Agenda packet, first session — Berkeley City Council, February 23, 2026 (part 5 of 8)

Page 483 ends

2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 USE PERMIT CONDITIONS November 13 Page 21 of 27
File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] depth of ground disturbance. If spot checks indicate low or no archeological sensitivity, or if full time monitoring results in no fossil discoveries once the full depth of ground disturbance has been reached, archeological monitoring can be discontinued for the remainder of project activity. Monitoring shall be reinstated if any new ground disturbances are required to depths exceeding previous depths of previous work, and reduction or suspension shall be reconsidered by the Qualified Archeologist at that time.

D. In the event of a fossil discovery by the archeological monitor or construction personnel, all work in the immediate vicinity of the find shall cease. A Qualified Archeologist shall evaluate the find before restarting construction activity in the area. If it is determined that the fossil(s) is (are) scientifically significant, the Qualified Archeologist shall complete the following conditions to mitigate impacts to significant fossil resources:
1) Salvage of Fossils. If fossils are discovered, the archeological monitor shall have the authority to halt or temporarily divert construction equipment within 50 feet of the find until the monitor and/or lead archeologist evaluate the discovery and determine if the fossil may be considered significant. Typically, fossils can be safely salvaged quickly by a single archeologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. In this case, the Construction Contractor may be requested to supply heavy equipment and an operator to assist in the rapid removal of a large fossil specimen(s) or sediment sample(s). Bulk matrix sampling may be necessary to recover small invertebrates or micro-vertebrates from within archeologically- sensitive Quaternary alluvial deposits.
2) Preparation and Curation of Recovered Fossils. Once salvaged, significant fossils shall be identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent archeological collection (such as the UCMP), along with all pertinent field notes, photos, data, and maps. Fossils of undetermined significance at the time of collection may also warrant curation at the discretion of the Qualified Archeologist.

E. Final Archeological Mitigation Report. Upon completion of ground disturbing activity (and curation of fossils if necessary) the Qualified Archeologist shall prepare a final report describing the results of the archeological monitoring efforts associated with the project. The report shall include a summary of the field and laboratory methods, an overview of the project geology and paleontology, a list of taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific significance, and recommendations. The report shall be submitted to the Department of Planning and Development at the City of Berkeley. If the monitoring efforts produced fossils, then a copy of the report shall also be submitted to the designated museum repository.

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 USE PERMIT CONDITIONS November 13 Page 22 of 27
File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

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

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

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

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

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

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

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

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

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

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

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 USE PERMIT CONDITIONS November 13 Page 23 of 27
File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] G. 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 water quality impacts; b) Source Control Measures to keep pollutants out of stormwater runoff; c) Stormwater treatment measures that are hydraulically sized to remove pollutants from stormwater; d) an O & M (Operations and Maintenance) agreement for all stormwater treatment devices and installations; and e) Engineering calculations for all stormwater devices (both mechanical and biological). (Project required to meet applicable code at time of building permit application, if different from above.) H. All on-site storm drain inlets must be labeled “No Dumping – Drains to Bay” or equivalent using methods approved by the City.

I. 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.

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

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

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

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

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

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

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 USE PERMIT CONDITIONS November 13 Page 24 of 27
File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

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

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

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

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

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

Prior to Final Inspection or Issuance of Occupancy Permit:

61.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.

62.All landscape, site and architectural improvements shall be completed per the attached approved drawings dated October 2, 2025.

63.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.

64.Streets and Open Space Improvement Plan. Impact Fee: As required by BMC Section

23.204.130(F), the project shall pay an impact fee to implement the Streets and Open Space Improvement Plan (SOSIP) per the fee schedule adopted by the Council by resolution. The City shall deposit this payment into the Downtown Streets and Open Space Improvement Fund (SOSIF), or its equivalent, to pay for the design and construction of the SOSIP Major Projects. The fee shall apply to the project’s “Gross Floor Area” as defined in BMC Section 23.106.030, less any existing Gross Floor Area removed as part of the project.

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 USE PERMIT CONDITIONS November 13 Page 25 of 27
File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] At the City's discretion, the City Manager or her designee may reduce the required SOSIP Impact Fee, on a $1 to $1 ratio, as a credit for constructing all or a portion of a Major SOSIP Improvement Project beyond the frontage improvements already required by this Permit. The first half of this fee shall be paid prior to issuance of a building permit, and the second half shall be paid prior to issuance of a certificate of occupancy.

65.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 Section 23.322.060 have been installed. A Parking and Transportation Demand Management (PTDM) compliance report documenting that the programmatic measures required in BMC Section 23.322.060 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 this section:

A. New construction that results in an off-street total of more than 25 publicly available parking spaces shall install dynamic signage to Transportation Division specifications, including real- time garage occupancy signs at the entries and exits to the parking facility with vehicle detection capabilities and enabled for future connection to the regional 511 Travel Information System; or equivalent, as determined by the Land Use Division in consultation with the Transportation Division. The information panels shall be shown in the construction drawings and shall be installed prior to occupancy.

B. For any new building with residential units or structures converted to a residential use, required parking spaces shall 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.

C. the property owner shall provide transportation benefits at no cost to every employee, residential unit, and/or group living accommodation resident, one pass for unlimited local bus transit service; or (subject to the review and approval of the Zoning Officer in consultation with the Transportation Division) a functionally equivalent transit benefit in an amount at least equal to the price of a non-discounted adult monthly local bus pass. A notice describing these transportation benefits shall be posted in a location or locations visible to all employee and residents.

D. For residential structures constructed or converted from a non-residential use that provide off-street parking, vehicle sharing spaces shall be provided in the amounts shown in BMC Table 23.322-6, to be offered to vehicle sharing service providers at no cost, for as long as providers request the spaces, and otherwise consistent with BMC Section 23.322.060(D).

66."(23.322.060 CDMU Only)" Car Sharing Spaces. At least ___1____car share spaces shall be provided within the parking garage for the life of the building. In addition, these car share spaces are subject to the following requirements:

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2029 UNIVERSITY AVENUE- USE PERMIT #ZP2024-0182 USE PERMIT CONDITIONS November 13 Page 26 of 27
File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] A. At least 90 days prior to issuance of a certificate of occupancy, the property owner shall do one of the following if necessary to ensure that car share spaces are provided at this site: 1) purchase 2 cars for the use of a vehicle sharing service provider, or VSSP (e.g., City CarShare or Zipcar), or 2) provide a monthly subsidy to offset the costs to a VSSP to provide for the management of the cars at this site.

B. Prior to issuance of a certificate of occupancy, the property owner shall provide one of the following: 1) a signed agreement with a VSSP to manage shared vehicles at the site, or 2) a plan to provide on-site management. If the vehicle sharing spaces are managed by a VSSP, these spaces shall be accessible to all VSSP members in the same manner and during the same hours as other vehicles offered by the VSSP.

67.Green Building Certification. The applicant shall submit updated 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 expected at this stage includes proof of submission of the final application materials and payment of the certification fee. If this submission has not yet occurred, a detailed explanation and timeline indicating when it will it happen must be submitted to the Zoning Officer for review and approval. Once awarded by the organization administering the green building certification system, the applicant shall forward a copy of the certification award to the Zoning Officer.

At All Times:

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

69.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.

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

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

72.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.

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

74.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.

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

75.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.

76.Parking to be Leased or Sold Separately. All residential parking spaces shall be leased or sold separate from the rental or purchase of dwelling units.

77.Required Bike Parking. Secure and on-site bike parking for at least 167 Long-term bicycles shall be provided for the life of the building.

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

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

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2000
UNIVERSITY AVE.
2004
2018
2042
2054
2058
2066
19492011
2017
2029
2041
2057
2067
2035
1918
2017
2011
2009
2005
1919, 1921
1945
20082017
1945
1949 MILVIA ST.
1912

BERKELEY WAY

PROJECT SITE
2029 UNIVERSITY
N.T.S.

VICINITY MAP

VIEW ALONG UNIVERSITY

PROJECT DIRECTORY
OWNER/APPLICANT:

Laconia Development LLC
1981 North Broadway, Suite 350
Walnut Creek, CA 94596
www.laconiallc.com
(925) 937-4111
Rhoades Planning Group
2140 Shattuck Ave. Suite 705
Berkeley, CA 94704
(510) 545-4341
c/o: [email protected]
ARCHITECT:

ISAIAH STACKHOUSE, PRINCIPAL
STACKHOUSE | DE LA PEÑA |

TRACHTENBERG ARCHITECTS
2421 FOURTH STREET
BERKELEY, CA 94710
510.649.1414
www.trachtenbergarch.com

PROJECT DESCRIPTION

ZONING CODE SUMMARY
(BASED ON THE BERKELEY MUNICIPAL ZONING CODE)
ZONING: C-DMU OUTER CORE
SEE SHEET A0.1 FOR COMPLETE ZONING DATA
PROJECT ADDRESS: 2029 University Ave. Berkeley, CA 94704 (APN: 57-2053-8-1) SCOPE OF WORK:

THIS IS A ZONING APPLICATION FOR A HOUSING DEVELOPMENT, WHICH VESTS RIGHTS UNDER ZONING APPLICABLE AS OF THE SUBMITTAL DATE PER CALIFORNIA GOVERNMENT CODE SECTION 65941.1. THE PROJECT IS THE CONSTRUCTION OF A NEW 23-STORY (256'-0"), 160-UNIT HOUSING DEVELOPMENT WITH 191,992 SF OF NEW RESIDENTIAL USE AND PARKING GARAGE FOR UP TO 29 SPOTS. THE PROJECT INCLUDES REMOVAL OF EXISTING NON-LANDMARKED 2-STORY COMMERCIAL STRUCTURE AND SURFACE PARKING. 15% (12 UNITS) OF THE BASE PROJECT UNITS WILL BE AFFORDABLE TO VERY-LOW-INCOME HOUSEHOLDS, AND 15% (12 UNITS) OF THE BASE PROJECT UNITS WILL BE AFFORDABLE TO MODERATE INCOME HOUSEHOLDS, MAKING THE PROJECT ELIGIBLE FOR A 100% DENSITY BONUS, WAIVERS, AND UP TO 3 CONCESSIONS AS A STATE DENSITY BONUS LAW DEVELOPMENT PER CALIFORNIA GOVERNMENT CODE § 65915.

THE PROPOSED PROJECT WILL COMPLY WITH THE BERKELEY ENERGY CODE (BMC CHAPTER 19.36) AND THE BERKELEY GREEN CODE (BMC CHAPTER 19.37), INCLUDING PROVIDING A SOLAR PV SYSTEM,

BATTERY ENERGY STORAGE, ELECTRIC VEHICLE CHARGING, AND LOW-CARBON CONCRETE REQUIREMENTS.

DRAWING LIST

GENERAL

INFORMATION
A0.0
L1.01LANDSCAPE PLAN - GROUND LEVEL
L1.02
LANDSCAPE ARCHITECT:

JETT Landscape Architecture + Design
2 Orinda Theatre Square Suite 218
Orinda, CA 94563
(925) 254-5422
https://jett.land/
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
A3.5STREET STRIP ELEVATIONS
A3.6PHOTO CONTEXT VIEWS
C2.0PRELIMINARY STORMWATER CONTROL PLAN
SHADOW STUDIES - DEC 21STA0.4A
SHADOW STUDIES - JUNE 21STA0.4B
SHADOW STUDIES - MARCH 26THA0.4C

ARCHITECTURAL
SHEET NO. & TITLE
A0.0GENERAL INFORMATION
PLAN AT GROUND LEVELA2.1
A2.2
A3.1BUILDING ELEVATIONS
A3.2BUILDING ELEVATIONS
A3.3
A0.1

PRELIMINARY AHCP DIAGRAMS
A0.5SITE CONTEXT PHOTOS
A0.2
A0.6VICINITY MAP

ZONING DATA
PLAN AT LEVEL 2

BUILDING ELEVATIONS
A3.4BUILDING ELEVATIONS
A1.1EXISTING SURVEY
PLAN AT LEVEL 3A2.3
A2.5

MATBUILDING MATERIALS
A1.0EXISTING SITE PLAN
A2.4
PLAN AT ROOF LEVELA2.6
A2.0PLAN AT BASEMENT LEVEL
A3.7CONCEPTUAL RENDERINGS
A3.8
A3.9
A3.10
A4.1SECTIONS

DENSITY BONUS DIAGRAMS
A0.3
C1.0PRELIMINARY GRADING AND DRAINAGE PLAN

LANDSCAPE
CIVIL
CIVIL ENGINEER:

BKF ENGINEERS
2100 FRANKLIN STREET, SUITE 4C
OAKLAND, CA 94612
(510) 899-7300
www.bkf.com

LANDSCAPE PLAN - PODIUM LEVEL
L1.03LANDSCAPE PLAN - ROOF DECK
L2.01PRECEDENT IMAGES
L3.01PLANT IMAGES, NOTES & CALCULATIONS
L4.01PLANTING PLAN - GROUND FLOOR
L4.02PLANTING PLAN - PODIUM LEVEL
L4.03PLANTING PLAN - ROOF DECK
L5.01IRRIGATION PLAN - GROUND FLOOR
L5.02IRRIGATION PLAN - PODIUM LEVEL
L5.03IRRIGATION PLAN - ROOF DECK A3.11
PLAN AT LEVELS 4-22
PLAN AT LEVEL 23

CONCEPTUAL RENDERINGS

CONCEPTUAL RENDERINGS
Attachment 1, Exhibit C

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24'-10"
6'-6"
114'-8"
16'-6"
108'-0"
7'-4"
76'-6"
94'-10"
76'-4"
10'-0"88'-0"10'-0"
15'-0"
LOUNGE

AND RESIDENT

WORK AREAS
2,905 SF
(194 OCC. @ 1:15
2 EXITS REQ.)
56'-8"
12'-6"
31'-0"
6'-6"
MEP
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
TRASH
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
GREENCONT.

CORR. EX
12SF

FITNESS
2,197 SF
(44 OCC. @ 1:50,
1 EXIT REQ.)
6'-6"
W/C
W/C
LOUNGE
EXIT 1 OF 2
LOUNGE
EXIT 2 OF 2

FITNESS
EXIT 1 OF 1
5'-0"

OPEN SPACE TERRACE

SEE LANDSCAPE SHEETS
47'-5"
109'-1" [36'-4"] = 1/3rd
137'-5" [45'-10"] = 1/3rd
10'-0" 10'-0"
TRASH
97'-6" 6"
WC
3 CY
BIN
96 gal
96 gal
96 gal
96 gal
3 CY
BIN
WATER
PUMP
3 CY
BIN
3 CY
BIN

FLORENCE
4C11D-19-S
19 SLOTS

PACKAGES
3 CY
BIN3 CY
BIN
96 gal
6"
96 gal

FLORENCE
4C11D-19-S
19 SLOTS

MAILBOXES
3 CY
BIN
3 CY
BIN

STORAGE
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal

STAIR B

LUXOR LUXOR LUXOR LUXOR LUXOR LUXOR

BIKE ROOM
167 BIKES
TRASH
3 CY
BIN
96 gal
96 gal
96 gal
96 gal
3 CY
BIN
3 CY
BIN
3 CY
BIN3 CY
BIN 3 CY
BIN
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal3 CY
BIN
3 CY
BIN

STORAGE
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
6"
108'-0"
6"
97'-4"
114'-2"
114'-2"
97'-4"
10'-0"
LOT AREA 12,385 SF
108'-0"
114'-8"

LOT AREA
11,115 SF
90% LOT

COVERAGE
8"
8" 10'-0"

ZONING DATA
A0.1
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

ZONING CODE DATA

PROJECT SITE
2029 UNIVERSITY AVE.

OPEN SPACE DIAGRAMS
N.T.S.

ZONING MAP

REFUSE AND RECYCLING
LEVEL 23 ROOF DECK PLAN

BIKE PARKING
N.T.S.

N
N.T.S.

LOT COVERAGE DIAGRAMS
N.T.S.

N
N
2,055sf UOS

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BIKE
114'-8"
108'-0"
GARAGE
RAMP
MOPED
4' x 6'
MOPED
4' x 6'
MOPED
4' x 6'
MOPED
4' x 6'

RESIDENTIAL

STORAGE

RESIDENTIAL

STORAGE
114'-8"
108'-0"

RESIDENTIAL AMENITIES

LOBBYELEC/MECH/TRASH

RAMP UP TO

BASEMENT

PARKING
2ND FLOOR
4TH FLOOR
3RD FLOOR
5TH FLOOR
6TH FLOOR
7TH FLOOR
8TH FLOOR
12'-0" 9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0" 75'-0"

LOWEST GRADE

UNIVERSITY AVE
ROOF
9'-0"9'-0"9'-0"

FIRE WATER

STORAGE
(30,000 GAL.)

FUEL STORAGE

FOR GENERATOR

ELECTRICAL
ROOM

DOG WASH
10'-0"19'-5"
UP
MEP
78'-7"
114'-8"
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
SHAFT
5SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
CORR. EX
12SF

MAINTENANCE /

STORAGE
A
B
C
D
E
F
G
12345689
A
B
C
D
E
F
G
7 TRANSFORMER
VAULT

TRANSFORMER
VAULT

TRANSFORMER
VAULT
TRASH
LOBBY

SIDE YARD
FIRE
PUMP
6"
114'-8"
108'-0"
97'-6"
111'-2"
114'-2"
10'-0"97'-6"
6"
WC
3 CY
BIN
96 gal
96 gal
96 gal
96 gal
3 CY
BIN
RAMP UP TO 2ND FL

PARKING
11%
6'-9"
@ 6%
DOM.

WATER
PUMP
3 CY
BIN
3 CY
BIN
21'-8" CLEAR
STAFF

BACK-OF-HOUSE
FIRE

COMMAND
ROOM
200 SF
MIN.

OFFICE

FLORENCE
4C11D-19-S
19 SLOTS

PACKAGES
20'-0"
3 CY
BIN 3 CY
BIN
96 gal
96 gal
96 gal
3'-0"
6"
96 gal
96 gal
96 gal

ELECTRICAL
ROOM

BACK FLOW PREVENTERS

STORAGE
OFFICE
ELEC.

ROOM
ACCESS

FLORENCE
4C11D-19-S
19 SLOTS

FLORENCE
4C11D-19-S
19 SLOTS
DN

MAILBOXES
3 CY
BIN
3 CY
BIN

STORAGE
10'-0"

EXISTING DRIVEWAY TO BE

ADJUSTED
AWNING
ABOVE

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP

STAIR SHAFT
25SF
VEST
A
CORR. EX
12SF
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal

STAIR B
STAIR
A
12345689
A
B
C
D
E
F
G
7 6"

LUXORLUXORLUXOR

LUXORLUXORLUXOR
LUXOR
LUXOR
LUXOR
LUXOR
LUXOR
LUXOR

PACKAGE ROOM

BIKE ROOM
167 BIKES

PROPOSED LOADING ZONEEXISTING PARKING SPACE TO REMAINEXISTING RED CURB AT HYDRANT TO REMAIN GARAGE
(29 TOTAL SPACES)

EV CHARGING

LOCATIONS TBD)
14'-0"
3'-0"
24'-0"

CLR BACKUP

LARGE CARS
23'-6"
27'-4"
25'-0"
CLR

BACK OF HOUSE

STORAGE
STAIR
SHAFT
25SF

TRANSFER BEAM ABOVE, TYP
RAMP
MOPED
4' x 6'
MOPED
4' x 6'
MOPED
4' x 6'
MOPED
4' x 6'
3'-0"

SMALL CARS

SMALL CARS
7 77
7 TRANSFORMER
VAULT

TRANSFORMER
VAULT

TRANSFORMER
VAULT
6"
114'-8"
108'-0"
97'-6"
113'-8"
114'-2"
10'-0"97'-6"
6"
6"
6"
6"
10'-0"
RAMP @
6%
RAMP @
11%
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
CORR. EX
12SF
A
B
C
D
E
F
G
33'-10"

CLR BACKUP
(CEILING

INTAKE)
STUDY
SPACE
1BR

MAINTENANCE ACCESS
12345689
A
B
C
D
E
F
G
7 4BR
1,495 SF
STUDIO
416 SF
STUDIO
416 SF
STUDIO
416 SF
58'-0"
1'-0"
114'-8"
10'-0"
88'-0"
6'-6"
59'-2"
108'-2"
14'-6"
10'-0"
108'-0"
10'-0"
1'-6"
12'-11"1'-6" 78'-3"
14'-0" 1'-0"14'-0"1'-0"
14'-6"
6'-6"
10'-0"
1'-0"78'-3"12'-11"1'-6"
108'-2" 6'-6"
6'-6"
12'-11"12'-11"
108'-0"
1'-6"
10'-0"10'-0"
MEP
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
TRASH
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
GREENCONT.

CORR
EXHST 12SF
4BR
1,495 SF
4BR
1,262 SF
3BR
1,007 SF
6'-6"
LOBBY

AMENTITY ROOMS

PARKING

BASEMENT

TRANSFER BEAMS
2ND FLOOR
4TH FLOOR
3RD FLOOR
5TH FLOOR
6TH FLOOR
7TH FLOOR
8TH FLOOR
15'-0" 10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"22'-0" 10'-0" 256'-0"
1ST FLOOR
ROOF
10'-0"
9TH FLOOR
10'-0"
10TH FLOOR
10'-0"
11TH FLOOR
10'-0"
12TH FLOOR
12'-0"
13TH FLOOR
10'-0"
14TH FLOOR
10'-0"
15TH FLOOR
10'-0"
16TH FLOOR
10'-0"
17TH FLOOR
10'-0"
22ND FLOOR
15'-0"
18TH FLOOR
10'-0"
19TH FLOOR
10'-0"
20TH FLOOR
10'-0"
21ST FLOOR
10'-0" 12'-0"

MEP LEVEL

MEP LEVEL
10'-0"
23RD FLOOR

BASEMENT
12'-0"

PARKING
PARAPET (NOT INC.

IN C-DMU ZONE)
5'-0"
UNIVERSITY AVE.

L
P
L
P
AWNING

ENCROACHMENT

ROOF TOP PROJECTIONS
5'-0"5'-0"
65'-0" 44'-8" 5'-0"
114'-8"
108'-0"
98'-0"
5'-0"5'-0"
65'-0" 44'-8" 5'-0"
114'-8"
108'-0"
98'-0"
5'-0"5'-0"
65'-0" 44'-8" 5'-0"
114'-8"
108'-0"
61'-5"

UNOCCUPIED ROOF
36'-7"

OPEN SPACE ROOF TOP
DECK 9,600SF
40% LANDSCAPE AREA
3,840SF
24'-10"
6'-6"
114'-8"
16'-6"
108'-0"
7'-4"
76'-6"
94'-10"
76'-4"
10'-0"88'-0"10'-0"
15'-0"
LOUNGE

AND RESIDENT

WORK AREAS
2,905 SF
(194 OCC. @ 1:15
2 EXITS REQ.)
56'-8"
12'-6"
31'-0"
6'-6"
MEP
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
TRASH
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
GREENCONT.

CORR. EX
12SF

FITNESS
2,197 SF
(44 OCC. @ 1:50,
1 EXIT REQ.)
6'-6"
W/C
W/C
LOUNGE
EXIT 1 OF 2
LOUNGE
EXIT 2 OF 2

FITNESS
EXIT 1 OF 1
5'-0"

OPEN SPACE TERRACE

SEE LANDSCAPE SHEETS
47'-5"
109'-1" [36'-4"] = 1/3rd
137'-5" [45'-10"] = 1/3rd
10'-0" 10'-0"
STUDY
SPACE
1BR

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
TRASH
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
GREENCONT.

CORR
EXHST 12SF
4BR
1,495 SF
4BR
1,262 SF
3BR
1,007 SF
6'-6"

DENSITY BONUS

DIAGRAMS
A0.2

PLAN AT BASEMENT LEVEL

PLAN AT GROUND LEVEL

BASE PROJECT PROPOSED DENSITY BONUS PROJECT

PLAN AT BASEMENT
PLAN AT LEVELS 2-7
PLAN AT LEVEL 2

SECTION SECTION
PLAN AT LEVEL 3
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
PLAN AT LEVEL 8
N
N

PLAN AT GROUND PLAN AT ROOF
PLAN AT LEVELS 4-22 PLAN AT LEVEL 23

Page 53 of 233 ends

Page 493 ends

DWELLING UNIT RUFA
LEGEND

RESIDENTIAL AMENITY AREA
STUDY
SPACE
1BR

MAINTENANCE ACCESS
A
B
C
D
E
F
G
4BR
1,495 SF
STUDIO
416 SF
STUDIO
416 SF
STUDIO
416 SF
58'-0"
1'-0"
114'-8"
10'-0"
88'-0"
6'-6"
59'-2"
108'-2"
14'-6"
10'-0"
108'-0"
10'-0"
1'-6"
12'-11"1'-6" 78'-3"
14'-0" 1'-0"14'-0"1'-0"
14'-6"
6'-6"
10'-0"
1'-0"78'-3"12'-11"1'-6"
108'-2" 6'-6"
6'-6"
12'-11"12'-11"
108'-0"
1'-6"
10'-0"10'-0"
MEP
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
TRASH
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
GREENCONT.

CORR
EXHST 12SF
4BR
1,495 SF
4BR
1,262 SF
3BR
1,007 SF
6'-6" 42'-0"41'-6"
42'-6"42'-6"
24'-6"25'-7"15'-11"36'-7"
34'-3"15'-5"36'-7" 15'-5"

TRANSFORMER
VAULT

TRANSFORMER
VAULT
TRASH
LOBBY

SIDE YARD
FIRE
PUMP
6"
114'-8"
108'-0"
97'-6"
111'-2"
114'-2"
10'-0"97'-6"
6"
WC
3 CY
BIN
96 gal
96 gal
96 gal
96 gal
3 CY
BIN
RAMP UP TO 2ND FL

PARKING
11%
6'-9"
@ 6%
DOM.

WATER
PUMP
3 CY
BIN
3 CY
BIN
21'-8" CLEAR
STAFF

BACK-OF-HOUSE
FIRE

COMMAND
ROOM
200 SF
MIN.

OFFICE

FLORENCE
4C11D-19-S
19 SLOTS

PACKAGES
3 CY
BIN 3 CY
BIN
96 gal
96 gal
96 gal
3'-0"
6"
96 gal
96 gal
96 gal

ELECTRICAL
ROOM

BACK FLOW PREVENTERS

STORAGE
OFFICE
ELEC.

ROOM
ACCESS

FLORENCE
4C11D-19-S
19 SLOTS

FLORENCE
4C11D-19-S
19 SLOTS
DN

MAILBOXES
3 CY
BIN
3 CY
BIN

STORAGE
10'-0"
AWNING
ABOVE

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP

STAIR SHAFT
25SF
VEST
A
CORR. EX
12SF
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal

STAIR B
STAIR
A
6"

LUXORLUXORLUXOR

LUXORLUXORLUXOR
LUXOR
LUXOR
LUXOR
LUXOR
LUXOR
LUXOR

PACKAGE ROOM

BIKE ROOM
167 BIKES
A
B
C
D
E
F
G
4BR
1,495 SF
STUDIO
416 SF
STUDIO
416 SF
STUDIO
416 SF
58'-0"
1'-0"
114'-8"
10'-0"
88'-0"
6'-6"
59'-2"
108'-2"
14'-6"
10'-0"
108'-0"
10'-0"
1'-6"
12'-11"1'-6" 78'-3"
14'-0" 1'-0"14'-0"1'-0"
14'-6"
6'-6"
10'-0"
1'-0"78'-3"12'-11"1'-6"
108'-2" 6'-6"
6'-6"
12'-11"12'-11"
108'-0"
1'-6"
10'-0"10'-0"
STUDY
SPACE
1BR
612 SF
MEP
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
TRASH
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
GREENCONT.

CORR
EXHST 12SF
4BR
1,495 SF
4BR
1,262 SF
3BR
1,007 SF
6'-6" 42'-0"41'-6"
42'-6"42'-6"
24'-6"25'-7"15'-11"36'-7"
34'-3"15'-5"36'-7" 15'-5"
24'-10"
6'-6"
114'-8"
16'-6"
108'-0"
7'-4"
76'-6"
94'-10"
76'-4"
10'-0"88'-0"10'-0"
15'-0"
LOUNGE

AND RESIDENT

WORK AREAS
2,905 SF
(194 OCC. @ 1:15
2 EXITS REQ.)
56'-8"
12'-6"
31'-0"
6'-6"
MEP
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
TRASH
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
GREENCONT.

CORR. EX
12SF

FITNESS
2,197 SF
(44 OCC. @ 1:50,
1 EXIT REQ.)
6'-6"
W/C
W/C
LOUNGE
EXIT 1 OF 2
LOUNGE
EXIT 2 OF 2

FITNESS
EXIT 1 OF 1
5'-0"

OPEN SPACE TERRACE

SEE LANDSCAPE SHEETS
47'-5"
109'-1" [36'-4"] = 1/3rd
137'-5" [45'-10"] = 1/3rd
10'-0" 10'-0"
GARAGE
(29 TOTAL SPACES)

EV CHARGING

LOCATIONS TBD)
14'-0"
3'-0"
24'-0"

CLR BACKUP

LARGE CARS
23'-6"
27'-4"
25'-0"
CLR

BACK OF HOUSE

STORAGE
STAIR
SHAFT
25SF

TRANSFER BEAM ABOVE, TYP
RAMP
MOPED
4' x 6'
MOPED
4' x 6'
MOPED
4' x 6'
MOPED
4' x 6'
3'-0"

SMALL CARS

SMALL CARS
7 77
7 TRANSFORMER
VAULT

TRANSFORMER
VAULT

TRANSFORMER
VAULT
6"
114'-8"
108'-0"
97'-6"
113'-8"
114'-2"
10'-0"97'-6"
6"
6"
6"
6"
10'-0"
RAMP @
6%
RAMP @
11%
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
CORR. EX
12SF
33'-10"

CLR BACKUP
(CEILING

INTAKE)
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

PRELIMINARY AHCP

DIAGRAMS
A0.3

PROPOSED PROJECT RESIDENTIAL UNIT

FLOOR AREA DIAGRAM

PROPOSED PROJECT

AREA AND UNIT CALCULATIONS
PLAN AT LEVEL 23

PLAN AT GROUND
PLAN AT LEVEL 3
PLAN AT LEVELS 4-22
PLAN AT LEVEL 2

Page 54 of 233 ends

Page 494 ends

2012
1903
1926
UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HEARST AVE.

HENRY ST.

SHATUCK AVE.
2012
2017
1912
1902
SHATUCK AVE.

BERKELEY WAY HENRY ST.

HEARST AVE.

MILVIA ST.

UNIVERSITY AVE.
1910
1906
1904
1940
1938
2005
1919
19151911
2003
2012

MARTIN LUTHER KING JR WAY
UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HEARST AVE.

SHATUCK AVE.

UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HENRY ST.

HEARST AVE.

BONITA AVE.

KALA BAGAI WY.
2012
2017
1912
1902

NEW SHADOWS CAST ONEXISTING RESIDENTIAL
SHATUCK AVE.

UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HENRY ST.

HEARST AVE.

BONITA AVE.

KALA BAGAI WY.

NEW SHADOWS CAST ON

EXISTING RESIDENTIAL
2012
1903
1926
SHATUCK AVE.

UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HENRY ST.

HEARST AVE.

BONITA AVE.

KALA BAGAI WY.

NEW SHADOWS CAST ONEXISTING RESIDENTIAL
NEW SHADOWS CAST ONEXISTING RESIDENTIAL2005 1919
1915
2003
1911
1910
1906
1904 1940
1938
2008
2012
1945

NEW SHADOWS CAST ONEXISTING RESIDENTIAL

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

ALL RESIDENTIAL BUILDINGS BEING

SHADOWED SHOWN IN THESE DIAGRAMS

NEW SHADOW AT RESIDENTIAL BUILDING

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

ALL RESIDENTIAL BUILDINGS BEING

SHADOWED SHOWN IN THESE DIAGRAMS

NEW SHADOW AT RESIDENTIAL BUILDING

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

ALL RESIDENTIAL BUILDINGS BEING

SHADOWED SHOWN IN THESE DIAGRAMS

NEW SHADOW AT RESIDENTIAL BUILDING
N

SHADOW STUDIES
DECEMBER 21ST
A0.4A

WINTER SOLSTICE
DEC 21ST:
2-HRS BEFORE SUNSET (PM)

WINTER SOLSTICE
DEC 21ST:

NOON

WINTER SOLSTICE
DEC 21ST:
2-HRS AFTER SUNRISE (AM)
3SHADOW STUDY - NOON
1:160 @ 11X17 1:80 @ 24X36
5SHADOW STUDY - PM
1:160 @ 11X17 1:80 @ 24X36
1SHADOW STUDY - AM
1:160 @ 11X17 1:80 @ 24X36
2SHADOW STUDY AXONOMETRIC - AM
N.T.S.
4SHADOW STUDY AXONOMETRIC - NOON
NT.S.
6SHADOW STUDY AXONOMETRIC - PM
N.T.S.

N
N
Xref .\2327 - titleblock 24 x36.dwg
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

Page 55 of 233 ends

Page 495 ends

2066
SHATTUCK AVE.

UNIVERSITY AVE.

BERKELEY WAY

KALA BAGAI WAY
2067
2012
SHATUCK AVE.

BERKELEY WAY HENRY ST.

MILVIA ST.

UNIVERSITY AVE.

MARTIN LUTHER KING JR WAY
UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HEARST AVE.
2001
SHATUCK AVE.

UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HENRY ST.

BONITA AVE.

KALA BAGAI WY.
2012

NEW SHADOWS CAST ONEXISTING RESIDENTIAL
SHATUCK AVE.

UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HENRY ST.

HEARST AVE.

BONITA AVE.

KALA BAGAI WY.
2066 NEW SHADOWS CAST ONEXISTING RESIDENTIAL
2067
SHATUCK AVE.

UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HENRY ST.

HEARST AVE.

BONITA AVE.

KALA BAGAI WY.
2001

NEW SHADOWS CAST ONEXISTING RESIDENTIAL

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

ALL RESIDENTIAL BUILDINGS BEING

SHADOWED SHOWN IN THESE DIAGRAMS

NEW SHADOW AT RESIDENTIAL BUILDING

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

ALL RESIDENTIAL BUILDINGS BEING

SHADOWED SHOWN IN THESE DIAGRAMS

NEW SHADOW AT RESIDENTIAL BUILDING

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

ALL RESIDENTIAL BUILDINGS BEING

SHADOWED SHOWN IN THESE DIAGRAMS

NEW SHADOW AT RESIDENTIAL BUILDING
N

SHADOW STUDIES
JUNE 21ST
A0.4B

SUMMER SOLSTICE
JUN 21ST:
2-HRS BEFORE SUNSET (PM)

SUMMER SOLSTICE
JUN 21ST:

NOON

SUMMER SOLSTICE
JUN 21ST:
2-HRS AFTER SUNRISE (AM)
3SHADOW STUDY - NOON
1:160 @ 11X17 1:80 @ 24X36
5SHADOW STUDY - PM
1:160 @ 11X17 1:80 @ 24X36
1SHADOW STUDY - AM
1:160 @ 11X17 1:80 @ 24X36
2SHADOW STUDY AXONOMETRIC - AM
N.T.S.
4SHADOW STUDY AXONOMETRIC - NOON
NT.S.
6SHADOW STUDY AXONOMETRIC - PM
N.T.S.

N
N
Xref .\2327 - titleblock 24 x36.dwg
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

Page 56 of 233 ends

Page 496 ends

UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HEARST AVE.

HENRY ST.

SHATUCK AVE.
2108
1985
2067
2012
2017
1912
1902
SHATUCK AVE.

BERKELEY WAY HENRY ST.

HEARST AVE.

MILVIA ST.

UNIVERSITY AVE.
1910
1906
1904
1940
1938
2005
1919
19151911
2003
2012

MARTIN LUTHER KING JR WAY
UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HEARST AVE.

SHATUCK AVE.

UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HENRY ST.

HEARST AVE.

BONITA AVE.

KALA BAGAI WY.
2012

NEW SHADOWS CAST ONEXISTING RESIDENTIAL
SHATUCK AVE.

UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HENRY ST.

HEARST AVE.

BONITA AVE.

KALA BAGAI WY.
2012
2108
1985

NEW SHADOWS CAST ON

EXISTING RESIDENTIAL
2067
SHATUCK AVE.

UNIVERSITY AVE.

MILVIA ST.

BERKELEY WAY
HENRY ST.

HEARST AVE.

BONITA AVE.

KALA BAGAI WY.
2008
2012
1945

NEW SHADOWS CAST ONEXISTING RESIDENTIAL

NEW SHADOWS CAST ONEXISTING RESIDENTIAL
2001

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

ALL RESIDENTIAL BUILDINGS BEING

SHADOWED SHOWN IN THESE DIAGRAMS

NEW SHADOW AT RESIDENTIAL BUILDING

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

ALL RESIDENTIAL BUILDINGS BEING

SHADOWED SHOWN IN THESE DIAGRAMS

NEW SHADOW AT RESIDENTIAL BUILDING

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

ALL RESIDENTIAL BUILDINGS BEING

SHADOWED SHOWN IN THESE DIAGRAMS

NEW SHADOW AT RESIDENTIAL BUILDING
N

SHADOW STUDIES
MARCH 26TH:

A0.4C

CURRENT
MAR 26TH:
2-HRS BEFORE SUNSET (PM)

CURRENT
NOON

CURRENT
2-HRS AFTER SUNRISE (AM)
3SHADOW STUDY - NOON
1:160 @ 11X17 1:80 @ 24X36
5SHADOW STUDY - PM
1:160 @ 11X17 1:80 @ 24X36
1SHADOW STUDY - AM
1:160 @ 11X17 1:80 @ 24X36
2SHADOW STUDY AXONOMETRIC - AM
N.T.S.
4SHADOW STUDY AXONOMETRIC - NOON
NT.S.
6SHADOW STUDY AXONOMETRIC - PM
N.T.S.

N
N
MAR 26TH:

MAR 26TH:

Xref .\2327 - titleblock 24 x36.dwg
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

Page 57 of 233 ends

Page 497 ends

SITE CONTEXT
PHOTOS
A0.5
1 -
AERIAL CONTEXT VIEW 3
-
VIEW FROM UNIVERSITY AVE. LOOKING WEST
2 -
VIEW FROM UNIVERSITY AVE. LOOKING EAST
2001 UNIVERSITY
(2-STORY
COMMERCIAL)2029 UNIVERSITY

PROJECT SITE
2022 UNIVERSITY
(2 STORY MIXED-USE)
2004 UNIVERSITY
(5-STORY MIXED-USE)
2017 UNIVERSITY
(1-STORY COMMERCIAL)

PROJECT SITE
2029 UNIVERSITY AVE 2072 UNIVERSITY
(3-STORY MIXED USE)
2045 UNIVERSITY
(3-STORY COMMERCIAL)
2057 UNIVERSITY
(3-STORY MIXED-USE) 2029 UNIVERSITY

PROJECT SITE
2058 UNIVERSITY
(1-STORY COMMERCIAL)
2054 UNIVERSITY
(6-STORY COMMERCIAL)
2067 UNIVERSITY
(7-STORY MIXED-USE)
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

Page 58 of 233 ends

Page 498 ends

2000
SHATTUCK AVE.

SHATUCK AVE.

UNIVERSITY AVE.
2004
2018
2042
2054
2058
2066
2000 19492011
2017
2029
2041
2057
2067
2071
1998
1984
1974
1950
2008
2014
2020
2024
1942
1950
1952
1939
1998
1951
2111
2111
2119
2035
1918
2017
2011
2009
2005
1919
1912
1921
1945
2008
2016
1950
1995
1915
1921
1945
1949
2002
2021
2001
2000
MILVIA ST.
1945
19182051
1942
1941

BERKELEY WAY
BONITA AVE.
2514
25142514
2514
2514
1942 2035
1919
1915
1911
2000
1912
1902
1905
1901
1936
1928
1920
1908
1900
2151
2120
2018
2021
2000
2002
1995
1995
1945
2000
2010
1902
2010
2010
2000
8-STORY

COMMERCIAL
12-STORY

MULTI-FAMILY

PROPOSED
6-STORY

MULTI-FAMILY
2-STORY

COMMERCIAL
2-STORY

MULTI-FAM
2-STORY

COMMERCIAL
2-STORY
COMM.
2-STORY
MULTI
FAM
3-STORY

MULTIFAM
2-STORY

MULTIFAM
2-STORY
RES.
1-STORY
COMM.
1-STORY
COMM.
1-STORY
COMM.
3-STORY
COMM.
2-STORY

MULTI-FAM
2-STORY

MULTI-FAM
1-STORY
RES.
2-STORY

MULTI FAMILY
4-STORY

COMMERCIAL
1-STORY
RES.
1-STORY
RES.
2-STORY
MULTI
FAM
2-STORY
MULTI
FAM
2-STORY
RES
4-STORY
MULTI
FAM

PARKING
6-STORY

MULTI FAMILY
2-STORY
MULTI-FAM 4-STORY

MULTI-FAM
3-STORY
COMM.
2-STORY
COMM.
1-STORY
COMM.
2-STORY
COMM.
2-STORY
COMM.
7-STORY

MULTI-FAM
3-STORY

MULTI-FAM
1-STORY

COMMERCIAL

COMMERCIAL
5-STORY

COMMERCIAL
8-STORY

MULTI-FAM
8-STORY

MULTI-FAM
2-STORY
COMM.
2-STORY
COMM.
6-STORY
COMM.
1-STORY
COMM.
3-STORY
MULTI-FAMILY.
2-STORY
COMM.
2-STORY
COMM.
2-STORY
COMM.
2-STORY
COMM.
3-STORY
COMM.
5-STORY

MULTI-FAM
3-STORY
MULTI-FAMILY.
1-STORY
COMM.
2-STORY
COMM.

HENRY ST.
5-STORY

MULTI-FAMILY
2-STORY

COMMERCIAL
1-STORY
RES.
1-STORY
RES. 2-STORY
RES. 2-STORY
RES. 2-STORY
RES.
3-STORY
RES.
2-STORY
RES.
2-STORY
RES.
2-STORY
RES.
3-STORY

MULTI-FAM
3-STORY

MULTI-FAM

PROJECT SITE
2029 UNIVERSITY AVE
1-STORY
COMMERCIAL 1-STORY

COMMERCIAL
1-STORY

COMMERCIAL
1-STORY
COMM

VICINITY MAP
A0.6
1 -

VICINITY MAP
NTS
N
Xref .\1998 Shattuck - titleblock 24 x36.dwg
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

Page 59 of 233 ends

Page 499 ends

BERKELEY WAY
UNIVERSITY AVE.
2067 UNIVERSITY

MIXED USE
UNDER

CONSTRUCTION
2057 UNIVERSITY

EXISTING

COMMERCIAL USE
2041 UNIVERSITY

EXISTING

COMMERCIAL USE
2029 UNIVERSITY

EXISTING

COMMERCIAL USE
2016 BERKELEY WY

MULTI-FAMILY USE

MILVIA ST

EXISTING ONSITE

BUILDINGS TO BE
DEMOLISHED TYP.,

SHOWN DASHED
2017 UNIVERSITY

EXISTING

COMMERCIAL USE
2011 UNIVERSITY

EXISTING

COMMERCIAL USE
1949 UNIVERSITY

EXISTING

COMMERCIAL USE
1945 UNIVERSITY

EXISTING

MULTI-FAMILY USE
2008 UNIVERSITY

EXISTING

MULTI-FAMILY USE

EXISTING

SITE PLAN
A1.0
1 -

EXISTING SITE PLAN
1/32"=1'-0" @ 11x171/16"=1'-0" @ 24x368 041632
N
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

Page 60 of 233 ends

Page 500 ends

EXISTING
SURVEY
A1.1
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

Page 61 of 233 ends

Page 501 ends

FIRE WATER

STORAGE
(30,000 GAL.)

FUEL STORAGE

FOR GENERATOR

ELECTRICAL
ROOM

DOG WASH
10'-0"19'-5"
UP
MEP
78'-7"
114'-8"
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
SHAFT
5SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
CORR. EX
12SF

MAINTENANCE /

STORAGE
12345689
A
B
C
D
E
F
G
7 PLAN AT

BASEMENT LEVEL
A2.0
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
1 -

PLAN AT BASEMENT
1/16" = 1' @ 11 X 171/8" = 1' @ 24 X 36
N

Page 62 of 233 ends

Page 502 ends

12345689
A
B
C
D
E
F
G
7 TRANSFORMER
VAULT

TRANSFORMER
VAULT

TRANSFORMER
VAULT
TRASH
LOBBY

SIDE YARD
FIRE
PUMP
6"
114'-8"
108'-0"
97'-6"
111'-2"
114'-2"
10'-0"97'-6"
6"
WC
3 CY
BIN
96 gal
96 gal
96 gal
96 gal
3 CY
BIN
RAMP UP TO 2ND FL

PARKING
11%
6'-9"
@ 6%
DOM.

WATER
PUMP
3 CY
BIN
3 CY
BIN
21'-8" CLEAR
STAFF

BACK-OF-HOUSE
FIRE

COMMAND
ROOM
200 SF
MIN.

OFFICE

FLORENCE
4C11D-19-S
19 SLOTS

PACKAGES
20'-0"
3 CY
BIN 3 CY
BIN
96 gal
96 gal
96 gal
3'-0"
6"
96 gal
96 gal
96 gal

ELECTRICAL
ROOM

BACK FLOW PREVENTERS

STORAGE
OFFICE
ELEC.

ROOM
ACCESS

FLORENCE
4C11D-19-S
19 SLOTS

FLORENCE
4C11D-19-S
19 SLOTS
DN

MAILBOXES
3 CY
BIN
3 CY
BIN

STORAGE
10'-0"

EXISTING DRIVEWAY TO BE

ADJUSTED
AWNING
ABOVE

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP

STAIR SHAFT
25SF
VEST
A
CORR. EX
12SF
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal

STAIR B
STAIR
A
12345689
A
B
C
D
E
F
G
7 6"

LUXORLUXORLUXOR

LUXORLUXORLUXOR
LUXOR
LUXOR
LUXOR
LUXOR
LUXOR
LUXOR

PACKAGE ROOM

BIKE ROOM
167 BIKES

PROPOSED LOADING ZONEEXISTING PARKING SPACE TO REMAINEXISTING RED CURB AT HYDRANT TO REMAIN

PLAN AT

GROUND LEVEL
A2.1
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
1 -

PLAN AT GROUND LEVEL
1/16" = 1' @ 11 X 171/8" = 1' @ 24 X 36
N

Page 63 of 233 ends

Page 503 ends

GARAGE
(29 TOTAL SPACES)

EV CHARGING

LOCATIONS TBD)
14'-0"
3'-0"
24'-0"

CLR BACKUP

LARGE CARS
23'-6"
27'-4"
25'-0"
CLR

BACK OF HOUSE

STORAGE
STAIR
SHAFT
25SF

TRANSFER BEAM ABOVE, TYP
RAMP
MOPED
4' x 6'
MOPED
4' x 6'
MOPED
4' x 6'
MOPED
4' x 6'
3'-0"

SMALL CARS

SMALL CARS
7 77
7 TRANSFORMER
VAULT

TRANSFORMER
VAULT

TRANSFORMER
VAULT
6"
114'-8"
108'-0"
97'-6"
113'-8"
114'-2"
10'-0"97'-6"
6"
6"
6"
6"
10'-0"
RAMP @
6%
RAMP @
11%
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
CORR. EX
12SF
12345689
A
B
C
D
E
F
G
7 33'-10"

CLR BACKUP
(CEILING

INTAKE)

PLAN AT
LEVEL 2
A2.2
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
1 -
PLAN AT LEVEL 2
1/16" = 1' @ 11 X 171/8" = 1' @ 24 X 36
N

Page 64 of 233 ends

Page 504 ends

STUDY
SPACE
1BR

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
TRASH
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
GREENCONT.

CORR
EXHST 12SF
4BR
1,495 SF
4BR
1,262 SF
3BR
1,007 SF
6'-6"

PLAN AT
LEVEL 3
A2.3
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
1 -
PLAN AT LEVEL 3
1/16" = 1' @ 11 X 171/8" = 1' @ 24 X 36
N

Page 65 of 233 ends

Page 505 ends

12345689
A
B
C
D
E
F
G
7 4BR
1,495 SF
STUDIO
416 SF
STUDIO
416 SF
STUDIO
416 SF
58'-0"
1'-0"
114'-8"
10'-0"
88'-0"
6'-6"
59'-2"
108'-2"
14'-6"
10'-0"
108'-0"
10'-0"
1'-6"
12'-11"1'-6" 78'-3"
14'-0" 1'-0"14'-0"1'-0"
14'-6"
6'-6"
10'-0"
1'-0"78'-3"12'-11"1'-6"
108'-2" 6'-6"
6'-6"
12'-11"12'-11"
108'-0"
1'-6"
10'-0"10'-0"
STUDY
SPACE
1BR
612 SF
MEP
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
TRASH
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
GREENCONT.

CORR
EXHST 12SF
4BR
1,495 SF
4BR
1,262 SF
3BR
1,007 SF
6'-6"

PLAN AT
LEVELS 4-22
A2.4
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
1 -
PLAN AT LEVELS 4-22
1/16" = 1' @ 11 X 171/8" = 1' @ 24 X 36
N

Page 66 of 233 ends

Page 506 ends

24'-10"
6'-6"
114'-8"
16'-6"
108'-0"
7'-4"
76'-6"
94'-10"
76'-4"
10'-0"88'-0"10'-0"
15'-0"
LOUNGE

AND RESIDENT

WORK AREAS
2,905 SF
(194 OCC. @ 1:15
2 EXITS REQ.)
56'-8"
12'-6"
31'-0"
6'-6"
MEP
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
TRASH
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
GREENCONT.

CORR. EX
12SF

FITNESS
2,197 SF
(44 OCC. @ 1:50,
1 EXIT REQ.)
6'-6"
W/C
W/C
LOUNGE
EXIT 1 OF 2
LOUNGE
EXIT 2 OF 2

FITNESS
EXIT 1 OF 1
5'-0"

OPEN SPACE TERRACE

SEE LANDSCAPE SHEETS
47'-5"
109'-1" [36'-4"] = 1/3rd
137'-5" [45'-10"] = 1/3rd
10'-0" 10'-0"

PLAN AT
LEVEL 23
A2.5
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
1 -
PLAN AT LEVEL 23
1/16" = 1' @ 11 X 171/8" = 1' @ 24 X 36
N

Page 67 of 233 ends

Page 507 ends

12345689
A
B
C
D
E
F
G
7 7'-4"
114'-8"
16'-6"
108'-0"
7'-4"
76'-6"
107'-4"
16'-6"19'-10"15'-0"
12'-6"
15'-0"

DECK BELOW
27'-4"
39'-0"
56'-8"
94'-10"12'-6"

POTENTIAL

ROOF AREA FOR

SOLAR PV SYSTEM
CORR. EX
12SF
ELEV.

LOBBY
EXHST
12SF
STAIR
SHAFT
25SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
STAIR
B
CORR. EX 12SF

TOTAL ENCLOSED
ROOF

PROJECTION
AREA
1,167 SF

ELEVATOR

EQUIPMENT
WATER

HEATERS
9'-0"
18'-6" 76'-4"

PLAN AT

ROOF LEVEL
A2.6
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
1 -

PLAN AT ROOF LEVEL
1/16" = 1' @ 11 X 171/8" = 1' @ 24 X 36
N

Page 68 of 233 ends

Page 508 ends

PL PL
(MILVIA ST)
2ND FLOOR
4TH FLOOR
3RD FLOOR
5TH FLOOR
6TH FLOOR
7TH FLOOR
8TH FLOOR
15'-0" 10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0" 22'-0"
10'-0"
256'-0" PROPOSED DENSITY BONUS PROJECT MAX. BLDG HT
ROOF
10'-0"
9TH FLOOR
10'-0"
10TH FLOOR
10'-0"
11TH FLOOR
10'-0"
12TH FLOOR
12'-0"
13TH FLOOR
10'-0"
14TH FLOOR
10'-0"
15TH FLOOR
10'-0"
16TH FLOOR
10'-0"
17TH FLOOR
10'-0"
22ND FLOOR
15'-0"
18TH FLOOR
10'-0"
19TH FLOOR
10'-0"
20TH FLOOR
10'-0"
21ST FLOOR
10'-0"
12'-0"

MEP LEVEL

MEP LEVEL
23RD FLOOR
10'-0"
GARAGE
PARAPET (NOT INC.

IN C-DMU ZONE)
5'-0"
WINDOW AREA PERCENTAGE: 27%

BUILDING

ELEVATIONS
A3.1
1 -

SOUTH ELEVATION
1/32"=1'-0" @ 11X17 1/16" = 1'-0" @ 24X36
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
8 041632

Page 69 of 233 ends

Page 509 ends

(UNIVERSITY AVE)
PL
(BERKELEY WAY)
2ND FLOOR
4TH FLOOR
3RD FLOOR
5TH FLOOR
6TH FLOOR
7TH FLOOR
8TH FLOOR
15'-0" 10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0" 22'-0"
10'-0"
256'-0" PROPOSED DENSITY BONUS PROJECT MAX. BLDG HT
ROOF
10'-0"
9TH FLOOR
10'-0"
10TH FLOOR
10'-0"
11TH FLOOR
10'-0"
12TH FLOOR
12'-0"
13TH FLOOR
10'-0"
14TH FLOOR
10'-0"
15TH FLOOR
10'-0"
16TH FLOOR
10'-0"
17TH FLOOR
10'-0"
22ND FLOOR
15'-0"
18TH FLOOR
10'-0"
19TH FLOOR
10'-0"
20TH FLOOR
10'-0"
21ST FLOOR
10'-0"
12'-0"

MEP LEVEL

MEP LEVEL
23RD FLOOR
10'-0"
GARAGE
PARAPET (NOT INC.

IN C-DMU ZONE)
5'-0"
WINDOW AREA PERCENTAGE: 29%
PL

BUILDING

ELEVATIONS
A3.2
1 -

WEST ELEVATION
1/32"=1'-0" @ 11X17 1/16" = 1'-0" @ 24X36
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
8 041632

Page 70 of 233 ends

Page 510 ends

PLPLPL
2ND FLOOR
4TH FLOOR
3RD FLOOR
5TH FLOOR
6TH FLOOR
7TH FLOOR
8TH FLOOR
15'-0" 10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0" 22'-0"
10'-0"
256'-0" PROPOSED DENSITY BONUS PROJECT MAX. BLDG HT
ROOF
10'-0"
9TH FLOOR
10'-0"
10TH FLOOR
10'-0"
11TH FLOOR
10'-0"
12TH FLOOR
12'-0"
13TH FLOOR
10'-0"
14TH FLOOR
10'-0"
15TH FLOOR
10'-0"
16TH FLOOR
10'-0"
17TH FLOOR
10'-0"
22ND FLOOR
15'-0"
18TH FLOOR
10'-0"
19TH FLOOR
10'-0"
20TH FLOOR
10'-0"
21ST FLOOR
10'-0"
12'-0"

MEP LEVEL

MEP LEVEL
23RD FLOOR
10'-0"
GARAGE
PARAPET (NOT INC.

IN C-DMU ZONE)
5'-0"
WINDOW AREA PERCENTAGE: 22%

BUILDING

ELEVATIONS
A3.3
1 -

NORTH ELEVATION
1/32"=1'-0" @ 11X17 1/16" = 1'-0" @ 24X36
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
8 041632

Page 71 of 233 ends

Page 511 ends

PL
PL
2ND FLOOR
4TH FLOOR
3RD FLOOR
5TH FLOOR
6TH FLOOR
7TH FLOOR
8TH FLOOR
15'-0" 10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0" 22'-0"
10'-0"
256'-0" PROPOSED DENSITY BONUS PROJECT MAX. BLDG HT
ROOF
10'-0"
9TH FLOOR
10'-0"
10TH FLOOR
10'-0"
11TH FLOOR
10'-0"
12TH FLOOR
12'-0"
13TH FLOOR
10'-0"
14TH FLOOR
10'-0"
15TH FLOOR
10'-0"
16TH FLOOR
10'-0"
17TH FLOOR
10'-0"
22ND FLOOR
15'-0"
18TH FLOOR
10'-0"
19TH FLOOR
10'-0"
20TH FLOOR
10'-0"
21ST FLOOR
10'-0"
12'-0"

MEP LEVEL

MEP LEVEL
23RD FLOOR
10'-0"
GARAGE
PARAPET (NOT INC.

IN C-DMU ZONE)
5'-0"
WINDOW AREA PERCENTAGE: 23%

BUILDING

ELEVATIONS
A3.4
1 -

EAST ELEVATION
1/32"=1'-0" @ 11X17 1/16" = 1'-0" @ 24X368 0416
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
32

Page 72 of 233 ends

Page 512 ends

2015 HASTE
2001 UNIVERSITY2011 UNIVERSITY2013 UNIVERSITY2017 UNIVERSITY2029 UNIVERSITY2041 UNIVERSITY2057 UNIVERSITY2067 UNIVERSITY2071 UNIVERSITY1998 SHATTUCK 2101 UNIVERSITY2109 UNIVERSITY2121 UNIVERSITY2129 UNIVERSITY2145 UNIVERSITY (SHATTUCK AVE)
(MILVIA ST)
2021 UNIVERSITY
2125 UNIVERSITY

STREET STRIP

ELEVATIONS
A3.5
1 -
STREET STRIP ELEVATION @ UNIVERSITY AVE.
1/2"=50'-0" @ 11X17 1" = 50'-0" @ 24X36
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
0104080 20

Page 73 of 233 ends

Page 513 ends

PHOTO CONTEXT
VIEWS
A3.6
1 A3.6

UNIVERSITY LOOKING WEST - BEFORE
2 A3.6

UNIVERSITY LOOKING WEST - AFTER
3 A3.6

UNIVERSITY LOOKING EAST - BEFORE
4 A3.6

UNIVERSITY LOOKING EAST - AFTER
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

Page 74 of 233 ends

Page 514 ends

CONCEPTUAL

RENDERING
A3.7
1 -

PERSPECTIVE VIEW - UNIVERSITY LOOKING NORTHWEST
-
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

Page 75 of 233 ends

Page 515 ends

CONCEPTUAL

RENDERING
A3.8
1 -

SIDEWALK VIEW - UNIVERSITY LOOKING NORTHWEST
-
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

Page 76 of 233 ends

Page 516 ends

CONCEPTUAL

RENDERING
A3.9
1 -

PERSPECTIVE VIEW - UNIVERSITY LOOKING NORTHEAST
-
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

Page 77 of 233 ends

Page 517 ends

CONCEPTUAL

RENDERING
A3.10
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE
1 -

SIDEWALK VIEW - LOBBY ENTRY
-

Page 78 of 233 ends

Page 518 ends

CONCEPTUAL

RENDERING
A3.11
1 -

EVENING VIEW - UNIVERSITY LOOKING NORTHEAST
-
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

Page 79 of 233 ends

Page 519 ends

MEP LEVEL

MEP LEVEL
23RD FLOOR
10'-0"
GARAGE
PARAPET (NOT INC.

IN C-DMU ZONE)
5'-0"
WINDOW AREA PERCENTAGE: 27%

BUILDING

MATERIALS
MAT
1 MAT

SOUTH ELEVATION
3/64"=1'-0" @ 11X17 3/32" = 1'-0" @ 24X368 0416

ALUMINUM

WINDOWS
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

TERRACOTTA TILEINSULATED METAL
PANELS
METAL
INFILL
PANELS

TERRACOTTA
TILE

INSULATED METAL
PANELS

METAL INFILL PANEL

Page 80 of 233 ends

Page 520 ends

LOBBY

AMENTITY ROOMS

PARKING

BASEMENT
LOBBY
GYM

PARKING

BASEMENT
LOUNGE
PKW Höhe 150cm
Car height 150cm
PKW Höhe 175cm
Car height 175cm
PKW Höhe 175cm
Car height 175cm
PKW Höhe 150cm
Car height 150cm
PKW Höhe 175cm
Car height 175cm
PKW Höhe 175cm
Car height 175cm
PKW Höhe 150cm
Car height 150cm
PKW Höhe 175cm
Car height 175cm
PKW Höhe 175cm
Car height 175cm
RAMP
UP

MEP LEVEL

MEP LEVEL
10'-0"
23RD FLOOR

BASEMENT
12'-0"

PARKING
PARAPET (NOT INC.

IN C-DMU ZONE)
5'-0"
2ND FLOOR
4TH FLOOR
3RD FLOOR
5TH FLOOR
6TH FLOOR
7TH FLOOR
8TH FLOOR
15'-0" 10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"22'-0" 10'-0" 256'-0"
1ST FLOOR
ROOF
10'-0"
9TH FLOOR
10'-0"
10TH FLOOR
10'-0"
11TH FLOOR
10'-0"
12TH FLOOR
12'-0"
13TH FLOOR
10'-0"
14TH FLOOR
10'-0"
15TH FLOOR
10'-0"
16TH FLOOR
10'-0"
17TH FLOOR
10'-0"
22ND FLOOR
15'-0"
18TH FLOOR
10'-0"
19TH FLOOR
10'-0"
20TH FLOOR
10'-0"
21ST FLOOR
10'-0" 12'-0"

MEP LEVEL

MEP LEVEL
10'-0"
23RD FLOOR

BASEMENT
12'-0"

PARKING
PARAPET (NOT INC.

IN C-DMU ZONE)
5'-0"

ADJACENT

BUILDING
UNIVERSITY AVE.

L
P
L
P
L
P
L
P
AWNING

ENCROACHMENT

ROOF TOP PROJECTIONS

ROOF TOP

PROJECTIONS

SECTIONS
A4.1
1 -

NORTH SOUTH SECTION
--
2 -

EAST WEST SECTION
--
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327 JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com
2029 University Ave
Berkeley, CA
DE LA PEÑA

TRACHTENBERG

ARCHITECTS

STACKHOUSE

12.10.2024 SB330 SUBMISSION

12.19.2024 ZONING SUBMISSION

04.03.2025 ZONING RESUBMISSION

05.14.2025 ZONING RESUBMISSION

07.23.2025 AHMF FEE UPDATE

08.08.2025 4-BR BATHROOM UPDATE

Page 81 of 233 ends

Page 521 ends

TRASH
LOBBY

SIDE YARD
FIRE
PUMP
WC
RAMP UP TO 2ND FL

PARKING
11%
DOM.

WATER
PUMP
STAFF

BACK-OF-HOUSE
FIRE

COMMAND
ROOM
200 SF
MIN.

OFFICE

PACKAGES

ELECTRICAL
ROOM

BACK FLOW PREVENTERS

STORAGE
OFFICE
ELEC.

ROOM
ACCESS
DN

MAILBOXES

STORAGE

BIKE ROOM
(xxx BIKES)
AWNING
ABOVE
MEP
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
MEP
TRASH
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
CORR. EX 12SF

STAIR B
STAIR
A

PACKAGE ROOM

TRANSFORMER
VAULT

U N I V E R S I T Y A V E N U E
1" = 10'scale
10 0 10
feet
20 COPYRIGHT © BKF ENGINEERS 2025
2029 UNIVERSITY APARTMENTS/ STUDENT HOUSING
APN 57-2025-8-1
2029 UNIVERSITY AVENUE, BERKELEY, CA
C #####FIRST M. LASTNAME
03/27/2025

NOT FOR CONSTRUCTION

PRELIMINARY
DATE:

BKF ENGINEERS
2100 FRANKLIN STREET
SUITE 4C
OAKLAND, CA 94612
(510) 899-7300
www.bkf.com
231784_2029_UNIVERSITY_GRAD.dwg
Plot Mar 27, 2025 at 4:47pm
Know what's below.
before you dig.Call
R
C1.0

PRELIMINARY GRADING AND DRAINAGE PLAN

STUDENT HOUSING

05.14.2025 ZONING RESUBMISSION

Page 82 of 233 ends

Page 522 ends

STUDENT HOUSING

Page 83 of 233 ends

Page 523 ends

1 1
2 2
33 4
4 5
5 BIKE RACK 5 TOTAL (10 BIKE PARKING SPACES)
EXISTING TRIDENT MAPLE STREET TREE TO REMAIN.

PROTECT IN PLACE. SEE SHEET L3.01 FOR TREE
PROTECTION FENCING DETAIL AND GUIDELINES.

CONCRETE PAVING AT SIDE YARD

NATIVE SHRUB PLANTING
3-FOOT WIDE CITY STANDARD PAVER BAND
LEGEND

LANDSCAPE PLAN -

GROUND FLOOR
L1.01

05.14.25 ZONING RESUBMISSION

Page 84 of 233 ends

Page 524 ends

1 2
2 1
CMU STORMWATER PLANTERS, TYP - 630 SF TOTAL

MAINTENANCE WALKWAY
LEGEND

LANDSCAPE PLAN -

PODIUM LEVEL
L1.02

05.14.25 ZONING RESUBMISSION

Page 85 of 233 ends

Page 525 ends

1 2
3 4

FAMILY STYLE DINING TABLE

GREEN ROOF PLANTING

TABLE WITH CHAIRS

LOUNGE FURNISHING
LEGEND
1 2
3 4

LANDSCAPE PLAN -

ROOF DECK
L1.03

05.14.25 ZONING RESUBMISSION

Page 86 of 233 ends

Page 526 ends

2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

12.19.24 ZONING APPLICATION SUBMISSION
2029 University Ave.

Berkeley, CA
CRLA #3335 · 2 Theatre Square #218 · Orinda CA · 94563
925.254.5422 · www.jett.land
LANDSCAPE ARCHITECTURE + DESIGN

03.28.25 ZONING RESUBMISSION
L2.01

PRECEDENT IMAGES

05.14.25 ZONING RESUBMISSION

Page 87 of 233 ends

Page 527 ends

2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

12.19.24 ZONING APPLICATION SUBMISSION
2029 University Ave.

Berkeley, CA
CRLA #3335 · 2 Theatre Square #218 · Orinda CA · 94563
925.254.5422 · www.jett.land
LANDSCAPE ARCHITECTURE + DESIGN

03.28.25 ZONING RESUBMISSION
L3.01

PLANT IMAGES, NOTES &

CALCULATIONS

NATIVE SCREENING SHRUBS
SHRUBS

GROUNDCOVER

DENOTES POLLINATOR

PLANT SPECIES
LANDSCAPE AREA CALCULATION:

STORMWATER TREATMENT AREA:

REQUIRED STORMWATER TREATMENT AREA= 455
4% OF THE BUILDING FOOTPRINT (- PROPOSED STORMWATER TREATMENT AREA= - 630 SF

LANDSCAPE AREA
GROUND LEVEL: - 77 SF
PODIUM LEVEL: - 630 SF
ROOF DECK LEVEL: - 237 SF
TOTAL: - 944 SF

GENERAL PLANTING AND IRRIGATION NOTES

1. LANDSCAPE AND IRRIGATION PLANS SHALL COMPLY WITH THE CRITERIA OF THE CALIFORNIA

MODEL WATER EFFICIENCY ORDINANCE AND APPLY THOSE CRITERIA FOR THE EFFICIENT USE

OF WATER IN T
HE LANDSCAPE DESIGN PLAN.

2. LANDSCAPE AND IRRIGATION PLANS SHALL COMPLY WITH ALL APPLICABLE CITY CODES AND ORDINANCES.

3. ALL PLANTING AREAS SHALL BE TOP-DRESSED WITH A 3” LAYER OF ORGANIC, UN- DYED

MULCH RECYCLED FROM LOCAL ORGANIC MATERIALS SUCH AS TREE TRIMMINGS, PLANT, OR CLEAN WOOD WASTE. COMPOST APPLICATION TO ACHIEVE A MINIMUM OF 6% ORGANIC

MATTER IN SOIL COMPOSITION BASED ON MWELO SPECIFIED SOIL ANALYSIS RESULS FOR THE SITE SOIL PER [CGBSC 4.304].

4. 50% OF ALL SHRUBS AND GROUNDCOVER SHALL BE A MINIMUM OF 5-GALLON SIZE OR LARGER.

5. IRRIGATION SYSTEM IS TO BE A FULLY AUTOMATIC WEATHER-BASED SYSTEM USING LOW FLOW DRIP AND BUBBLER SYSTEM.

6. STREET TREES SHALL BE TIED INTO IRRIGATION SYSTEM.
7 . 58% OF ALL PLANTS PROPOSED ARE NATIVE AND WILD-LIFE SUPPORTING.

8. PLANT SELECTION AND DESIGN TO COMPLY WITH BAY-AREA FRIENDLY BASICS LANDSCAPE CHECKLIST.

IRRIGATION SYSTEM DESIGN INTENT

1. THIS PLAN SHALL COMPLY WITH THE REQUIREMENTS OF THE STATE OF CALIFORNIA’S MODEL

WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO), CITY OF BERKELEY, AND EAST BAY

MUNICIP
AL UTILITY DISTRICT (EBMUD) WATER DISTRICT.

2. THE IRRIGATION SYSTEM SHALL BE DESIGNED TO PROVIDE THE MINIMUM AMOUNT OF WATER NECESSARY TO SUSTAIN GOOD PLANT HEALTH.

3. THE IRRIGATION SYSTEM IS TO BE A FULLY AUTOMATIC, WEATHER-BASED SYSTEM USING RAIN

SENSOR, LOW FLOW DRIP , BUBBLER DISTRIBUTION, AND ROTOR WITH MATCHED PRECIPITATION RATE NOZZLES DESIGNED FOR HEAD-TO-HEAD COVERAGE.

4. ALL SELECTED COMPONENTS SHALL BE PERMANENT, COMMERCIAL GRADE, SELECTED FOR

DURABILITY, VANDAL RESISTANCE AND MINIMUM MAINTENANCE REQUIREMENT, INSTALLED BELOW-GRADE, AND DESIGNED FOR 100% COVERAGE.

5. THE SYSTEM SHALL INCLUDE A MASTER CONTROL VALVE, RAIN SENSOR AND FLOW SENSING

CAPABILITY CONNECTED TO THE IRRIGATION CONTROLLER WHICH WILL SHUT DOWN ALL OR PART OF THE SYSTEM IF LEAKS ARE DETECTED.

6. THE IRRIGATION SYSTEM SHALL BE DESIGNED TO DELIVER WATER TO HYDROZONES BASED ON MOISTURE REQUIREMENTS OF THE PLANT GROUPING.
7 . COLOR CODED HYDROZONE LANDSACPING HYDROZONE MAP WITH GROUPING AND

COLLOCATING PLANTING MATERIAS BY WUCOLS WATER USE CATEGORY VL, L, M, OR H, PER [CGBSC 4.304}, TO BE PROVIDED IN PERMIT DRAWINGS.

8. RAIN SENSOR AND CONTROLLER LOCATION TO BE PROVIDED IN PERMIT DRAWINGS.

BIKE PARKING CALCULATIONS:

TOTAL SHORT TERM BIKE PARKING STALLS PROVIDED: 10 STALLS (5 BIKE RAC
KS)

EXISTING TREE PROTECTION NOTES

1. PRIOR TO AND DURING DEMOLITION, GRADING AND CONSTRUCTION, THE EXISTING TREE ON THE DRAWINGS

SHALL BE PROTECTED BY FENCING INSTALLED OUTSIDE THE EXISTING DRIPLINE OF THE TREE, OR AS OTHERWISE SHOWN

ON THE DRAW
INGS. FENCING MAY OCCUR AT THE COMBINED DRIPLINES OF GROVES OF TREES.

2. EXISTING TREE DRIPLINES ARE SHOWN DIAGRAMMATICALLY ON THE PLANS; TREE PROTECTION FENCING INDICATED AT THEIR PERIMETER IS LIKEWISE DIAGRAMMATIC. THE LENGTH OF ALL TREE PROTECTION FENCING IS TO BE MEASURED IN THE FIELD ACCORDING TO THE TRUE SHAPE AND DIAMETER OF TREE DRIPLINES.

3. FENCING SHALL BE SIX FOOT HIGH CHAIN LINK WITH STEEL POSTS EMBEDDED IN THE GROUND. ALL FENCE SECTIONS SHALL BE CLEARLY MARKED WITH A SIGN STATING, “TREE PROTECTION ZONE.”

4. FENCING SHALL REMAIN IN PLACE THROUGHOUT THE CONSTRUCTION PERIOD UNTIL FINAL LANDSCAPE INSPECTION BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT.

5. 3” DEEP MULCH IS TO BE PLACED BENEATH THE DRIPLINE OF ALL TREES SHOWN TO BE PROTECTED WITH FENCING.

6. NO GRADING OR CONSTRUCTION WORK SHALL OCCUR WITHIN THE DRIPLINE OF EXISTING TREES, WHETHER SHOWN WITH TREE PROTECTION FENCING OR NOT. IF EXCAVATION WITHIN THE DRIPLINE IS NECESSARY, THE CONTRACTOR SHALL HAND DIG UNDER THE DIRECTION OF A CERTIFIED ARBORIST. CONTRACTOR TO NOTIFY AND COORDINATE WITH CERTIFIED ARBORIST AT LEAST 72 HOURS PRIOR TO ANY WORK BEING DONE IN DRIPLINE. THE CONTRACTOR

SHALL HAVE A CERTIFIED ARBORIST ON SITE TO MONITOR ALL ROOT PRUNING AND BRANCH PRUNING OF EXISTING TREES.
7 . NO STOCKPILING/STORAGE OF FILL, ETC., SHALL TAKE PLACE UNDERNEATH OR WITHIN FIVE FEET OF THE DRIPLINE OF THE EXISTING TREES.

8. FOR ALL TREES TO REMAIN, NO OIL, GASOLINE, CHEMICALS, LIQUID WASTER, OR OTHER HARMFUL MATERIALS

SHALL BE DEPOSITED, DISPOSED OR STORED WITHIN THE DRIPLINE OF THE TREES OR IN DRAINAGE CHANNELS, SWALES, OR AREAS THAT MAY LEAD TO THE DRIPLINE WHETHER SHOWN WITH TREE PROTECTION FENCING OR NOT. LIKEWISE, NO EQUIPMENT MAY BE WASHED WITHIN THE DRIPLINE OR DRAINAGE CHANNEL OF ANY TREE.

9. NO EQUIPMENT MAY BE STORED WITHIN OR BENEATH THE DRIPLINES OF THE EXISTING TREES.

10. THE CONTRACTOR IS REQUIRED TO WATER, FERTILIZE, AND ATTEND TO ALL MAINTENANCE NEEDS OF ANY EXISTING

TREES, SHRUBS AND TURF TO REMAIN WHERE AFFECTED BY CONSTRUCTION WORK IN ORDER TO MAINTAIN HEALTHY GROWTH THROUGHOUT THE CONSTRUCTION PERIOD.

11. UNAUTHORIZED TREE REMOVAL IS SUBJECT TO REPLACEMENT EQUAL TO THE APPRAISED VALUE OF THE TREE LOST.

05.14.25 ZONING RESUBMISSION

Page 88 of 233 ends

Page 528 ends

3 CY
BIN
96 gal
96 gal
96 gal
96 gal
3 CY
BIN
3 CY
BIN
3 CY
BIN 3 CY
BIN3 CY
BIN
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal 3 CY
BIN
3 CY
BIN
CORR. EX
12SF
ELEV.

LOBBY
EXHST
12SF
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SFCORR. EX 12SF
GREEN CONT.
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

12.19.24 ZONING APPLICATION SUBMISSION
2029 University Ave.

Berkeley, CA
CRLA #3335 · 2 Theatre Square #218 · Orinda CA · 94563
925.254.5422 · www.jett.land
LANDSCAPE ARCHITECTURE + DESIGN

03.28.25 ZONING RESUBMISSION
L4.01

PLANTING PLAN -

GROUND FLOOR

05.14.25 ZONING RESUBMISSION

Page 89 of 233 ends

Page 529 ends

1BR
4BR
1,495 SF
STUDIO
416 SF
STUDIO
416 SF
STUDIO
416 SF
MEP
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
TRASH
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
CORR. EX 12SF
GREEN CONT.

CORR
EXHST 12SF
4BR
1,495 SF
4BR
1,262 SF
3BR
1,007 SF
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

12.19.24 ZONING APPLICATION SUBMISSION
2029 University Ave.

Berkeley, CA
CRLA #3335 · 2 Theatre Square #218 · Orinda CA · 94563
925.254.5422 · www.jett.land
LANDSCAPE ARCHITECTURE + DESIGN

03.28.25 ZONING RESUBMISSION
L4.02

PLANTING PLAN -

PODIUM LEVEL

05.14.25 ZONING RESUBMISSION

Page 90 of 233 ends

Page 530 ends

CORR. EX
12SF
ELEV.

LOBBY
EXHST
12SF
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SFCORR. EX 12SF
GREEN CONT.
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

12.19.24 ZONING APPLICATION SUBMISSION
2029 University Ave.

Berkeley, CA
CRLA #3335 · 2 Theatre Square #218 · Orinda CA · 94563
925.254.5422 · www.jett.land
LANDSCAPE ARCHITECTURE + DESIGN

03.28.25 ZONING RESUBMISSION
L4.03

PLANTING PLAN -

ROOF DECK

05.14.25 ZONING RESUBMISSION

Page 91 of 233 ends

Page 531 ends

3 CY
BIN
96 gal
96 gal
96 gal
96 gal
3 CY
BIN
3 CY
BIN
3 CY
BIN 3 CY
BIN3 CY
BIN
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal 3 CY
BIN
3 CY
BIN
CORR. EX
12SF
ELEV.

LOBBY
EXHST
12SF
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SFCORR. EX 12SF
GREEN CONT.
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
96 gal
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

12.19.24 ZONING APPLICATION SUBMISSION
2029 University Ave.

Berkeley, CA
CRLA #3335 · 2 Theatre Square #218 · Orinda CA · 94563
925.254.5422 · www.jett.land
LANDSCAPE ARCHITECTURE + DESIGN

03.28.25 ZONING RESUBMISSION
L5.01

IRRIGATION PLAN -

GROUND FLOOR

05.14.25 ZONING RESUBMISSION

Page 92 of 233 ends

Page 532 ends

1BR
4BR
1,495 SF
STUDIO
416 SF
STUDIO
416 SF
STUDIO
416 SF
MEP
CORR. EX
12SF

FREIGHT
ELEV.

ELEV.

LOBBY
EXHST
12SF

FIRE SERVICE

ELEVATOR LOBBY
(150 SF MIN)
8'-0"
(8' MIN)
30'-0"
(30' MIN)
MEP
TRASH
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SF
STAIR
A
VEST
A
STAIR
B
VEST
B
CORR. EX 12SF
GREEN CONT.

CORR
EXHST 12SF
4BR
1,495 SF
4BR
1,262 SF
3BR
1,007 SF
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

12.19.24 ZONING APPLICATION SUBMISSION
2029 University Ave.

Berkeley, CA
CRLA #3335 · 2 Theatre Square #218 · Orinda CA · 94563
925.254.5422 · www.jett.land
LANDSCAPE ARCHITECTURE + DESIGN

03.28.25 ZONING RESUBMISSION
L5.02

IRRIGATION PLAN -

PODIUM LEVEL

05.14.25 ZONING RESUBMISSION

Page 93 of 233 ends

Page 533 ends

CORR. EX
12SF
ELEV.

LOBBY
EXHST
12SF
STAIR
SHAFT
25SF
SHAFT
5SF
GARAGE
EXHST 12SF

STAIR SHAFT
25SFCORR. EX 12SF
GREEN CONT.
2029

UNIVERSITY

STUDENT

HOUSING

ALL DRAWINGS AND WRITTEN MATERIAL APPEARING

HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED

WORK OF THE ARCHITECT AND MAY NOT BE

DUPLICATED, USED OR DISCLOSED WITHOUT WRITTEN
CONSENT OF TRACHTENBERG ARCHITECTS.
2327JOB:

SHEET:
2421 Fourth Street
Berkeley, California 94710
510.649.1414
www.TrachtenbergArch.com

TRACHTENBERG

ARCHITECTS

12.19.24 ZONING APPLICATION SUBMISSION
2029 University Ave.

Berkeley, CA
CRLA #3335 · 2 Theatre Square #218 · Orinda CA · 94563
925.254.5422 · www.jett.land
LANDSCAPE ARCHITECTURE + DESIGN

03.28.25 ZONING RESUBMISSION
L5.03

IRRIGATION PLAN -

ROOF DECK

05.14.25 ZONING RESUBMISSION

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STEWART WEINBERG
DAVID A. ROSENFELD
WILLIAM A. SOKOL

LINDA BALDWIN JONES
ALAN G. CROWLEY
KRISTINA L. HILLMAN♣
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OF COUNSEL
ROBERTA D. PERKINS
ROBERT E. SZYKOWNY
ANDREA K. DON

ANTONIO RUIZ
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LABOR EDUCATOR
NINA FENDEL (Retired Attorney)
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December 1, 2025
Via Email and Hand Delivery
Mayor Adena Ishii and City
Councilmembers Rashi Kesarwani, Terry
Taplin, Ben Bartlett, Igor Tregub, Shoshana
O’Keefe, Brent Blackaby, Cecilia
Lunaparra, and Mark Humbert
2180 Milvia Steet, 1st Floor
Berkeley, CA 94704
[email protected]
City Clerk Mark Numainville
2180 Milvia Steet, 1st Floor
Berkeley, CA 94704
[email protected]
Re: Appeal to City Council of 2029 University Avenue Use Permits #ZP2024-0181, #ZP2024-0182
Dear Mayor Ishii, City Council Members Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, and Humbert, and City Clerk Numainville:

Our law office represents the Building and Construction Trades Council of Alameda County, AFL-CIO (“Trades Council”) and the Northern California Carpenters Regional Council also known as the Nor Cal Carpenters Union (“Carpenters”). We write on behalf of the Trades Council and Carpenters to appeal the approval by the City of Berkeley (“City”) Zoning Adjustment Board (“ZAB”) of Use Permits #ZP2024-0181 and #ZP2024-0182 for the 2029 University Avenue project (“Project”).1 The Trades Council appeared at the November 13, 2025 ZAB hearing to oppose approval of the Use Permits as presented.

The Project is proposed by Laconia Development (“Applicant”). Applicant applied for Use Permits for two alternative housing development projects at 2029 University Avenue in the City.

Both Project alternatives proposed 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 residential building, but one alternative proposed the creation of 240 multifamily apartment units (18 moderate income and 18 very low-income) while the other proposed the creation of 160 student housing units (12 moderate income and 12 very low-income). 1 City of Berkeley Zoning Adjustments Board Notices of Decision, 2029 University Avenue (Multifamily) and 2029 University Avenue (Student-Oriented), Date of Board Decision November 13, 2025, Date Notice Mailed November 17, 2025, Appeal Period Expiration December 1, 2025 (“Notice s of Decision”).

Attachment 2

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This appeal of Use Permits #ZP2024-0181 and #ZP2024-0182 for the Project is timely filed within fourteen (14) days of the City’s November 17, 2025 mailing of the Notices of Decision, pursuant to Berkeley Municipal Code (“BMC”) section 23.410.020. This appeal is accompanied by payment of the requisite fee of $3000.2
This appeal pertains to Applicant’s requested “concessions” under the Density Bonus Law (Gov. Code, § 65915, et seq. or “DBL”), which are as follows:

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” requirement as required by BMC section 23.304.150.

In particular, this appeal pertains to the first two requested concessions above, which refer to the City’s HARD HATS Ordinance (BMC § 13.107.010 et seq. or “HARD HATS”), which was adopted on May 2, 2023 and took effect on January 1, 2024. For the reasons that follow, these two requested concessions are improper under the DBL and should be denied.

I. The City Should Not Grant Concessions that Waive Local Labor Standards The City should not grant concessions under the DBL that waive local labor standards. The Applicant is pursuing a novel and unorthodox strategy of using DBL concessions to avoid two construction labor standards, namely, the requirement to provide health care and apprenticeship training. Until very recently, the Trades Council and Carpenters were not aware of any project that had received similar concessions from the City (or any city). The requested concessions are an attempted misuse of the DBL to avoid important labor standards that the City enacted to protect public health and safety.

On October 21, 2025, our office made a California Public Records Act request to the City seeking all records relating to whether the City has, at any time, granted any State Density Bonus concessions or waivers relating, in any way, to the City's HARD HATS Ordinance. The City responded that the only project that has received such concessions is the 2425 Durant project, which the Trades Council and the Carpenters appealed and will be heard by City Council on February 10, 2026.3

2 Notice of Decisions, page 4; BMC § 23.410.030. The Trades Council and Carpenters believe a single appeal is proper pursuant to BMC §§ 23.410.030(A) “(Appeals shall be filed and processed consistent with Chapter 23.404 (Common Permit Requirements) except as otherwise specified in this chapter”) and 23.404.020(F) (“An applicant shall request City approval of all required permits as part of a single application. . . .”). Since the Berkeley Municipal Code establishes that all permits for a project be filed as part of the same application and that appeals be filed consistent with permit applications, it follows that appeals of two different use permits for a single project should be filed as one appeal. That should especially be true where, as here, the appellant’s reasons for appealing both permits are identical. In an abundance of caution, however, the Trades Council and Carpenters are prepared to file two copies of this letter and two filing fees in case the City believes this appeal should be filed and processed as two separate appeals.
3 The response received from the City of Berkeley Planning and Development Department was previously submitted to City Council in relation to the Trades Council and Carpenters’ 2298 Durant & 2360 Ellsworth ZAB appeal and can be provided again upon request.

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II. The City Cannot Waive HARD HATS’ Healthcare and Apprenticeship Standards Because Such Waiver Does Not Constitute a Concession or Incentive Under DBL The DBL, Government Code section 65915(k), establishes that a “concession or incentive means any of the following”: “(1) [a] reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission . . . including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions . . . .”; “(2) [a]pproval of mixed-use zoning in conjunction with the housing project . . . .”; or “(3) [o]ther regulatory incentives or concessions proposed by the developer or the city. . . that result in identifiable and actual cost reductions to provide for affordable housing costs . . . . ”4 As used in the DBL, “development standard” means a:
. . . site or construction condition, including but not limited to a height limitation, a setback requirement, a floor area ratio, an onsite open -space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential develop ment pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.5
Here, the City cannot waive HARD HATS’ apprenticeship or health care expenditure requirements on the Project because such waiver would not qualify as a “concession or incentive” under the DBL.

Contrary to Applicant’s argument, HARD HATS’ labor requirements are not “site development standards” and therefore not subject to reduction via “concession or incentive” pursuant to Government Code section 65915(k)(1).

As stated above, under the DBL, a “development standard” is either a “site” or “construction” development standard depending on whether it is “a site or construction condition,” and only “site development standards” can be reduced by concession or incentive under Government Code section 65915(k)(1). The three examples of “site development standards” the DBL lists are: “setback . . . requirements,” “square footage requirements,” and “the ratio of vehicular parking spaces that would otherwise be required.” Under the statutory construction principle of ejusdem generis, by which courts “interpret a general or collective term” in a list of items “in light of any common attributes shared by the specific items,”6 “site development standards” should be interpreted as relating to physical characteristics of a development as situated on its site because all three examples do. Here, HARD HATS’ labor requirements are plainly not “site development standards” because they do not amount to physical conditions of how a project is situated on a site. Instead, the requirements are workers’ rights protections that relate only to how contractors working on the project should treat their workers.7 Moreover, HARD HATS’ requirements are also procedurally unlike the DBL’s examples of “development standards” even more broadly—“a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement,

4 Gov. Code § 65915, subds. (k)(1)-(3).
5 Id., § 65915, subd. (o)(2).
6 Southwest Airlines Co. v. Saxon (2022) 596 U.S. 450, 458 (quotation marks removed). 7 BMC § 13.107.030.

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or a parking ratio”—in that, unlike all these examples, they have extra enforcement mechanisms outside of any zoning code in order to benefit the workers they seek to protect, namely a private right of action whereby an affected worker or representative may bring a civil suit against a contractor employer who fails to abide by the wage and expenditure requirements.8 For these reasons, HARD HATS’ labor requirements do not meet the definition of development standards, let alone the more narrow category of site development standards subject to reduction via concession or incentive under the DBL.9 Finally, the legislative intent of the DBL demonstrates the waiver of HARD HATS’ labor requirements is not a DBL concession or incentive. The stated intent of the DBL is to allow developers “to include more total units in affordable housing projects than would otherwise be allowed by local zoning ordinances,” and to “cover at least some of the financing gap of affordable housing.”10 The Legislature also intended to “ensure that any additional benefits conferred upon a developer are balanced with the receipt of a public benefit in the form of adequate levels of affordable housing.”11 In other words, the Legislature was mindful of the need to balance housing density with social benefits, not disregard social benefits like labor standards.

The requested health care expenditure concession is doubly in conflict with the intent of the DBL because, in addition to threatening the health and safety of construction workers, the concession would suppress their total compensation and make the very housing they are building less affordable to them. This outcome would be antithetical to the intent and policy of the DBL, which is ultimately to make housing more affordable. Historically speaking, the DBL waivers and concessions that have been granted by the City over the years have not posed this problem. The DBL should not be misused to allow developers to avoid minimum labor standards or other social benefits.

For the reasons set forth above, the City cannot waive HARD HATS’ health care expenditures and apprenticeship requirements because such waiver does not constitute a concession or incentive under the DBL.

III. Even if the Waiver of HARD HATS’ Health Care & Apprenticeship Requirements Were Concessions or Incentives Under the DBL, the City Should Not Grant Them Because the Waiver Would Have Specific, Adverse Impacts Upon Public Health and Safety The DBL provides that a city shall grant an applicant’s proposal for a concession or incentive unless it “makes a written finding, based on substantial evidence, of any of the following: . . . .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 or on any real property that is listed in the California Register of Historical Resources and 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-

8 Id. § 13.107.111.
9 Additionally, no other DBL definition of “concession or incentive” applies. Government Code 65915(k)(2), relating to approval of “mixed-use zoning,” is inapplicable to the entirely residential Project. Government Code section 65915(k)(3) is largely redundant with (k)(1) and k(2) already discussed: in defining “concession or incentive” the paragraph circularly refers to “incentives or concessions,” thereby referring to the prior paragraphs defining the term, and only serves to clarify which entities may propose concessions or incentives.
10 Gov. Code, § 65915, subd. (u)(1)
11 Gov. Code, § 65915, subd. (u)(2).

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income households.”12 An impact is a “specific, adverse impact” when it is “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.”13 “Feasible” is defined as “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors,”14 and a “feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes “any cost effective method, condition, or mitigation imposed by a city or county on another similarly situated application in a prior successful application for a permit.”15
As explained below, waiving HARD HATS’ health care and the apprenticeship requirements would have a specific, adverse impact upon public health and safety, namely a blatant difference in health care expenditures for construction workers and a measurably increased likelihood of health and safety hazards on jobsites, which could not be feasibly mitigated or avoided. (a) Health Care
Waiving HARD HATS’ health care requirements would have a specific, adverse impact upon public health and safety that cannot be feasibly mitigated or avoided.

First, waiving these requirements would have a significant, quantifiable, direct, and unavoidable impact on public health and safety based on the policies of the HARD HATS ordinance itself as well as written public health safety conditions identified in research by the UC Berkeley Labor Center and Harvard Medical School and Cambridge Health Alliance.

A recent publication from the UC Berkeley Labor Center found that California construction workers were

2.6 times more likely than other California workers to be uninsured, and that California construction workers and/or their dependents account for a disproportionately high percentage of spending on Medicaid/CHIP.16 Additionally, a study conducted by Harvard Medical School and Cambridge Health Alliance found that uninsured, working-age Americans have a 40% higher risk of death compared to those with insurance.17
The City adopted the health care expenditure requirement in HARD HATS precisely to “enhance the good health of construction workers working in the City” and thereby combat these public health and safety

12 Gov. Code, § 65915, subd. (d)(1)(B); see also, Gov. Code, § 65915, subd. (d)(3) (“[t]his subdivision shall not be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph ( 2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitiga te or avoid the specific, adverse impact.”)
13 Gov. Code, § 65589.5, subd. (d)(2).
14 Id., § 65589.5, subd. (h)(1).
15 See Health & Saf. Code, § 17959.1, subd. (e)(1). Like the DBL, Health and Safety Code section 17959.1 concerns government permitting and feasible alternatives and uses identical language. It explains in relevant part, “a city or county may not deny an application . . . to install a solar energy system unless it makes written findings based upon substantial evidence . . . the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 16 See https://laborcenter.berkeley.edu/the-public-cost-of-low-wage-jobs-in-californias-construction-industry/. 17 See https://news.harvard.edu/gazette/story/2009/09/new-study-finds-45000-deaths-annually-linked-to-lack-of-health- coverage/.

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harms that result from uninsured construction workers.18 Granting Applicant a waiver of this requirement would directly, unavoidably and significantly undermine the City’s protective framework and place the health of workers on the Project at greater risk by exempting all contractors on the Project from having to contribute to their workers’ health care costs, leaving many workers without any health care coverage or dedicated funds to spend on their health care. Additionally, this impact would be quantifiable because the City could ask each contractor working on the Project whether, in the absence of HARD HATS, they would make health care expenditures for their workers and, if so, how much those expenditures would be. The City could then determine how much higher those expenditures would be under HARD HATS’ statutory formula, which is simple math.

Finally, there is no “feasible” method to avoid or mitigate the specific, adverse impact on workers’ health care coverage or other costs that waiving HARD HATS’ health care expenditure requirement would produce. Most future Project workers will not be eligible for government-sponsored healthcare because their incomes exceed Medi-Cal eligibility thresholds, they do not have “Satisfactory Immigration Status”19 or are otherwise not Medi-Cal eligible.20 Given this country has not evolved to the point where it has passed universal health care, and is highly unlikely to do so “within a reasonable period of time,” there is no feasible alternative to contractor employers on the Project contributing to their workers’ health care costs. (b) Apprenticeship Requirements
Waiving HARD HATS’ apprenticeship requirements would also have a specific, adverse impact upon public health and safety that cannot be feasibly mitigated or avoided.

First, waiving the apprenticeship requirements would have a significant, quantifiable, direct, and unavoidable impact on public health and safety based on the policies of the HARD HATS ordinance itself as well as written public health safety conditions identified in a study of the construction industry by the Illinois Economic Policy Institute (“ILEPI”) and the Washington State Department of Labor & Industries (“L&I”).

L&I’s 2023 study found that an “apprenticeship program is associated with fewer work injuries”; even controlling for variables, workers with apprenticeship training had a 46% lower rate of accepted workers’ compensation claims compared to workers in the same field with no apprenticeship training.21 Additionally, ILEPI’s study found that in 2019 alone, jobsites participating in joint management apprenticeship programs— were 19% less likely to have health and safety violations and had an average of 34% fewer violations per inspection” than those that did not.22

18 BMC § 13.107.020.
19 The Migration Policy Institute estimates that over 84,000 construction workers in northern California counties are “unauthorized” immigrants. See https://www.migrationpolicy.org/programs/us-immigration-policy-program-data- hub/unauthorized-immigrant-population-profiles.
20 A family of four with an income above $44,367 is ineligible. For definitions of Unsatisfactory Immigration Status, see https://www.dhcs.ca.gov/Medi-Cal/Pages/immigration-status-categories.aspx. 21 See https://www.sciencedirect.com/science/article/pii/S0022437522001451 . Study of journey level plumbers. Variables controlled include “controlling for differences in year . . . worker age . . . number of employers . . . size of employer, l icense for plumbing specialty other than [journey level plumber], and workers’ compen sation claim rate in the five years prior to [journey level plumber] certification.”
22 See https://theconstructionbroadsheet.com/report-union-construction-jobsites-significantly-safer-than-nonunion-site-p547- 175.htm.

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This is precisely why the City adopted apprenticeship requirements in HARD HATS: to ensure contractors in the City invest in apprenticeship and thereby ensure workers are “competently trained” on City projects.23 HARD HATS requires each contractor on covered projects to participate in an approved apprenticeship program.24 Allowing Applicant to avoid apprenticeship requirements would directly, unavoidably and significantly undermine the City’s protective framework and place workers’ health and safety at greater risk by exempting all contractors on the Project from participating in apprenticeship programs that decrease health and safety violations. This impact is also quantifiable. The City could ask contractors how many apprentices they would have on the Project in the absence of HARD HATS. The answer is likely to be zero or close to zero for non-union contractors because, in the absence of HARD HATS, contractors typically only employ apprentices when required to by the Labor Code or by a collective bargaining agreement with a union. The City could then conclude that waiving HARD HATS’ apprenticeship requirements on the Project would lead to a significant drop in apprenticeship participation and determine the projected increase in safety violations and workers’ compensation claims according to the studies above. Finally, no feasible alternatives exist because research has shown that in the absence of either collective bargaining agreements or government regulation, apprenticeship training is unlikely to occur and worksite injuries are therefore more likely to occur.25 As it is beyond the scope of local governments’ powers to regulate collective bargaining, and dedicating a sufficient number of City employees to monitor all of Berkeley’s major construction sites for safety regulation compliance is fiscally infeasible, the HARD HATS regulation is the sole available, feasible alternative.

For the reasons described above, waiving HARD HATS’ health care and apprenticeship requirements would have a specific, adverse impact upon public health and safety that could not be feasibly mitigated or avoided. Thus, even if the waiver of HARD HATS’ requirements qualified as concessions or incentives under the DBL—which they do not—the City should make a written finding about this specific, adverse impact and decline to grant the concessions or incentives.

IV. Alternatively, the City Could Request Reasonable Documentation to Support the Concessions and/or Remand the Matter Back to ZAB For Further Consideration The DBL “does not prohibit a local government from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus.”26 This includes incentives or concessions.27 Moreover, the local government is also tasked with “provid[ing] the applicant with a determination as to the following matters:

23 BMC § 13.107.020.
24 BMC § 13.107.040. A contractor may also make contributions to the California Apprenticeship Council (BMC § 13.107.040), which would fulfill the same purposes of participating in apprenticeship programs given the California Apprenticeship Council is exclusively dedicated to supporting state-approved apprenticeship programs and would spend all funds received accordingly, which would in turn improve worker safety as described in the studies above. 25 Waddoups, Jeff, “Union Coverage and Work-Related Training in the Construction Industry,” Industrial & Labor Relations Review Vol. 67, No. 2, April 2014, pp. 532-54; The Effect of Prevailing Wage Law Repeals and Enactments on Injuries and Disabilities in the Construction Industry - Zhi Li, Chimedlkham Zorigtbaatar, Gabriel Pleités, Ari Fenn, Peter Philips, 2019; APPRENTICESHIP TRAINING IN THE US CONSTRUCTION SECTOR (Bilginsoy, 2003). 26 Gov. Code, § 65915, subd. (a)(2).
27 Id., § 65915, subd. (b)(1).

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(I) The amount of density bonus, calculated pursuant to subdivision (f), for which the applicant is eligible.
(II) If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible.
(II) If the applicant requests incentives or concessions pursuant to subdivision (d) or waivers or reductions of development standards pursuant to subdivision (e), whether the applicant has provided adequate information for the local government to make a determination as to those incentives, concessions, waivers, or reductions of development standards.”28
In the case Schreiber v. City of Los Angeles, the Court of Appeal recognized that “[a] city or county is not prohibited from requesting or considering information relevant to cost reductions.”29 This is the case even though the statute places the ultimate burden of proof on the local government.30 Accordingly, the City can and should take the position that Applicant has not yet provided adequate information for the City to make a determination as to its requested concessions, and require Applicant to provide reasonable documentation in support of same.

Here, Applicant has not provided the City evidence to substantiate its requested concessions. It simply claimed cost-reduction impacts.31 The ZAB findings similarly do not provide any rationale whatsoever that the requested concessions do not have a specific, adverse impact on public health or safety.32 Instead, the ZAB makes summary conclusions by referencing back to the law without any analysis or explanation.33 Thus, if the City disagrees with the Trades Council and Carpenters and is inclined to treat the HARD HATS waiver as concessions, the Trades Council and Carpenters respectfully request that the City at least remand this matter to the ZAB to request reasonable documentation from Applicant in support of the requested concessions, so the City can determine whether they should be granted.

V. Conclusion

28 Id.. § 65915, subd (i).
29 Schreiber v. City of L.A. (2021) 69 Cal.App.5th 549, 557. 30 Gov. Code, § 65915, subd. (d)(4); Schreiber at p. 556-557 (“This subdivision does not prohibit a local government from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, as described in subdivision (d), or waivers or reductions of development standards, as described in subdivision (e).”)
31 See Rhoades Planning Group Nov. 13, 2025 Memorandum. The Memorandum asserted dollar costs but did not provide any clues as to the data or methodology used to arrive at the claimed costs. Simple math suggests that the Applicant’s consultant assumed Project contractors will employ construction trades workers fo r an unreasonably high average number of work hours per unit: ($1,893,000 claimed “Apprenticeship Project Cost Reduction” ÷ 240 units) ÷ $3.10 (plumber apprentice contribution rate) = 2,544 trades work hours per unit. Carpenters research into other Alameda County multifamily residential projects’ total construction trades work hours suggests the Applicant’s implicit assumption regarding Project work hours is inflated by 50% before considering the likelihood the Project will include at least some unionized c onstruction trades contractors, with or without the requested concessions.
32 See Gov. Code, § 65915, subd. (d)(1)(B).
33 Notices of Decision, p. 7.

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The Trades Council and Carpenters respectfully request City Council reverse the ZAB decision approving Use Permits #ZP2024-0181 and #ZP2024-0182 for the Project with the HARD HATS concessions or reverse the ZAB decision with respect to the HARD HATS concessions but approve the remainder of the Use Permits. In the alternative, if the City disagrees and is inclined to treat the HARD HATS waiver as concessions, the Trades Council and Carpenters request the City Council at least remand the matter to ZAB to reconsider the application in light of the foregoing34 and direct staff to request supporting documentation from Applicant and confer with Applicant regarding the grounds for its requested concessions. The City may also, if appropriate, request that the Applicant voluntarily agree to rescind its requested concessions in order to promote health and safety and the public benefits that would otherwise derive from the Project.

The Trades Council and Carpenters request that the City schedule a hearing on this appeal before the City Council at the earliest feasible date.35 The Trades Council and Carpenters reserve the right to submit additional correspondence and evidence concerning this appeal prior to the hearing date.36 Thank you for your consideration of this appeal. Feel free to contact the undersigned with any questions or concerns.

Sincerely,

Andrea Matsuoka

Jolene Kramer

ACM:

cc: City of Berkeley Planning Department, via e-mail only ([email protected])

102764\1620567

34 BMC § 23.410.040(G).
35 BMC § 23.410.040(A).
36 BMC § 23.410.040(F).

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Zoning Adjustments Board Staff Report
ng & Zo
Staff R
Project Facts Project Description:

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
SB330 Pre-Application Vest Date: January 9,
2025
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.

Zoning Permits Requested:

APP # ZP2024-0182
Use Permit for a Project at 2029 University Avenue (Student-Oriented) November 13, 2025
Item 6c, Staff Report
ZAB 2025-11-13

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Attachment 3

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Zoning Adjust
ments Board Staff Report
Use Permit Application Completion Date:

May 22, 2025
Project Planner: Nilu Karimzadegan

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:

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 Floor 3-22, where 15 feet is the minimum, between 76 to 120 feet in height.

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Zoning Adjust
ments Board Staff Report

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:

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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ZONING MAP
Figure 1: Vicinity and Zoning Districts Map
Comparison of Adjacent Properties
Vicinity GP Land Use Zoning Current Use
Subject
Property
Downtown Mixed-Use
(DT)
Downtown Mixed-
Use District Outer
Core Sub-Area
(C-DMU Outer Core)
Retail spaces and parking lot
North Medium Density
Residential (MDR)
Downtown Mixed-
Use District, Buffer
Sub-Area
(C-DMU Buffer)
Residential Building/ Hope
Center
South Downtown Mixed-Use
(DT)
Downtown Mixed-
Use District, Core
Sub-Area (C-DMU
Food Service, Retail, Theater
Project Site
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Core)
East Downtown Mixed-Use
(DT)
Downtown Mixed-
Use District Outer
Core Sub-Area
(C-DMU Outer Core
Tourist Hotel
West Avenue Commercial
(AC)
Downtown Mixed-
Use District Outer
Core Sub-Area
(C-DMU Outer Core)
Retail
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AERIAL VIEW
Existing Site Plan
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EXISTING STREET VIEW (UNIVERSITY AVENUE)

PROPOSED STREET VIEW (DURANT AVENUE)
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BACKGROUND
Subject Site
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 rectangular flat, 114- feet- deep, 108 feet-wide parcel, 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.

Neighborhood/Area Description:

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). The project site is surrounded primarily by commercial and multi-family residential/mixed-use buildings ranging in height from one story (2013 University Avenue) to eight stories (2067 University Avenue). The project site is located in an area where several modes of public transportation are available – multiple AC Transit bus lines on University Avenue, bike share station, and the Downtown Berkeley BART station, which is located

0.3 mile to the southeast of the site.

Community Meeting
Prior to submitting this application, the applicant installed a pre -application poster on site in December 2024 and invited interested neighborhood organizations as well as owners and occupants located within 300 feet of the project site to a project preview meeting on December 13, 2024 and attended by 9 individuals.

At the conclusion of the presentation, one member of the public — the owner of Red Tomato Pizza at 2017 University Avenue, raised questions regarding traffic control during construction. The proj ect team responded by explaining the standard Conditions of Approval associated with the Use Permit application.

On October 17, 2025, October 20, 2025 and October 30, 2025 staff received three emails from Christopher Kroll (Attachment 7) expressing concerns regarding the applicant’s request for a concession from the City’s Bird Safe Ordinance . In his email, Mr. Kroll emphasized the importance of bird safe glass, particularly for high rise developments such as the one proposed, and questioned the City’s rationale for allowing an exemption from this requirement. In response, staff explained that State law supersedes local ordinances, and the California Department of Housing and Community Development (HCD) has advised that Density Bonus Law (DBL) concessions apply to City requirements that could increase project costs. Staff added that this HCD guidance is interpreted to include provisions such as the bird safe requirement. Under State law, the City cannot deny a housing project unless specific findings— can be made and Staff is not able to make those findings.

On October 30, 2025, the City mailed public hearing notices to property owners and occupants within 300 feet of the project site, and to interested neighborhood organizations. The City also posted notices within the neighborhood at nearby three locations.

No additional comments have been received in response to the public hearing notice at this time.

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ANALYSIS
Project Scope
The proposed project would demolish the existing commercial building, to construct a 23- story, 256 feet, approximately 19 1,922-square-foot residential building with 160 units. The major components of th is multifamily building are as follows:
• 160 dwellings (60 Studio
s, 20 one-bedrooms, 20 three-bedrooms, 60 four-bedrooms) • 380 Bedrooms
• G
round Floor residential program includes the lobby, bike room, mail room, as well as the trash room, back of house service areas and utilities
• 2,905-square-foot Community spaces lounge/work area on Level 23 • 2,197-square-foot Fitness center on Level 23
• 2,055-square-foot roof deck Useable Open Space on Level 23 • 29 off-street parking spaces on Second Floor garage
• 167 Long-Term and 10 Short-Term Bicycle parking spaces Findings
Draft findings for approval can be found in Attachment 2 to the staff report.

Base Project and Density Bonus
The applicant has requested a Density Bonus under the State Density Bonus Law (Govt. Code Section 65915). Under the City’s Density Bonus procedures, the “base project 1” is 80 units, as the maximum allowable density for the site. The base project and the resulting 23-story proposed project both have an average unit size of 1,200 square feet. By providing 12 Very Low Income and 1 2 Moderate Income units on site (30% percent of the 80-unit base density), the project is eligible for a 100 percent density bonus, or 80 additional units for a total of 160 units.
1 Per the City’s Density Bonus Procedures (DBP) , the base project is the largest project allowed on the site that is fully compliant with district development standards (i.e. height, setbacks, usable open space, parking, etc.), or, the maximum allowable density for the site. The City uses the DBP to calculate the maximum allowable density for a site where there is no density standard in the zoning district, and to determine the number of units in the proposed project, which is the number of base project units plus the number of density bonus units that can be added according to the percentage of BMR units proposed, per Government Code, Section 65915(f).

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Base Project
Units a
Qualifying
Units
Percent Density
Bonus Number of Density Bonus Units a Proposed
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
Concession and Waivers Pursuant to State Density Bonus Law (CA Govt. Code Section 65915) The project is entitled to 3 concessions (or incentives) under Government Code Section 65915(d), and an unlimited number of waivers under Section 65915(e).

A concession is a modification of a development standard that reduces the cost of providing affordable housing. The applicant is requesting three concessions for the project: exemption from the “Apprenticeship Requirements” and from the “Health Care Expenditures” in the Establishing Healthcare and Apprenticeship Standards for Private Development ordinance, and Bird Safe Building requirements.

The City may only deny the concession if it finds that the concession would have a specific adverse impact upon public health and safety 2, 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 concession would be contrary to State or Federal law. Staff believe such a finding cannot be made.

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 concessions. The applicant is requesting waivers from the following development standards: Setbacks, Usable Open Space, Usable Open Space landscaped area, building height, building’s width over 120 feet in height and Projection Above Height Limit.

The City may only deny the waivers if it finds that the waivers would have a specific adverse impact upon public health and safety3, 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. Staff believe such a finding cannot be made.

Environmental Review
It is staff’s recommendation to the Zoning Adjustments Board (ZAB) that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code Section 2 A “specific, adverse impact” means “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.”
3 See footnote 2.

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21000, et seq. and California Code of Regulations, Section 15000, et seq.) pursuant to Section 15332 (“Infill Development Project”) of the CEQA Guidelines. The determination is made by ZAB. Specifically:
• 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. The project is not located in an environmentally sensitive area; the cumulative impact of successive projects of the same type in the same place over time would not be significant; there are no “unusual circumstances” at the project site that would 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.

ADVISORY BODY REVIEW
Design Review Committee (DRC) Review: Preliminary Design Review The Design Review Committee (DRC), conducted Preliminary Design Review at a meeting held on October 16, 2025 where it forwarded a favorable recommendation to the ZAB and provided the following direction for Final Design Review (FDR): MOTION (Muszynski, Woo) VOTE (5-0-0-2) Gaffney, Tam - absent.

Recommendations
Site Design / Neighborhood Context
• West facade is most visible when traveling east on University Avenue - continue to develop this facade so not so static.
• Recommend some ground floor commercial space with some reorganization of the lobby space.
• Ground floor facade needs more warmth and interest and should feel more local.

Exterior Finishes
• Continue to develop color palette for FDR and consider adding more color.

Terra cotta color proposed appears to be successful.

Landscaping
• Consider an additional outdoor area on roof at northwest corner, partially covered for more variety.

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• Vary seating in lounge area and outdoor open space.
• Recommend more street trees where possible.

Building Design / Details
• Consider windows in bedrooms wherever possible.
• Minimize noise with parking lifts. Report on this at FDR. • Consider parapet wall with a smaller glass segment for a stronger visual top. • Consider thinner band at top of facade, not bottom, for a stronger presence. • There was a strong objection to a concession to waive bird safe requirements.
• Recommend amenity space throughout floors, not just on the roof and ground floor.
• Glass railing at roof should be bird safe.
• Recommend operable windows, and larger where possible

Recommendations Specific to Student Housing
• Street elevations on student housing should be further refined.

Symmetry on student housing front elevation is too stagnant. • Continue to develop student housing unit plans where one bed is behind two closets and much further from the window.
• Recommend no parking for student housing.

Landmarks Preservation Commission Review: Demolition Referral The project would demolish two commercial buildings that are over 40 years old . The Historic Resource Evaluation (HRE) for the subject property was completed by Left Coast Architectural History on November 6, 2024 and determined that the building proposed for demolition does not meet the criteria for the California Register or a City of Berkeley Landmark or Structure of Merit. Pursuant to BMC Section 23.326.070(C), the proposed demolition was referred to the LPC for review prior to the consideration of the Use Permit. The LPC reviewed the demolition referral on September 4, 2024, and took no action.

POLICY CONSISTENCY

Housing Accountability Act
Pursuant to the Housing Accountability Act (HAA), California Government Code Section 65589.5(j), when a proposed housing development complies with the applicable, objective general plan and zoning standards, but a local agency proposes to deny the project or approve it only if the density is reduced, the agency must base its decision on written findings supported by substantial evidence that:

1. The development would have a specific adverse impact on public health or safety 4 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.

4 See footnote 2.

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The project is a “housing development project” consisting of a residential only bui lding. The Base Project
includes Use Permits and/or Administrative Use Permits to modify height, setbacks and rooftop equipment allowances, and complies with applicable, objective general plan and zoning standards. Government Code Section 65589.5(j)(3) provides that a request for a density bonus “shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision.” Therefore, the City may not deny the Base Project or density bonus request or reduce the density with respect to those units without basing its decision on the written findings under Section 65589.5(j), above.

While the project may include other Use Permits or Administrative Use Permits to modify standards not associated with the base project, there are no objective criteria in the findings therefore the project still complies with the HAA. The ZAB has the discretion to approve, deny, or modify the request according to the zoning findings, provided the action does not reduce the project density or effectively deny the project by making it infeasible, unless the ZAB is also able to make the required findings for denial set forth under Section 65589.5(j), above.

Staff is not aware of specific adverse impacts that could occur with the construction of the project.

Housing Crisis Act of 2019 – Senate Bill (SB) 330
The Housing Crisis Act, also known as Senate Bill 330, seeks to boost homebuilding throughout the State with a focus on urbanized zones by expediting the approval process for and suspending or eliminating restrictions on housing development. A “housing development project” can include any of the following:
residential units only; mixed use consisting of residential and nonresidential uses in which at least two - thirds of the square-footage is designated residential, and transitional or supportive housing. Sections of SB 330 that apply to the proposed project include the following:

1. Government Code Section 65905.5(a) states that if a proposed housing development project complies with the applicable, objective general plan and zoning standards in affect at the time an application is deemed complete, then the city shall not conduct more than five hearings in connection with the appro
val of that housing development project. This includes all public hearings in connection with the approval of the housing development project and any continuances of such public hearings. The C ity must consider and either approve or disapprov e the project at any of the five hearings consistent with applicable timelines under the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)).

November 13, 2025, ZAB hearing represents the third public hearing for the proposed project since the project was deemed complete. The City can hold two additional public hearings on this project, if needed including any possible appeal to the City Council.

2. Government Code Section 65913.10(a) requires that the City determine whether the proposed development project site is a historic site at the time the application for the housing development project is deemed complete. The determination as to whether the parcel is a historic site must remain valid during the pendency of the housing development project, unless any archaeological, paleontological, or tribal cultural resources are encountered during any grading, site disturbance, or building alteration activities. Base on the conclusion provide on the Historic Resource Analysis prepared by Left Coast Architectural History dated November 6, 2024, the property at 2029 -2039 University Avenue does not appear to be eligible for listing the California Register of Historical Resources or as a City of Berkeley Landmark or Structure of Merit. Therefore, it does not qualify as a historic resource for the purposes of the California Environmental Quality Act (CEQA).

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3. The project’s SB 330 Preliminary Application (#PLN2024 -0070) which v e sts local ordinances, policies, and standards, as well as the historic resource status of the site was complete on January 9, 2025. This means the housing development is vested under the provisions of SB330 with no historical designation status under the local register and therefore, the City will be precluded from imposing preservation - related conditions on the housing development project if it is approved.

4. Government Code Section 65950(a)(5) requires a public agency to approve or disapprove a project within 60 days from the determination that the project is exempt from the CEQA. A t the November 13, 2025 public hearing, the application must be approved or disapproved by January 12, 2026.

The project is scheduled for review by the Zoning Adjustments Board (ZAB) on November 13, 2025, at which time the Board may take action to approve, deny, or continue the application. If the Board votes to approve or deny the project, that decision will bec ome final at the end of the 14 -day appeal period, which begins once the ZAB Notice of Decision is issued — typically within one week of the hearing. If no appeal is filed during that period, the decision becomes effective and final. This timeline ensures that a final determination is made prior to the 60-day deadline, by January 12, 2026 deadline.

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

1. Policy LU -3 Infill Development: Encourage infill development that is architecturally and environmentally sensitive, embodies principles of sustainable planning and construction, and is compatible with neighboring land uses and architectural design and scale.

Evidence: The project would be compliant with the Gener al Plan’s Infill Development policy because
it would repurpose an underutilized Site, with a residential project in a neighborhood that consists of both residential and commercial uses and designed to not conflict with the existing architectural character.

2. Policy LU -7 Neighborhood Commercial Areas: Require that new development be consistent with zoning standards and compatible with the scale, historic character, and surrounding uses in the area.

Evidence: The project would be compatible with the General Plan’s Neighborhood Commercial Area policy because the proposed residential use is compatible with the existing uses in the neighborhood, and a building design that does not conflict with scale or the historic character of the neighborhood.

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

Evidence: The project would be compatible with surrounding land uses, which consists primarily of Avenue Commercial and Downtown Mixed-use uses, featuring a diverse mix of commercial buildings containing various retail , dining establishments and residential uses . The surrounding neighborhoods consist of a mix of multi -family residences and commercial establishments . The project would reinforce the City’s effort to redevelop underutilized sites in a way that would increase the quality of the built environment and provide new housing. The project would further improve the neighborhood character and quality of life by bringing in new residents and new business patrons along University Avenue in an area served by transit.

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4. Policy LU -23 Transit -Oriented Development: Encourage and maintain zoning that allows greater commercial and residential density and reduced residential parking requirements in areas with above - average transit service such as the Elmw
ood District.

Evidence: The project would help to encourage transit use and reduce greenhouse gas emissions by constructing additional housing in close proximity to transit, jobs, and basic goods and services.

5. Policy LU-26 Neighborhood Quality of Life: Maintain and improve High Density Residential and Avenue Commercial areas as pedestrian -friendly, visually attractive areas and ensure that Neighborhood Commercial areas fully serve neighborhood needs.

Evidence: The construction of new high -density residential buildings underutilized Housing Opportunity Site provides much-needed housing while maintaining the character and vibrancy of the neighborhood.

6. Policy H-19 Regional Housing Needs: Encourage adequate housing production to meet City needs and the City’s share of regional housing needs.

Evidence: The project would provide 160 dwelling units, increasing the City’s housing supply by adding new dwelling units in close proximity to goods, services and transit.

Attachments

1. Tables: Table 1: Project Chronology, Table 2: Special Characteristics, Table 3: Development Standards

2. Draft Findings

3. Conditions of Approval

4. Project Plans dated Octo
ber 2, 2025

5. Downtown Area Plan MMRP

6. Notice of Public Hearing

7. Correspondence
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Attachme
nt 1
Table 1-3: Project Chronology, Special Characteristics, Development Standards Table 1: Project Chronology
Date Action
December 10, 2024 SB330 Preliminary Application Submitted December 19, 2024 Use Permit Application submitted
January 9, 2025 SB330 Preliminary Application Complete
May 22, 2025 Use Permit Application Complete
May 22 to July 31, 2025 Application Processing
September 4, 2025 LPC demolition referral hearing/LPC took no action October 16, 2025 Design Review Committee (DRC) review
October 30, 2025 Public hearing notices for ZAB Hearing on November 13, 2025 mailed/posted
November 13, 2025 ZAB Hearing
Notes:
a. Application processing reflects the project compliance review, including CEQA if applicable, after the application is deemed complete. Submittals are reviewed within 30 days of receipt, pursuant to the Permit Streamlining Act.

Table 2: Special Characteristics
Characteristic Applicability Explanation
Affordable Child Care Fee
for qualifying non-
residential projects (Per
Resolution 66,618-N.S.) No
This fee applies to net newly constructed
nonresidential gross floor area over 7,500 square
feet. The project does not include nonresidential
gross floor area; therefore, this fee does not apply.

Affordable Housing Fee for
qualifying non-residential
projects (Per Resolution
66,617-N.S.)
Affordable / Inclusionary
Housing Requirements
(BMC Chapter 23.328)
Yes
The project would provide more than 5,000 square
feet of residential unit floor area and is part of a
larger housing development project, therefore
inclusionary housing provisions would apply.

The project is a housing development project, as
defined in BMC 23.328.020, and would provide at
least 20 percent Below Market Rate (BMR)
residential units. The project as a whole would
provide 24 Below Market Rate (BMR) units
including 12 Very Low -Income (VLI) and 12
Moderate-Income (MI) units.

Alcohol Sales/Service No
The project is residential only and does not offer
Alcoholic Beverage Service of distilled spirits,
beer and wine.

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Characteristic Applicability Explanation
Bird Safe Buildings
(BMC Section 23.304.150) No
The project is subject to these provisions because
the proposed building meet the building size
(10,000 square feet or greater) or height
requirements (average of 35) which would trigger
these requirements. However, as one of the three
Concession this project is entitled to, it is
requesting an Exemption from the Bird Safe
Building requirements in BMC Section 23.304.150.

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

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

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

Density Bonus Yes
The project would provide 12 Very Low -Income
units, 12 Moderate Income units or 30 percent of
the Base Project units, and qualifies for a 100
percent density bonus, or 80 bonus units. See
Section III.B for discussion.

Hard Hats
(BMC Chapter 13.107) No
Pursuant to BMC Chapter 13.107 “Establishing
Healthcare and Apprenticeship Standards for
Private Development” projects within City limits
consisting of construction of either a new building,
addition to an existing building, alteration of
existing floor area, or demolition of 50,000 square
feet or more of floor area shall be subject to the
requirements of this Chapter. However, the
application utilizes two out of the three
concessions that the project is entitled to, to be
exempt from the two provisions of this requirement
(Healthcare and Apprenticeship Standards for
Private Development).

Historic Resources No
The existing building is more than 40 years old.

The historic resource evaluation (HRE) for the
subject property was completed by Left Coast
Architectural History on November 6, 2024 and
determined that the building proposed for
demolition does not meet the criteria for the
California Register or a City of Berkeley Landmark
or Structure of Merit. Pursuant to BMC Section

23.326.070(C), the proposed demolition was
referred to the LPC for review prior to the
consideration of the Use Permit. The LPC reviewed
the demolition referral on September 4, 2024, and
took no action.

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Characteristic Applicability Explanation
Housing Accountability Act
(HAA) (Gov’t Code Section
65589.5(j))
Yes
The project meets the definition of a “Housing
Development Project” per Government Code
Section 65589.5(h)(2)b. The project complies with
applicable, objective general plan and zoning
standards, and thus section (j) of the Housing
Accountability Act does apply, and the project
cannot be denied at the density proposed unless
the findings for denial can be made.

Housing Crisis Act of 2019
(SB 330) Yes
The project meets the definition of a “Housing
Development Project” per Government Code
Section 65589.5(h)(2).b See Housing Crisis Act of
2019 – Senate Bill (SB) 330 of this report for
additional discussion on the sections of SB 330
that apply to the project.

Opportunity Sites Yes
2029 University Avenue is a 0.28 acre lot currently
developed with a 2 -story 9,401 square -foot non-
residential building and a parking structure. It was
identified as an opportunity site and is listed in the
2023-2031 Housing Element Update.

Public Art Yes
Per BMC Chapter 23.316.020(B)(1), Percentage For
Public Art o n Private Projects applies to new
multifamily residential projects of five or more
dwelling units.

Rent Controlled Units No The project would not involve demolition of rent controlled dwelling units.

Residential Preferred
Parking (RPP) Yes
The site is located in RPP zone “ E”. However, the
project is not eligible for RPP permits per BMC
Section 14.72.080(C)(1) as no permits shall be
issued to residents in newly constructed
residential units.

Seismic Hazards (SHMA) No
The project site is not located within an area
susceptible to landslide/liquefaction/fault rupture
as shown on the State Seismic Hazard Zones mapc.

Soil/Groundwater
Contamination No
The project site is not on the Cortese List d, and
Phase I report was prepared. Standard Conditions
of Approval related to hazardous materials would
apply.

Transit Yes
The project site is located less than 100 feet to bus
stops with service to several intersecting major
bus routes, including AC Transit Lines 27, 51B,52,
604, 88, 800
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Characteristic Applicability Explanation
Notes:
a. BMC 23.328.020(E) defines a "Housing Development Project" for purposes of inclusionary housing requirements as “a development project, including a Mixed-Use Residential project involving the new construction of at least one Residential Unit.

Projects with one or more buildings or projects including multiple contiguous parcels under common ownership or control shall be considered as a sole Housing Development Project and not as individual projects. b Government Code Section 65589.5(h)(2) “Housing development project” means a use consisting of any of the following: (A) residential units only, (B) mixed-use developments consisting of residential and nonresidential uses in which at least two-thirds of the square footage is designated for residential use, and (C) transitional or supportive housing. Government Code Section 65905.5(b)(3)(C) “Housing development project” includes a proposal to construct a single dwelling unit. This subparagraph shall not affect the interpretation of the scope of paragraph (2) of subdivision (h) of Section 65589.5. c. California Department of Conservation. DOC Maps: Geologic Hazards. Available:
https://maps.conservation.ca.gov/geologichazards/
d. Cortese List is an annually updated list of hazardous materials sites complied pursuant Government Code Section 65962.5.

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Table 3: C-DMU (Downtown Mixed-Use District) Development Standards BMC Sections 23.204.130(E) and 23.322.090(A)(2) Parking and Loading Standard Existing Proposed Total Permitted/
Required
Lot Area (sq. ft.) 12,385 Same N/A
Gross Floor Area (sq. ft.) 9,401 191,922 N/A
Commercial Floor Area 9,401 0 N/A
Residential Floor Area 0 191,922 N/A
Floor Area Ratio

0.92 15.41 N/A
Dwelling Units Total 0 160 N/A
Building
Height
(ft. - in.)
Maximum
21 256 + 5-foot
parapet
75 ft. + 5 ft.
40’ min./60’ max.
(75’ max. w/use permit,
5’ max. parapet by right)
Stories 1 23 N/A
Building
Setbacks
(ft. - in.)
Front
(south)
University
Avenue
0 0 0’–5’ (bldg. ht.≤20’)
0’ (bldg. ht.>20’ ≤75’)
15’ (bldg. ht.>75’)
Interior Side
(west) from 0’-
65’ from
frontage
0 10’ 0’ (bldg. ht.≤75’)
5’ (bldg. ht.>75’ ≤120’)
15’ (bldg. ht.>120’)
Interior Side
(west) above
65’
0 10’ 0’ (bldg. ht.≤75’)
5’ (bldg. ht.>75’ ≤120’)
15’ (bldg. ht.>120’)
Interior Side
(east) from 0’-
65’ from
frontage
0 0’-10’ 0’ (bldg. ht.≤75’)
5’ (bldg. ht.>75’ ≤120’)
15’ (bldg. ht.>120’)
Interior Side
(east) above
65’
0 10’ 0’ (bldg. ht.≤75’)
5’ (bldg. ht.>75’ ≤120’)
15’ (bldg. ht.>120’)
Rear
(north)
0 0’-10’ 0’ (bldg. ht.≤20’)
5’ (bldg. ht.>20’ ≤75’)
15’ (bldg. ht.>75’)
Diagonal Dimension N/A 139’-6” 120’(bldg. ht.>120’)
Usable Open Space (sq. ft.) 0 2,055 80 sq. ft.
per unit (19,200 sq. ft.)
Lot Coverage (%) 54 91 N/A
Commercial Automobile Parking 10 0 N/A 3
Residential Automobile Parking 0 29 0 min./120 max.

Residential Bike
Short Term
0 10 7 (1 space/40 bedrooms)
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Standard Existing Proposed Total Permitted/
Required
Residential Bike
Long Term
0 167 94 (1 space per 3
bedrooms)
1 Use permits to allow height up to 75 feet are included in the Base Project for the calculation of the density bonus, and are not requested waivers. Additional height beyond 75 feet is being requested as a waiver. 2 The use permit to allow reduced setbacks up to 75 feet building height is included in the Base Project for the calculation of the density bonus, and is not a requested waiver. Setback reductions above 75 feet is being requested as a waiver. 3 AB2097: , effective January 1, 2023, prohibits local jurisdictions from requiring minimum parking for most projects within 0.5 mile of a Major Transit Stop.
________ = Concession or Waiver requested to modify the district standard Abbreviations: sq. ft. = square feet; max. = maximum; min. = minimum; n/a = not applicable; % = percent; avg. = average, ft = feet (’), in. = inches (”)
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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:

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
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.

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

SB330 Pre-Application Vest Date: January 9,
2025

Use Permit Application Completion Date:

May 22, 2025

Project Planner: Nilu Karimzadegan

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 Sect
ion 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:

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.

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, where 15 feet is the minimum, between 76 to 120 feet in height.

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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:

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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.

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II. FINDINGS FOR APPROVAL
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.

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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:

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;

(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:

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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:
• Concession 1. Exemption from the Healthcare and Apprenticeship Standards for Private Development as required by BMC Section 13.107 • Concession 2. Exemption from the Prevailing Wage requirements as required by BMC Section 13.108A
• Concession 3. Exemption from the Bird Safe Building reequipments 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.

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• 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 (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:

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(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 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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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:

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
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.

Zoning Permits Requested:

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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] SB330 Pre-Application Vest Date: January 9,
2025

Use Permit Application Completion Date:

May 22, 2025

Project Planner: Nilu Karimzadegan

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

2. New Construction. BMC Secti
on 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:

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, Item 6c, Attachment 3
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File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] 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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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 P
rinted on Plans. The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Use Permit, under the title ‘Use Permit Conditions.’ Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Prohibit unnecessary idling of internal combustion engines.

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

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

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

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

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.

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 Item 6c, Attachment 3
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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] Phase I and Phase II Environmental Site Assessment (ESA) (per ASTM 1527). A recent Phase I ESA (less than 2 years old) shall be submitted to the Toxics Management Division for developments for: all new commercial, industrial and mixed- use developments and all improvement projects that require work 5 or more feet below grade, and all new residential buildings with more than four dwelling units located in the Environmental Management Area (or EMA). The EMA can be viewed at: City of Berkeley Community GIS Portal (arcgis.com)
Depending on the findings in the Phase I, a Phase II or additional investigation may be necessary. Any available soils and groundwater analytical data available for projects listed in this section must also be submitted to TMD.

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

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

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

The SGMP shall comply with the hazardous materials and waste management standards required by BMC Section 15.12.100, the stormwater pollution prevention requirements of San Francisco Bay Regional Water Quality Control Board’s Order No. R2- 2009-0074, 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.

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.

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:

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

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

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

31. Water Efficient Landscaping. Landscaping, totaling 500 square feet of more of new landscaping or 2,500 square feet or more of renovated irrigated area, shall comply with the State’s Model Water Efficient Landscape Ordinance (MWELO). MWELO-compliant landscape documentation including a planting, grading, and irrigation plan shall be included in site plans. Water budget calculations are also required for landscapes of 2,500 square feet or more and shall be included in site plans. The reference evapotranspiration rate (ETo) for Berkeley is 41.8.

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

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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.

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)

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

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.

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] 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.

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.

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.

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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:

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.

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:

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

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

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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.

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

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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:

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.

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 Item 6c, Attachment 3
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File location: G:\LANDUSE\Projects by Address\University\2029\ZP2024-0181_Multifamily\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD] depth of ground disturbance. If spot checks indicate low or no archeological sensitivity, or if full time monitoring results in no fossil discoveries once the full depth of ground disturbance has been reached, archeological monitoring can be discontinued for the remainder of project activity. Monitoring shall be reinstated if any new ground disturbances are required to depths exceeding previous depths of previous work, and reduction or suspension shall be reconsidered by the Qualified Archeologist at that time.

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

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

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

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

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

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

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

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.

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Berkeley City CouncilFebruary 23, 2026

Berkeley City Council
February 23, 2026