prepared that includes the following:

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File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] i. An equipment inventory summarizing the type of off-road equipment required for each phase of construction, including the equipment manufacturer, equipment identification number, engine model year, engine certification (tier rating), horsepower, and engine serial number. For all VDECS, the equipment inventory shall also include the technology type, serial number, make, model, manufacturer, CARB verification number level, and installation date. ii. A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of contract. The Emissions Plan shall be submitted to the Public Works Department for review and approval prior to the issuance of building permits.

45.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.

46.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.)

47.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.

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

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

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

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

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

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

49. 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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50.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.

51.Archeological Resources (Ongoing throughout demolition, grading, and/or construction).

A. Qualified Archeologist. The project applicant shall retain a qualified archeologist prior to excavations or ground disturbance that will exceed three feet in depth. The Qualified Paleontologist shall direct all mitigation measures related to paleontological resources. A qualified professional archeologist is defined by the SVP standards as an individual preferably with an M.S. or Ph.D. in paleontology or geology who is experienced with paleontological procedures and techniques, who is knowledgeable in the geology of California, and who has worked as a paleontological mitigation project supervisor for a least two years (SVP 2010).

B. Worker Environmental Awareness Program (WEAP). Prior to ground disturbance, the applicant shall incorporate information on archeological resources into the Project’s Worker Environmental Awareness Training (WEAP) materials, or a stand-alone Archeological Resources WEAP shall be submitted to the Department of Planning and Development at the City of Berkeley. The qualified paleontologist or his or her designee shall conduct training for construction personnel regarding the appearance of fossils and the procedures for notifying archeological staff should fossils be discovered by construction staff. The Archeological WEAP training shall be fulfilled simultaneously with the overall WEAP training, or at the first preconstruction meeting at which a qualified archeologist attends prior to ground disturbance. Printed literature (handouts) shall accompany the initial training.

Following the initial WEAP training, all new workers and contractors must be trained prior to conducting ground disturbance work.

C. Archeological Monitoring. The extent of required archeological monitoring for the project shall be determined by the qualified archeologist based on an evaluation of the previously undisturbed geologic units exposed during ground disturbing activity. The Qualified Archeologist shall conduct and initial spot check and evaluation of geologic conditions for ground disturbing activity for excavations between 5-10 feet below ground surface (BGS).

The evaluation shall be based on field evidence including lithology of geologic units and results of micro-screening or other inspections for fossil resources. If the archeologist determines that geologic units exposed between 5-10 feet BGS have high archeological sensitivity, then full-time monitoring shall be conducted for the duration of ground disturbing activity. If sediments between 5-10 feet BGS are determined to not be archeological sensitive, spot checks should be conducted again for ground disturbance between 10-15 feet BGS and again for ground disturbance between 15-20 feet BGS, and again to the full

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Berkeley City CouncilFebruary 23, 2026

Berkeley City Council
February 23, 2026