CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.
CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 23
CARPET TYPES FOR GIVEN AREAS (GENERAL GUIDELINE ONLY)
Area To Be Carpeted Carpet Type
General Office
(Example: General State Offices with No
Or Light To Medium Public Traffic)
26-28 Ounce Broadloom, Commercial Grade, Loop Pile, Nylon, Dupont Lumina or Legacy Or Basf 2000zx Yarn System. Installation by Direct Glue Down.
Or
26-28 Ounce Modular (Carpet Tile), Commercial Grade, Loop Pile, Nylon, Dupont Lumina or Legacy Or Basf 2000zx Yarn System. Installation With Full Spread Of Release Adhesive.
Executive Offices
(Example: Director’s Office, Deputy
Directors, Agency Personnel
28-32 Ounce Broadloom, Commercial Grade, Tufted Graphics Design, Loop Pile, Nylon, Dupont Lumina or Legacy Or Basf 2000zx Yarn System.
Installation by Direct Glue Down.
Or
28-32 Ounce Modular (Carpet Tile), Commercial Grade, Tufted Graphics Design, Loop Pile, Nylon, Dupont Lumina or Legacy Or Basf 2000zx Yarn System. Installation With Full Spread Of Release Adhesive.
State Owned Residences 34 Ounce Broadloom, Tufted, Commercial Grade, Cut and Loop Pile. Yarn to Be Branded Nylon, Any Conventional Dye Method. Installation Stretch In Over 3/8 Inch, 100% Synthetic Carpet Cushion, 28 Ounce Per Square Yard Nominal, 6.2 Pound Per Cubic Foot, Meeting Astm E648 Class 1 Radiant Panel Test.
Temporary Buildings Including Mobile
And Modular Facilities
20 Ounce Broadloom, Tufted, Commercial Grade, Loop Pile, Branded, Solution Dyed Nylon. Installation By Direct Glue Down.
Very High Traffic Areas
(Example: Medium To Heavy Use Public
Areas, Airports, College/University Food
Service Areas, Dormitories
20 Ounce Broadloom, Tufted, Structured Back, Commercial Grade, Nylon, Dupont Lumina or Legacy Or Basf 2000zx Yarn System. May Include High Density Urethane or Vinyl Chloride Pad Backing. Seams Should Be Capable of Sealing (Weld Together). Installation By Direct Glue Down
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.
CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 24
SAMPLE A
CONTRACTORS’ LICENSE REQUIREMENTS
The work described in this order requires a valid California Contractor’s License (C-15 Flooring and Floor Covering). If subcontractors are to be used, they must also possess valid State Contractors’ Licenses appropriate to their scope of work, and they must be listed below.
Supplier’s Contractor’s License Number:
License Issued to Whom:
Class / Type of License:
Expiration Date of License:
Work to be Performed:
Subcontractor’s Name and Address:
License Number:
Class / Type of License:
Expiration Date of License:
Work to be Performed:
WORKMEN’S COMPENSATION CERTIFICATION
The undersigned hereby certifies the following:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this order.
Signature of Supplier Date
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.
CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 25
SAMPLE B
PAYMENT BOND TO ACCOMPANY CONSTRUCTION CONTRACT
(Public Contract Code Sections 7103 and 10221)
BOND Number:
The premium on this bond is for the term Know All Men By These Presents:
That The State of California, acting by and through the , has awarded to whose
address is as Principle, a contract
for the work described as follows:
Project Title:
Project Location:
WHEREAS, the provisions of Public Contract Code Section 7103 and 10221 require that the Principle file a bond in connection with said contract and this bond is executed and tendered in accordance therewith.
NOW THEREFORE, Principle and , a Surety Corporation organized under the laws of and authorized to transact a generalsurety business in the State of California, as Surety, are held and firmly bound to the People of the State of California in the penal sum of ( ), for which payment we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.
CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 26
SAMPLE B
THE CONDITION OF THIS OBLIGATION IS SUCH,
1. That if said Principle or its subcontractors shall fail to pay any of the persons named in Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principle and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety herein will pay for the same, otherwise this obligation is to be void. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to be fixed by the court.
2. This bond shall insure to the benefit of any persons named in Civil Code Section 9100 as to give a right of action to such persons or their assigns in any suit brought upon this bond.
3. The aggregate liability of the Surety hereunder, including costs and attorney fees, on all claims whatsoever shall not exceed the penal sum of the bond in accordance with the provisions of Section 996.470(a) of the Code of Civil Procedure.
4. This bond is executed by the Surety, to comply with the provisions of Public Contract Code Sections 7103, 10221 and 10222, Chapter 5, Title 3, Part 6, Division 4 of the Civil Code and of Chapter 2, Title 14, Part 2 of the Code of Civil Procedure and said bond shall be subject to all of the terms and provisions thereof.
5. This bond may be cancelled by the Surety in accordance with the provisions of Section 996.310 et seq. of the Code of Civil Procedure.
6. This bond to become effective
(NAME OF SURETY) (ADDRESS)
I certify (or declare) under penalty of perjury that I have executed the foregoing bond under an unrevoked power of attorney.
Executed in on
(CITY AND STATE) (DATE)
(SIGNATURE OF ATTORNEY IN FACT) (PRINTED OR TYPED NAME OF ATTORNEY IN FACT)
STATE OF CALIFORNIA
STD. 807 (REV 2/14)
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.
CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 27
SAMPLE C
CARPET INSTALLATION REQUIREMENTS
Requirement Items
Required Yes
Items
Required
No
Performed By
Vendor
Performed By
Agency
Standard office furniture to be removed and replaced
(excluding copiers, computers, personal items and plants).
Vendor to provide all equipment and labor.
Remove existing:
carpet , pad , tile
Disposition: To State
Remove from State Premises
Raise and reset monuments.
Prepare floor and strip wax and other coatings and debris using commercial stripper. Follow stripper and carpet
manufacturer’s recommendations.
Remove trim, rehang doors and replace doorstops (except metal doors to be trimmed by State.
Inspection of floor preparation by Building Manager.
Reducer strips (metal , plastic ) to be installed in
accordance with the manufacturer’s recommendations and in accordance with approved broadloom seaming diagrams.
Tack strips to be installed.
Pad to be installed.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.
CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 28 Requirement Items
Required Yes
Items
Required
No
Performed By
Vendor
Performed By
Agency
Cove base, rubber or vinyl
Furnish and install
Color: brown , black
other
Size: 6” , 4” , 2”
other
Remove existing base
Trim cove on existing base
Other (explain)
All spots and smears of floor adhesives and seam cement to be removed.
Remove all scraps and extraneous items from State premises upon completion of the installation and protect all adjacent areas from damage.
Leave overage with Building Manager.
Work to be performed on other than regular working hours.
Nights Weekends
Floor duct covers, contact:
Building Manager
Other
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SHAW INTEGRATED AND TURF SOLUTIONS, INC.
CMAS NUMBER 4-24-09-1049
October 4, 2023 Ordering Instructions and Special Provisions 29 SAMPLE C (continued)
Carpet Installation Instructions Continued
COORDINATION AND INSPECTION OF WORK
Site Inspection:
A job walk-through for the purpose of inspecting the installation site will be conducted on at at .
The walk-through inspection will be conducted by .
Failure to inspect the installation site in no way relieves the supplier from obligations as stated in this order.
Installation Coordination:
(Name) (Title)
at (Agency) , telephone ( ) will be responsible for coordination of all installation work. Within 10 days after receipt of a purchase order, the supplier shall contact (Name)
to coordinate an acceptable installation schedule.
No installation work shall commence without the Building Manager’s advance approval of the schedule.
Inspection of Installation Work:
Check here if any deficiencies in materials and/or workmanship are noted during inspection of the work in progress. The agency will immediately notify the supplier of these problems.
The supplier shall request an inspection after % of the work has been completed.
This inspection will be made jointly by the supplier and a designee of the agency. (Name) , (Title) , will be responsible for performing initial, continuing, and final inspection of the installation work by the supplier.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jamie Parks, Director, Public Works
Subject: Expenditure Contract: AMCS GROUP, INC. for Online Refuse Payment Services
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with AMCS GROUP, Inc. for AMCS Pay, which provides online refuse payment services, in an amount not to exceed $500,000 for the term of October 1, 2026, to October 1, 2031.
FISCAL IMPACTS OF RECOMMENDATION
Funding for these services is available in the FY 2027 Zero Waste Fund 601, and any future expenditures are subject to Council approval.
The contract amount primarily represents payment processing transaction fees associated with customer credit card and Automated Clearing House (ACH) payments over the five-year term. Funding for these services is available within the Zero Waste Fund. These payment processing costs are part of the Zero Waste Division's cost of providing refuse services and will continue to be evaluated and incorporated, as appropriate, into future refuse rate studies and rate-setting processes considered by the Council.
AMCS Pay is a separate Entity from AMCS Platform, and therefore this Contract cannot be incorporated as an amendment into AMCS Platform Contract No. 32100027, executed August 18, 2020, by Council Resolution No. 69,042 – N.S.
CURRENT SITUATION AND ITS EFFECTS
The Finance, Information Technology, and Public Works departments are currently engaged in the implementation of a new refuse management and billing system through AMCS GROUP, Inc. AMCS Pay is an additional service from the same vendor that will allow a more efficient and informative online payment process and will enhance functionality and the reliability of in-person credit card payment at the City’s Transfer Station. The functionality delivered by AMCS Pay was included in the initial RFP (Specification No. 19-11621-C released on October 18, 2018), but at the time of contract execution (Contract No. 32100027, August 18, 2020, Council Resolution No. 69,042 –
23
Contract: AMCS GROUP, INC. for Online Refuse Payment Services CONSENT CALENDAR September 29, 2026
N.S.) with AMCS GROUP, Inc., the AMCS Pay module was not yet an option. This new contract will allow a seamless integration between payment systems and software.
The City’s implementation of AMCS Pay advances Strategic Plan goals of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities; an efficient and financially-health City government; and to be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.
Effective January 1, 2026, local agencies are required to satisfy noticing requirements for certain contracts for services that meet the criteria outlined in Government Code Section 3504.1 as amended by AB 339. This project does not meet the criteria in Government Code Section 3504.1 and is exempt from the noticing requirement.
BACKGROUND
Since August 2020, the City has been engaged with AMCS GROUP, Inc. to implement a new refuse management and billing system, which will enable the transition from the existing custom-built Sungard HTE / Central Square system, which is over 30 years old to the AMCS Platform, a modern software package, estimated to Go-live in early 2027.
One of the functional improvements of the new Refuse Billing system is the ability for residential and commercial customers to use an integrated online payment portal to remit payments to the City and for Zero Waste staff to accept in-person payments from retail Transfer Station customers using integrated payment terminals. The current analog credit card terminals are frequently inoperable due to disruptions to the aging technology, which requires copper telephone lines.
Zero Waste Division currently pays approximately $95,000 annually in credit card fees for customers at the Transfer Station. This expenditure is expected to continue at this rate utilizing AMCS Pay.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Giving more customers the ability to manage their refuse accounts and submit payments online will help reduce carbon emissions associated with paper mail delivery and in- person payments, supporting the City's sustainability goals while improving customer convenience.
RATIONALE FOR RECOMMENDATION
The AMCS Platform management and billing system was selected by the City through RFP (Specification No. 19-11621-C -October 18, 2018) and will go live in early FY 2027.
This additional payment portal will enhance the efficiency of the payment process for City staff and Zero Waste customers and satisfies long-time requests from customers for a more advanced and easier to use online payment process. The integrated terminals at the City’s Transfer Station will improve the reliability of credit card acceptance at this site.
Contract: AMCS GROUP, INC. for Online Refuse Payment Services CONSENT CALENDAR September 29, 2026
ALTERNATIVE ACTIONS CONSIDERED
Continuing to use the current online payment portal and processor would require additional integration work to operate with the new AMCS refuse management system, delay the project Go-live date and would result in a less efficient process for staff and customers. Approximately 4,353 Zero Waste accounts would lose the ability to make payments online and would be required to telephone 311 or visit the Finance Customer Service Center in person to make payments. Continuing to use the existing payment terminals at the Transfer Station would necessitate ongoing financial reconciliation between two non-integrated systems, which would be vulnerable to repeated service disruptions that affect the analog telephone lines required for the existing service.
CONTACT PERSON
Leticia Jaurequi, Solid Waste & Recycling Manager (510) 981-6362 Attachment:
1: Resolution
2. Abstract of Bid Worksheet
RESOLUTION NO. ##,###-N.S.
EXPENDITURE CONTRACT: AMCS GROUP, INC FOR ONLINE REFUSE
PAYMENT SERVICES
WHEREAS, the AMCS Platform Refuse Management and Billing system implementation has been an ongoing project between the Finance, Information Technology, and Public Works Departments since 2020, when AMCS Group, Inc. was selected as the most responsible bidder through RFP Specification No. 19-11621-C, which was originally released on October 18, 2018; and
WHEREAS, AMCS GROUP, INC. offers a payment portal and payment processing service called AMCS Pay, that is fully integrated with the AMCS Platform Refuse Management and Billing system currently being implemented by the City; and WHEREAS, the functionality delivered by AMCS Pay, was included in the initial RFP (Specification No. 19-11621-C released on October 18, 2018), but at the time of contract execution (Contract No. 32100027, August 18, 2020, Council Resolution No. 69,042 – N.S.) with AMCS GROUP, Inc., the AMCS Pay module was not yet an option; and WHEREAS, this new contract will allow a seamless integration between payment systems and software; and
WHEREAS, funding in the amount of $500,000 is available in the Zero Waste Fund 601; and
WHEREAS, this contract is exempt from the noticing requirements set forth in Government Code Section 3504.1.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with AMCS GROUP, INC. for Online Refuse Payment Services in an amount not to exceed $500,000 for the term of October 1, 2026, to October 1, 2031.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jamie Parks, Director, Public Works
Subject: Grant Acceptance: Alameda CTC TFCA Adeline Quick Build
RECOMMENDATION
Adopt a Resolution accepting $1,000,000 of Transportation Fund for Clean Air (TFCA) funds from the Alameda County Transportation Commission (CTC) for the Adeline Quick Build Project and execute any resultant agreements and amendments.
SUMMARY
The attached Resolution allows the City to accept grant funding from Alameda CTC to supplement existing construction funding for the Adeline Quick Build project on Adeline Street (continuing onto Martin Luther King Jr. Way) from Ashby Avenue to the Oakland border. This supplemental funding allows for the inclusion of additional safety measures to reduce vehicle speeds and separate multimodal users from vehicle traffic, as recommended in the 2020 Vision Zero Action Plan, 2020 Pedestrian Plan, and 2026 Bicycle Plan. The project makes immediate safety improvements to a high injury street and informs the long-term improvements that will be made as part of the Adeline Transportation Improvements Project.
FISCAL IMPACTS OF RECOMMENDATION
In 2025, City of Berkeley received a grant of $922,000 in construction phase funding from the Metropolitan Transportation Commission (MTC) Regional Measure 3 Safe Routes to Transit and Bay (RM3 SR2TBT) grant program, with $119,000 in required local matching funds in fiscal year 2027 from Measure BB Fund 135 (Bicycle and Pedestrian) (Resolution No. 71,946-N.S.).The current request to accept TFCA grant funds from Alameda CTC would provide $1,000,000 of additional grant funding for project construction. The previously accepted MTC grant (and local match) serves as the local match for this Alameda CTC grant funding. No additional local match is required.
Funding Summary:
Previously accepted MTC SR2TBT Grant $ 922,000
Previously committed City Matching Funds $ 119,000
New TFCA Funds $1,000,000
New Matching Funds $ 0
Total Funding $2,041,000
24
Grant Acceptance: Alameda CTC TFCA Adeline Quick Build CONSENT CALENDAR September 29, 2026
CURRENT SITUATION AND ITS EFFECTS
In May 2026, the project completed 35% design and cost estimate. Due to escalating costs of labor and materials, along with design changes necessary to meet the safety and operations goals of the project, the current cost estimate exceeds the previously secured grant funding. During the design process, the project scope was expanded to include comprehensive lane width reductions on Adeline Street in order to encourage slower vehicle speeds to increase safety on this high-injury street, per Vision Zero traffic safety goals. These design changes, along with recent cost escalation, have resulted in a 50% increase in the project’s construction cost estimate since 2024.
Due to this construction funding gap, City staff began looking for additional grant funding sources. Staff identified the Transportation Fund for Clean Air (TFCA) program, a local fund source from the Bay Area Air District (Air District) that originates from the $4 vehicle registration fee (VRF) collected within Alameda County. TFCA funds projects that reduce air pollution and greenhouse gas emissions from motor vehicles. Alameda CTC is responsible for programming a portion of the fees collected within Alameda County and distributes those funds proportionally to local jurisdictions. On May 28, 2026, Alameda CTC voted to approve the 2026 Comprehensive Investment Plan Update which included the $1,000,000 in TFCA construction funds City of Berkeley requested for the Adeline Quick Build project.
The project just completed its 75% design milestone. A forthcoming construction contract will be selected through competitive invitation to bid per City procurement policies, with construction anticipated in 2027.
The Adeline Quick Build aligns with the City’s Strategic Plan Priorities, advancing our goal to be a global leader in addressing climate change, advancing environmental justice and protecting the environment.
BACKGROUND
The Adeline Quick Build project reduces the number of vehicle lanes, adds separated bike lanes, adds pedestrian crossing safety improvements, and adds bus boarding islands on Adeline Street from Ashby Avenue southward and continuing on Martin Luther King Jr. Way to the Oakland border.
Adeline Street is on the high-injury streets network. Safety measures and traffic calming improvements for the project area were identified in the 2020 Vision Zero Action Plan, 2020 Adeline Corridor Specific Plan, 2020 Pedestrian Plan, and 2026 Bicycle Plan.
Together, these improvements reduce vehicle speeds, shorten crossing distances for pedestrians, and reduce conflicts between vehicles and other users. The Adeline Transportation Improvements Project will use information gained from implementation of the quick build improvements to design the long-term capital improvements for this same geographic area.
Grant Acceptance: Alameda CTC TFCA Adeline Quick Build CONSENT CALENDAR September 29, 2026
The Adeline Quick Build project completed environmental review in 2025 and public engagement in January 2026 through stakeholder meetings with neighborhood groups and businesses and a virtual public meeting. Feedback received ranged from support for bicycle and pedestrian safety improvements to concern over bicycles potentially conflicting with pedestrian spaces (through floating parking and bus boarding islands) and many requests for improved travel conditions, including slower vehicle speeds.
The Adeline Quick Build project will align with City of Oakland’s Martin Luther King Jr.
Way Complete Streets project which is making similar pedestrian, bicycle, and transit facilities improvements on Martin Luther King Jr. Boulevard from Berkeley to 47th Street, currently planned for construction in 2026 or 2027.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Increasing walking, cycling, and transit use in the City would help the City achieve the Berkeley Climate Action Plan greenhouse gas emission reduction targets of 80% below year 2000 levels by 2050. The Climate Action Plan states that, in order to meet these targets, “Transportation modes such as public transit, walking and bicycling must become the primary means of fulfilling our mobility needs.” The project would create or upgrade more than 0.5 miles of bikeway and fills a critical gap in the continuous 1.8-mile bikeway on Adeline St/Martin Luther King Jr. Way from 47th Street in Oakland to Shattuck Avenue in Berkeley. The project aims to increase pedestrian crossing safety, particularly at non-signalized intersections. The project adds three bus boarding islands at existing bus stops to prioritize transit, increase travel time reliability, and decrease vehicle interactions with cyclists. These improvements encourage a mode-shift away from driving and toward more cycling, walking, and transit use, thus reducing vehicle miles travelled and greenhouse gas emissions.
The improvements proposed by this project are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 21080.25 which exempts the following:
Pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way (Section 21080.25(b)(1) Transit prioritization projects (Section 21080.25(b)(2) including Transit stop access and safety improvements, including, but not limited to, the installation of bus shelters, lighting, transit bulbs, and the installation of transit boarding landings and islands (Section 21080.25(a)(11)(E)
RATIONALE FOR RECOMMENDATION
Adoption of this Resolution ensures the project can be implemented within the planned project schedule, can include needed additional components, and remain in alignment
Grant Acceptance: Alameda CTC TFCA Adeline Quick Build CONSENT CALENDAR September 29, 2026
with the schedule for City of Oakland’s planned repaving and bikeway improvements, thus ensuring continuous facilities along a high injury corridor.
ALTERNATIVE ACTIONS CONSIDERED
Several alternatives have been considered to reduce the project scope and associated costs, including eliminating transit improvements or reducing the scope for high-visibility paint. Both options would reduce the safety, operations, and environmental benefits of the project, and neither would reduce costs enough to construct the project within the current grant funding. Additionally, the project could eliminate changes to lane widths.
However, this would be inconsistent with Vision Zero traffic safety policy and not encourage vehicle speed reductions that are safer for the corridor’s multimodal users since the existing wider lane widths are correlated with higher vehicle speeds and more severe injuries from collisions.
Alternatively, Council could opt to save the TFCA funding for a different project. This decision would delay construction of the project and jeopardize existing funding from MTC as it would delay delivery of the project milestones previously agreed to in the grant funding agreement. Additionally, TFCA funding has a limited range of projects that are eligible to use this money. The Adeline Quick Build is ideally suited for this funding source.
CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works, 510-981-6396 Mark Helmbrecht, Transportation Manager, Public Works, 510-981-6403 Eric Anderson, Principal Planner, Public Works, 510-981-7073 Catherine Clark, Associate Planner, Public Works, 510-981-7776 Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF BERKELEY
ACCEPTING FUNDS FROM THE ALAMEDA COUNTY TRANSPORTATION
COMMISSION FOR THE ADELINE QUICK BUILD PROJECT
WHEREAS, the Alameda County Transportation Commission (“Alameda CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, I-580 Toll Revenues, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air (“TFCA”) Programs, and such funding is collectively defined as and shall be referenced herein as the “Alameda CTC Administered Funds”; and
WHEREAS, the City of Berkeley (“Fund Recipient”), the project sponsor, submitted a funding application (“Application”) to the Alameda County Transportation Commission (“Alameda CTC”) for Adeline Quick Build Project (“Project”); and WHEREAS, the Project will construct protected bike lanes, pedestrian safety features, and transit improvements, on Adeline Street and continuing onto Martin Luther King Jr.
Way from Ashby Avenue to the Oakland border; and
WHEREAS, by action of the Alameda CTC Commission at its meeting held on May 28, 2026, Alameda CTC awarded a total of $1,000,000 in Alameda CTC Administered Funds to the Fund Recipient for the construction phase (“Awarded Phase”) of Project; and WHEREAS, there are no legal impediments to Fund Recipient applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of Fund Recipient to deliver such Project; and WHEREAS, Fund Recipient authorizes the City Manager or designee to enter into a Project Funding Agreement with Alameda CTC for the Project (“Agreement”) based on Alameda CTC’s form therefor, which Agreement shall set forth certain project-specific requirements applicable to the Project; and
WHEREAS, as part of the requirements to apply and receive Alameda CTC Administered Funds, Alameda CTC requires a resolution adopted by the responsible implementing agency stating the following:
1. Fund Recipient will implement the Project as described in the Application; and
2. Fund Recipient will have adequate staffing resources to deliver and complete the Project within the time period identified in the Application; and
3. Fund Recipient understands it will enter into a Project Funding Agreement with Alameda CTC, and will comply with the Agreement ’s requirements, including
September 29, 2026
adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and
4. Fund Recipient is committed to deliver the Project consistently with the TFCA Programming Guidelines and policies, as they may change, for the funds awarded by the Commission to the Project; and
5. Fund Recipient is committed to secure matching funds as proposed, and is required for awarded Alameda CTC Administered Funds, by phase; and
6. Fund Recipient is committed to provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the Project that is awarded with Alameda CTC Administered Funds; and
7. Fund Recipient understands that Alameda CTC Administered Funds awarded to the Project is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and
8. Fund Recipient understands that any cost savings in the Alameda CTC-funded phase(s) will be shared proportionally between Fund Recipient and Alameda CTC; and
9. Fund Recipient is committed to comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.
NOW, THEREFORE, BE IT RESOLVED that Fund Recipient agrees to accept award of $1,000,000 in Alameda CTC Administered Funds; and
BE IT FURTHER RESOLVED that Fund Recipient hereby confirms that there is no pending or threatened litigation that might in any way adversely affect Fund Recipient’s ability to implement and deliver the proposed Project; and BE IT FURTHER RESOLVED that Fund Recipient authorizes the City Manager or designee to execute the funding Agreement with Alameda CTC and any future amendments; and
BE IT FURTHER RESOLVED that Fund Recipient shall provide Alameda CTC with a fully-executed copy of this resolution; and
BE IT FURTHER RESOLVED that Council, by adopting this resolution, hereby confirms that:
September 29, 2026
1. Fund Recipient will commit to implementing the Project as described in the Agreement; and
2. Fund Recipient will have adequate staffing resources to deliver and complete the Project within the time period identified in the application; and
3. Fund Recipient understands it will enter into an Agreement with Alameda CTC, and will comply with the Agreement ’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and
4. Fund Recipient commits to delivering the Project consistently with the TFCA Programming Guidelines and policies, as they may change, for the funds awarded by the Commission to the Project; and
5. Fund Recipient will commit matching funds as proposed in the Application against the awarded Alameda CTC Administered Funds by phase; and
6. Fund Recipient will provide any additional funding that may be required beyond the original proposed Application match amount to deliver the phase of the Project that is awarded with Alameda CTC Administered Funds; and
7. Fund Recipient understands that Alameda CTC Administered Funds awarded to the Project are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional Alameda CTC Administered Funds; and
8. Fund Recipient understands that any cost savings in the Alameda CTC-funded phase(s) will be shared proportionally between Fund Recipient and Alameda CTC; and
9. Fund Recipient will comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to Alameda CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.
Office of the City Manager
CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jamie Parks, Director, Public Works
Subject: Purchase Order: Braun Northwest, Inc. for One 2027 Ford F-450 North Star Ambulance Body Remount to a New Chassis
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a purchase order with Braun Northwest, Inc. for one 2027 Ford F-450 North Star ambulance body remount to a new chassis in an amount not to exceed $260,000.
FISCAL IMPACTS OF RECOMMENDATION
The FY 2027 Adopted Public Works Department Equipment Replacement Fund (Fund 671) budget includes funding for this purchase. The requested $260,000 authorization includes the vendor's purchase price, estimated sales tax, and a contingency for unforeseen costs associated with completing the remount. Any expenditure exceeding the authorized not to exceed amount is subject to Council approval.
Cost Component Amount
Braun Northwest, Inc. HGACBuy purchase price $220,705.25 Estimated sales tax (10.25%) $22,622.29
Contingency for pricing adjustments and unforeseen costs $16,672.46 Total not-to-exceed authorization $260,000.00
The sales-tax amount is an estimate calculated from the vendor's total purchase price and is subject to confirmation by Public Works Administrative and Fiscal staff.
CURRENT SITUATION AND ITS EFFECTS
The Fire Department needs to remount one existing North Star ambulance body onto a new 2027 Ford F-450 four-wheel-drive diesel chassis. The existing ambulance chassis was placed into service in 2020. Because of the time required to manufacture the new chassis, complete the remount, and place the ambulance into service, the existing chassis is expected to be approximately six to seven years old when the project is completed in FY 2027 or FY 2028.
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Purchase Order: Braun Northwest, Inc. for One Ambulance Remount CONSENT CALENDAR September 29, 2026
Initiating the purchase now allows the City to complete the chassis replacement through a planned process before the condition or reliability of the existing chassis affects the availability of frontline emergency medical services. The customized North Star ambulance body remains suitable for continued service and will be retained, refurbished, and installed on the new chassis. This approach preserves the City's investment in the existing ambulance body while avoiding the higher cost of purchasing a complete new ambulance.
Braun Northwest, Inc.'s July 24, 2026 HGACBuy Contract Pricing Worksheet identifies the work as a remount of a North Star module onto a Ford F-450 regular-cab chassis.
The purchase includes the published options and customized components necessary to preserve the ambulance's existing appearance, functionality, emergency equipment, and operational configuration. The worksheet lists a purchase price of $220,705.25. The vendor's production and delivery schedule is subject to change because of global supply-chain constraints.
Maintaining a reliable ambulance fleet is essential to the Fire Department's ability to respond to medical emergencies, provide treatment, and transport community members. This purchase supports the City's Strategic Plan goal to create a resilient, safe, connected, and prepared city.
Effective January 1, 2026, local agencies are required to satisfy noticing requirements for certain service contracts that meet the criteria established by Government Code Section 3504.1, as amended by Assembly Bill 339. This purchase does not meet those criteria and is therefore exempt from the noticing requirement.
BACKGROUND
The City may use pricing obtained through a competitively solicited cooperative purchasing agreement when procuring goods and services. The City has participated in the Houston-Galveston Area Council cooperative purchasing program (HGACBuy) since 2008.
On June 9, 2023, HGACBuy issued Request for Proposal No. AM10-23 for ambulances, emergency medical services vehicles, and other special-service vehicles. The solicitation was nationally advertised for 48 days, and 23 proposals were submitted.
HGACBuy selected Braun Northwest, Inc. as a responsive and responsible proposer and awarded Contract No. AM10-23 effective October 1, 2023.
The current HGACBuy worksheet prices one remount at $220,705.25. Of that amount, $82,643 represents published and customized options. Braun Northwest, Inc. confirmed that these options are necessary to maintain the ambulance's existing appearance and functionality because some existing items cannot be reused during the remount. The worksheet includes a $600 HGACBuy order-processing charge, a $1,500 contract discount, and a $12.25 California tire tax.
Purchase Order: Braun Northwest, Inc. for One Ambulance Remount CONSENT CALENDAR September 29, 2026
In a prior ambulance-remount purchase, the Council authorized remounting customized North Star ambulance bodies onto new Ford F-450 chassis. That prior action demonstrates the City's established use of remounting as an alternative to full ambulance replacement.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Public Works evaluates the feasibility and availability of fully electric vehicles and hybrid-electric powertrains when purchasing fleet vehicles. For the City's prior ambulance-remount procurement, staff determined that viable electric or hybrid-electric ambulance chassis were not available. Reusing the existing ambulance body avoids replacing the complete vehicle and extends the useful life of a specialized City asset.
RATIONALE FOR RECOMMENDATION
A reliable ambulance fleet is essential to the Fire Department's ability to respond to medical emergencies, provide treatment, and transport community members.
Remounting the serviceable, customized ambulance body onto a new chassis maintains operational capability while avoiding the higher cost of purchasing an entirely new ambulance. Using the competitively solicited HGACBuy contract provides established pricing for the remount and associated options.
ALTERNATIVE ACTIONS CONSIDERED
The City could purchase a complete new ambulance instead of remounting the existing body. Staff does not recommend that alternative because it would replace a specialized body that remains suitable for continued use and is expected to cost more than the proposed remount. City staff cannot perform the specialized chassis remount, refurbishment, electrical, paint, graphics, and emergency-equipment integration work in- house.
CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works, 510-981-6396 Joy Brown, Interim Deputy Director, Public Works, 510-981-6629 John Trepczynski, Equipment Maintenance Superintendent, Public Works, 510-981- 6469
John Fischer, Deputy Fire Chief, Fire Department, 510-981-5515 Attachment:
1: Resolution
RESOLUTION NO. ##,###-N.S.
PURCHASE ORDER WITH BRAUN NORTHWEST, INC. FOR ONE 2027 FORD F-450
NORTH STAR AMBULANCE BODY REMOUNT TO A NEW CHASSIS
WHEREAS, the Fire Department needs one existing North Star ambulance body remounted onto a new 2027 Ford F-450 chassis to maintain reliable emergency medical response capability; and
WHEREAS, the existing North Star ambulance body is customized for Fire Department operations and can be retained, refurbished, and remounted to extend its useful service life; and
WHEREAS, on June 9, 2023, the Houston-Galveston Area Council cooperative purchasing program (HGACBuy) issued Request for Proposal No. AM10-23 for ambulances, emergency medical services vehicles, and other special-service vehicles, and subsequently awarded Contract No. AM10-23 to Braun Northwest, Inc.; and WHEREAS, the HGACBuy contract's competitive solicitation and resulting contract provide the procurement basis for the City's purchase from Braun Northwest, Inc.; and WHEREAS, Braun Northwest, Inc.'s July 24, 2026 HGACBuy Contract Pricing Worksheet lists a purchase price of $220,705.25 for one North Star module remount onto a Ford F-450 four-wheel-drive diesel chassis, including required published options and customized components; and
WHEREAS, funds are available in the FY 2027 Adopted Public Works Department Equipment Replacement Fund (Fund 671) budget for a total authorization not to exceed $260,000, including estimated sales tax and contingency.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order with Braun Northwest, Inc. for one 2027 Ford F-450 ambulance body remount to a new chassis in an amount not to exceed $260,000.
2180 Milvia Street
Berkeley, CA 94704
Tel: (510) 981-7100
TDD: (510) 981-6903
[email protected]
CONSENT CALENDAR
September 29, 2026
TO: Members of the City Council
FROM: Mayor Adena Ishii (Author), Councilmember Taplin (Co-Sponsor), Councilmember Tregub (Co-Sponsor), Councilmember O’Keefe (Co-Sponsor) SUBJECT: Referral to the City Manager to develop an updated Cross Departmental Program Plan and Strategic Asset Management Plan per the Realize Vision 2050 Plan to address the City’s Long-term Infrastructure Needs and Maintenance Schedule and Provide Semi-annual Progress Reports to City Council.
RECOMMENDATION
Refer to the City Manager to develop an updated cross-departmental Program Plan and Strategic Asset Management Plan as set forth in the Realize Vision 2050 Plan to address the City’s long- term infrastructure needs and maintenance schedule, and provide semi-annual progress reports to City Council.
CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley has approximately $1.5 billion in unfunded infrastructure needs. Currently, the City is taking steps to address this need, but to effectively accomplish this goal, it is imperative that the City continue to amplify its work to understand the landscape of the need and have criteria for setting priorities. To accomplish this, the City needs an updated Program Plan and Strategic Asset Management Plan. A Program Plan is a high-level strategic document that outlines the City’s long-term organizational goals and coordinates projects across the appropriate departments. This document will outline all the infrastructure projects Citywide that need to be completed, attached with a rough cost analysis of each project and a prioritization plan informed by urgency and the Realize Vision 2050 plan. The Asset Management Plan is a roadmap for managing the City’s physical assets, including infrastructure, equipment and facilities over the course of their life cycles. This will work in tandem with the Program Plan to help the Departments keep track of maintenance plans for the City’s assets.
To promote transparency on how the City is progressing and addressing its infrastructure needs, City staff should institute a transparency hub dashboard to publicly track its infrastructure projects. This dashboard could be akin to the Transportation Studio: Capital Improvement
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Program (CIP) Hub created by the UC Berkeley students in the Transportation Planning Studio course.1 This Hub will track current project schedules and their budgets, as well as integrate future capital planning.
The City Manager will provide semi-annual (every six months) progress reports on the Program Plan and the Strategic Asset Management Plan to the City Council.
BACKGROUND
The City of Berkeley maintains over 300 miles of sidewalks, 54 parks, 95 buildings, as well as municipal drains, streets and much more.2 In 2020, the City of Berkeley put forth the Vision 2050 plan, which is “a long-term infrastructure plan to create a city that is resilient and sustainable for future generations.”3 Following the November 16, 2021 Vision 2050 Progress Report4, on May 10, 2022, the Berkeley City Council approved Vision 2050: Strategic Asset Management Plan and Asset Management Policy.5 Because infrastructure is one of Mayor Adena Ishii’s priority areas, she reconvened the Vision 2050 Task Force in 2025 to update the plan, with consideration to the significant changes that have occurred between 2020 and 2025.6 This new plan, called Realize Vision 2050, iterates the need to implement both an Infrastructure Program Plan, as well as an Asset Management Plan. Both plans are integral to project prioritization and creating a comprehensive landscape of City infrastructure needs. Both Vision 2050 and Realize Vision 2050 should be foundational in building out the plans.
ENVIRONMENTAL SUSTAINABILITY
There are no environmental impacts generated by this referral.
FISCAL IMPACTS
The fiscal impact to update the Program Plan and the Strategic Asset Management Plan is estimated at approximately $200,000, which includes staff and consultant time.
CONTACT
Adena Ishii, Mayor (510) 981-7100
[email protected]
1 https://sites.google.com/berkeley.edu/berkeley-cip-studio/home?authuser=0 2 https://berkeleyca.gov/your-government/our-work/bond-revenue-measures/infrastructure-projects- potential-bond-measure
3 https://berkeleyca.gov/sites/default/files/documents/Vision-2050-Framework.pdf 4 https://berkeleyca.gov/sites/default/files/documents/2021-11-16%20Item%2008%20Vision%202050.pdf 5 https://berkeleyca.gov/sites/default/files/2022-04/2022-05- 10%20Item%2031%20Vision%202050%20Strategic%20Asset.pdf
6 https://berkeleyca.gov/sites/default/files/documents/2021-03- 16%20WS%20Item%2003b%20Turning%20Vision%202050%20into%20Reality.pdf
CONSENT CALENDAR
September 29th, 2026
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin (Author), Mayor Adena Ishii (Co-Sponsor), Councilmember Cecilia Lunaparra (Co-Sponsor)
Subject: Cal Sailing Club’s Final 2026 Open House: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds.
RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember, including $1,000 from Councilmember Taplin, to support Cal Sailing Club’s Final 2026 Open House in October .
FISCAL IMPACTS OF RECOMMENDATION
No General Fund impacts. Up to $1,000 is available from contributing Councilmember’s Council Office Budget discretionary accounts.
CURRENT SITUATION AND ITS EFFECTS
The Cal Sailing Club (CSC) is a non-profit, volunteer-run sailing and windsurfing club that offers lessons, recreation, and free programs for the general public and for summer programs. Members get lessons and, after achieving ratings, use of the club's fleet of 26 dinghies, 6 keelboats and 80 windsurfing boards including novice, intermediate, and advanced designs. Located on the south side of the Berkeley Marina, CSC's major activity is teaching sailing and windsurfing safety.
The club's programs for the general public and organized groups include Introductory Sails, land sailing school (in cooperation with the Nature Center and the Pegasus Project), summer sailing for youth groups including Berkeley and Albany YMCA's and Berkeley Youth Alternatives, windsurfing seminars, lectures, and clinics. These services are provided by club volunteers.
The Cal Sailing Club is not part of the University of California and membership is open to the public. The Club is open all year, from noon to sunset on weekdays and from 9:00 AM to sunset on weekends. Instruction, maintenance, and administration are all done by volunteer members.
The Cal Sailing Club offers sailing to the public aboard their fleet of keelboats and dinghies ten times a year. Their popular Open Houses are a great way to get a free sail of around ½ hour in one of the most beautiful settings on the planet -- and to learn about boat and waterfront safety, Bay ecology, and the fun of non-motorized watercraft.
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The Division of Boating and Waterways, California State Department of Parks and Recreation funds Cal Sailing Club to enhance boaters’ knowledge of boating laws, practical handling of vessels on the water, weather and water conditions, rules of the road, equipment requirements and environmental stewardship.
BACKGROUND
Prior to 1970, sailing instruction, recreational sailing, and intercollegiate competitive sailing were all in one boathouse under one organization. These groups had conflicting needs and desires and self-split into three new categories after this. Cal Sailing Club (CSC) became an independent, non-profit corporation, and took over ownership of eight 14-foot boats and three 22-foot boats, among others. Within a year or two, as the Berkeley Marina neared completion, CSC moved from the old location near the Berkeley Yacht Club to the present site at the South Sailing Basin. Three berths for the larger boats were provided on the newly-completed J-dock. In 1974, a small building was designed and built by club members to supplement the maintenance shed provided by the City.
Between 1970 and 1979, CSC's membership was limited to students, faculty, and former students of any UC campus. It was felt at the time that the predominantly student character of the membership had to be maintained in order to qualify as a Student Activity, and to be included under UC's blanket insurance coverage. Even so, non-U.C. affiliated people were unofficially encouraged to join anyway. Membership peaked at 300 to 350 members during these years, probably about two-thirds of them students. A full program of instructional, recreational, and low-key competitive sailing was offered, not unlike the present operation. Little if any subsidy was received from either the U.C. or the A.S.U.C.
In 1979 proposals by the UC suggested that CSC would come under the control of UC's Department of Intramural Sports and Recreation, which would have resulted in the loss of nearly all of CSC's autonomy, along with ownership of the boats and much of its character as a volunteer- based organization. CSC opted to remain independent. The result was that CSC found its own insurance and opened its doors to the public on an official basis.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No direct environmental impact reports were identified from that impact of this item.
CONTACT PERSON
Councilmember Terry Taplin, Council District 2, 510-981-7120 Maxwell Banks, Council District 2, 510-981-7124
Attachments:
1: Resolution
Cal Sailing Club CONSENT CALENDAR
September 29th, 2026
RESOLUTION NO. ##,###-N.S.
AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE EXPENSE
ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT TO PROVIDE
PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE
WHEREAS, Councilmember Taplin has surplus funds in his office expenditure account (budget code 011-11-102-100-0000-000-411); and
WHEREAS, a private 501(c)(3) non-profit tax-exempt corporation Cal Sailing Club seeks funds in the amount of $1,000 to support their continued fundraising; and
WHEREAS, the provision of such services would fulfill the following municipal public purpose:
keeping affordable access to the San Francisco Bay for Berkeley residents and visitors alike;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget up to $1,000 amount per office shall be granted to Cal Sailing Club to support access to the San Francisco Bay to Berkeley residents and visitors alike and to keep the historic recreation of sailing active and continuous for generations to come.
Igor Tregub
Berkeley City Councilmember
District 4
2180 Milvia Street, 5th Floor
Berkeley, CA 94704
510-981-7140
[email protected]
CONSENT CALENDAR
September 29th, 2026
To: Honorable Mayor and Members of the City Council
From: Councilmember Igor Tregub (Author), Mayor Ishii (Co-Sponsor), Councilmember Terry Taplin (Co-Sponsor), and Councilmember Ben Bartlett (Co-Sponsor)
Subject: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds to Support the Restoration of “Sinbad Voyage”
RECOMMENDATION
Adopt a Resolution approving an expenditure of an amount not to exceed $1,000 per Councilmember from the D13 Discretionary Accounts of members of the Berkeley City Council, including contributions of $500 from Councilmember Igor Tregub, $250 from Councilmember Terry Taplin, $100 from Mayor Ishii, and $100 from Councilmember Ben Bartlett, and inviting all Councilmembers to contribute to support the restoration of Mokhtar Paki’s “Sinbad Voyage” mural.
BACKGROUND
“Sinbad Voyage” is a large-scale public mural created by Berkeley-based Iranian immigrant artist Mokhtar Paki in 2023. Located at the corner of Dwight Way and Sacramento Street, the 28-by-14-foot mural depicts the experiences, journeys, and resilience of immigrants, refugees, and displaced people from around the world.
The mural’s creation was supported through Berkeley Art Works Projects, a Civic Arts grant program developed to fund visual and performing artists implementing temporary
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projects in Berkeley’s public realm and to contribute to the community’s resilience and recovery from the effects of the COVID-19 pandemic. Projects were intended to address public health and well-being, economic recovery and resilience, or community connection and belonging.
In April 2021, a grant review panel recommended awarding Mr. Paki $10,000 for a project addressing the theme of community connection and belonging. On April 28, 2021, the Civic Arts Commission approved the recommended slate of Berkeley Art Works Projects grants, including Mr. Paki’s award.
The mural was inspired in part by the story of Sinbad’s voyage, which follows a traveler journeying with others in search of a better life, and by the real-world refugee and migration crises that have affected millions of people across Africa, Asia, the Middle East, and elsewhere. Mr. Paki began developing the concept years before the mural was painted, drawing inspiration from the stories of people who risked their lives seeking safety and a better future for themselves and their families.
Mokhtar has described “Sinbad Voyage” as his “love letter to Berkeley.” The mural reflects Berkeley’s history as a community shaped by immigrants and people from diverse backgrounds, faiths, cultures, and countries of origin. It also reflects the deeply personal nature of migration: the mural includes more than 450 figures, including approximately 90 whose faces are clearly visible, many of whom represent actual people and real immigrant stories.
Among the figures depicted are individuals whose stories illustrate the profound human cost of displacement and migration, including Mokhtar’s own young niece, Sanaz, who died at five years old while attempting to flee Iran by boat with her father. The mural also depicts refugees and migrants from Central America, the Middle East, Africa, and other parts of the world, as well as members of Berkeley’s own diverse communities.
In this way, “Sinbad Voyage” is more than a mural. It is a public expression of memory, migration, loss, resilience, and belonging, and a reflection of the many stories that make Berkeley the community it is today.
CURRENT SITUATION AND ITS EFFECTS
On the night of August 19, 2026, “Sinbad Voyage” was vandalized with white paint, causing significant damage to the mural.
The vandalism has deeply affected the artist and members of the Berkeley community who see their own experiences, histories, and identities reflected in the work. In the days following the incident, community members gathered around the mural, left messages of solidarity, and expressed their desire to help with its restoration.
The Berkeley Police Department is actively investigating this vandalism case.
Investigators have released video showing a person of interest walking through the neighborhood carrying what appears to be a can of paint and have pursued additional investigative leads. Police have also reported a related same-day incident in which white paint was poured onto a vehicle parked approximately one block from the mural.
The investigation remains ongoing.
At this time, the motive for the vandalism has not been established. Nevertheless, the damage to “Sinbad Voyage” has understandably generated significant concern in a community that values immigrant stories, cultural diversity, and public art as essential parts of Berkeley’s identity.
Councilmember Tregub and his staff have met with Mr. Paki and City staff at the mural to hear directly from the artist and discuss potential avenues for City support for the restoration efforts. In addition, Councilmember Tregub’s office has been in communication with the Mayor’s Office, the Civic Arts Commission, and community members regarding ways to restore the mural and assist the artist.
Many local artists and community members have expressed strong interest in helping with the restoration process, including through potential volunteer events and other forms of in-kind assistance. Consistent with the Berkeley Municipal Code’s public art funding framework—70 percent for projects, 10 percent for conservation, and 20 percent for administration—the Civic Arts Division provided Mr. Paki a one-time $1,000 emergency conservation grant to restore the mural to its condition as originally approved by the Civic Arts Commission. The Civic Arts Commission and City staff continue to explore additional opportunities to support the restoration.
Mr. Paki has also established a community fundraising campaign to help cover the cost of restoring “Sinbad Voyage.” The campaign emphasizes that restoration will require financial resources as well as community support and calls upon people who value public art, immigrant stories, and community healing to participate in the effort.
The City Council’s support through D13 discretionary funds would provide an immediate contribution toward restoration while also demonstrating the City’s commitment to protecting and preserving public art that reflects the experiences and contributions of Berkeley’s diverse communities.
FINANCIAL IMPLICATIONS
There is no impact to the General Fund. Contributions of up to $1000 per participating members of the Berkeley City Council will come from existing Council Office Budget discretionary accounts.
CONTACT PERSON
Councilmember Igor Tregub | [email protected] | 510-981-7140 Olga Bolotina | Chief of Staff, Council District 4 | [email protected] Shamaila Ahmed | Legislative Aide | [email protected]
ATTACHMENTS
Resolution
RESOLUTION NO. _____ - N.S.
APPROVING THE RELINQUISHMENT OF COUNCIL OFFICE BUDGET FUNDS FROM COUNCILMEMBERS’ D13 DISCRETIONARY ACCOUNTS TO SUPPORT THE RESTORATION OF MOKHTAR PAKI’S “SINBAD VOYAGE” MURAL
WHEREAS, “Sinbad Voyage” is a large-scale public mural created by Berkeley-based Iranian immigrant artist Mokhtar Paki in 2023 and located at the corner of Dwight Way and Sacramento Street in Berkeley; and
WHEREAS, The 28-by-14-foot mural depicts the experiences, journeys, and resilience of immigrants, refugees, and displaced people from around the world and was inspired in part by the story of Sinbad’s voyage and by the real-world experiences of people seeking safety and a better life; and
WHEREAS, The mural contains more than 450 figures, including approximately 90 clearly visible faces, many of whom represent actual people and real immigrant stories; and
WHEREAS, “Sinbad Voyage” includes deeply personal stories of migration and loss, including the story of Paki’s young niece Sanaz, who died at five years old while attempting to flee Iran by boat with her father; and
WHEREAS, Paki has described “Sinbad Voyage” as his “love letter to Berkeley,” reflecting the City’s history as a diverse community shaped by immigrants and people from many countries, cultures, faiths, and backgrounds; and WHEREAS, The mural has become an important piece of Berkeley’s public art landscape and a meaningful expression of immigration, resilience, community, memory, and belonging; and
WHEREAS, On August 19, 2026, “Sinbad Voyage” was vandalized with white paint, causing significant damage to the mural; and
WHEREAS, The motive for the vandalism has not been established, and the City recognizes the importance of allowing the ongoing law enforcement investigation to proceed while supporting the restoration of the damaged artwork; and WHEREAS, The vandalism has generated significant concern and sadness among Berkeley residents and community members who value the mural and the stories it represents; and
WHEREAS, Community members, local artists, City representatives, and the Civic Arts Commission have expressed interest in supporting efforts to restore the mural and have begun exploring opportunities for volunteer participation, fundraising, and other forms of assistance; and
WHEREAS, Supporting the restoration of “Sinbad Voyage” would help preserve a significant work of public art and reaffirm Berkeley’s commitment to welcoming and celebrating immigrant stories, cultural diversity, artistic expression, and community resilience; and
WHEREAS, The City Council recognizes that public art can serve as a powerful means of preserving community history, honoring lived experiences, strengthening neighborhood identity, and bringing people together in response to acts of vandalism and harm; and
WHEREAS, The relinquishment of Council Office Budget funds by participating Councilmembers would provide additional resources to support the restoration of “Sinbad Voyage” and help return this important work of public art to the Berkeley community;
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the expenditure of an amount not to exceed 1,000 per participating Councilmember from each participating Councilmember’s D13 Discretionary Account to support the restoration of Mokhtar Paki’s “Sinbad Voyage” mural.
BE IT FURTHER RESOLVED that the City Manager is directed to distribute the approved discretionary funds to Mokhtar Paki for the restoration of “Sinbad Voyage” mural.
Brent Blackaby
Councilmember District 6
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]
CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Councilmember Blackaby (Author), Councilmember Bartlett (Co-sponsor) Subject: Honoring Childhood Cancer Awareness Month
RECOMMENDATION
Adopt a Resolution honoring September as childhood cancer awareness month.
FINANCIAL IMPLICATIONS
None.
CURRENT SITUATION AND ITS EFFECTS
Childhood cancer is the leading cause of death by disease in children, and much more can be done to raise awareness about and find cures for this deadly disease. Eighty percent of childhood cancer patients are diagnosed late and with metastatic disease.
One in 285 children in the U.S. will be diagnosed with cancer by their 20th birthday. This Resolution honors September as Childhood Cancer Awareness Month and recognizes the deeply painful impacts childhood cancer has on families in every community across our country.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.
CONTACT PERSON
Councilmember Brent Blackaby Council District 6 510-981-7160 Attachments:
1: Resolution
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RESOLUTION NO. ##,###-N.S.
SEPTEMBER AS CHILDHOOD CANCER AWARENESS MONTH
WHEREAS, childhood cancer is the leading cause of death by disease in children; and WHEREAS, 1 in 285 children in the United States will be diagnosed with Childhood Cancer by their 20th birthday; and
WHEREAS, the average age of diagnosis is 6 years old; and WHEREAS, 80% of childhood cancer patients are diagnosed late and with metastatic disease; and
WHEREAS, there’s been an overall childhood cancer incidence increase of 24 percent over the last 40 years; and
WHEREAS, in the last 30 years only six new drugs have been approved by the FDA to specifically treat childhood cancer; and
WHEREAS, too many children are affected by this deadly disease, and more must be done to raise awareness and find a cure.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that September is proclaimed Childhood Cancer Awareness Month in the City of Berkeley.
Brent Blackaby
Councilmember District 6
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]
CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Councilmember Blackaby (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Lunaparra (Co-Sponsor), Mayor Ishii (Co-Sponsor) Subject: United Against Hate Week 2026 Resolution
RECOMMENDATION
Adopt a Resolution declaring October 18 – 24 as United Against Hate Week in Berkeley.
FINANCIAL IMPLICATIONS
None
CURRENT SITUATION AND ITS EFFECTS
Starting in Berkeley in 2017 in response to far-right rallies, United Against Hate was originally a poster campaign that spread throughout Alameda County. It has since transformed into an annual statewide event. The goal for United Against Hate Week is to provide communities with the tools, resources, and support they need to create locally driven actions to stand united against growing intolerance. This week is designed to not just raise awareness about the dangers of hate and the need for respect and civil discourse, but to help community members build stronger connections with civic leaders, businesses, and schools, so that deeper engagement can continue year-round. (
www.unitedagainsthateweek.org)
Not in Our Town (www.niot.org) is a non-profit that serves communities across the country working to build safety, inclusion and equity for all. They are, once again, facilitating the organization for United Against Hate Week.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with adopting this recommendation.
CONTACT PERSON
Councilmember Brent Blackaby Council District 6 510-981-7160 Attachments:
1: Resolution Proclaiming October 18 – 24, 2026 as United Against Hate Week
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RESOLUTION NO. ##,###-N.S.
COMMEMORATING UNITED AGAINST HATE WEEK 2026
WHEREAS, the United States is a nation of immigrants, whose strength comes from its diversity; and
WHEREAS, the Constitution enshrines equality on all individuals, regardless of race, gender, orientation, religion, or political view; and
WHEREAS, rhetoric continues to generate a toxic environment that encourages the propagation of racist, xenophobic, antisemitic, Islamophobic, sexist, homophobic, transphobic, and other bigoted views by emboldened hate groups and individuals; and WHEREAS, deep divisions within our country are the result of extreme ideology, further strengthening a cycle of mistrust and suspicion fueled by fear, anxiety, and insecurity; and
WHEREAS, the number of hate crimes across the United States continues to increase with hate crimes against Jews, African Americans and Asian Americans especially increasing; and
WHEREAS, the City of Berkeley is dedicated to preventing and opposing hate and intolerance in our communities. Berkeley started United Against Hate Week in 2017, which has since expanded into a national movement; and
WHEREAS, education, compassion, and cooperation are key to unlocking understanding and embracing differences between people, with United Against Hate Week an important step in bridging divisions and strengthening our communities.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that that it hereby proclaims October 18-24, 2026, as United Against Hate Week in the City of Berkeley.
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7180 E-Mail: [email protected]
CONSENT CALENDAR
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Councilmember Humbert (Author), Councilmember Blackaby (Co- Sponsor), Councilmember Lunaparra (Co-Sponsor), Mayor Ishii (Co- Sponsor)
Subject: Music in the Elmwood Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $14,000 per Councilmember including $14,000 from Councilmember Humbert to the Elmwood Business Association for the Music in the Elmwood Festival in the years 2027 and 2028, with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Humbert and any other Councilmembers who would like to contribute.
BACKGROUND
People are increasingly taking note of the Music in the Elmwood Festival, which is heading into its fourth year and continues to grow in scale. Music festivals help build a strong economic bass for our business districts, and we hope to see a sharp increase in attendance. It’s hard to beat a free music event that’s fun for the whole family, and we want to support the Elmwood Business Association’s instrumental role in this event.
Neighborhood festivals like this are a cymbal of our community’s vitality. These funds will drum up financial support and ensure that Music in the Elmwood crescendos for years to come.
FINANCIAL IMPLICATIONS
No General Fund impact. $14,000 is available from Councilmember Humbert’s office budget.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with adopting this recommendation.
CONTACT PERSON
Councilmember Mark Humbert Council District 8 510-981-7180
Berkeley City Councilmember
Mark Humbert, District 8
2180 Milvia Street, 5th Floor
Berkeley, CA 94704
[email protected]
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RESOLUTION NO. ##,###-N.S.
MUSIC IN THE ELMWOOD FESTIVAL 2027 and 2028
WHEREAS, people are increasingly taking note of the Music in the Elmwood Festival, which is now in its second year and continues to grow in scale; and WHEREAS, music festivals help build a strong economic bass for our business districts, and we hope to see a sharp increase in attendance; and
WHEREAS, it’s hard to beat a free music event that’s fun for the whole family, and we want to support the Elmwood Business Association’s instrumental role in this event; and WHEREAS, neighborhood festivals like this are a cymbal of our community’s vitality; and
WHEREAS, These funds will drum up financial support and ensure that Music in the Elmwood crescendos for years to come; and
WHEREAS, Councilmember has surplus funds in his office expenditure account, which would be key to the event; and
WHEREAS, the Elmwood Business Association is making a play for funds in the amount of $14,000 to help cover the costs of the festivities in lieu of limited City Civic Arts funding; and
WHEREAS, working in concert for this event would serve the civic interests of community-building, supporting musicians, and trumpeting Berkeley’s cultural influence; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Councilmembers from their Council Office Budgets up to $14,000 per office shall be granted to the Elmwood Business Association for helping cover the costs of the Music in the Elmwood Festival.
Berkeley City Councilmember
Mark Humbert, District 8
2180 Milvia Street, 5th Floor
Berkeley, CA 94704
[email protected]
www.MarkHumbert.com
CONSENT CALENDAR
September 29, 2026
To: Members of the Berkeley City Council
From: Councilmember Mark Humbert (Author), Councilmember Brent Blackaby (Co-Sponsor), Councilmember Cecilia Lunaparra (Co-Sponsor), Mayor Adena Ishii (Co- Sponsor)
Subject: Reaffirmation of the Sister City Relationship Between the City of Berkeley and the City of Palma Soriano, Cuba
RECOMMENDATION
Adopt a Resolution reaffirming the long-standing Sister City relationship between the City of Berkeley and the City of Palma Soriano, Cuba, and reauthorizing the Berkeley– Palma Soriano Sister City Committee to resume work on clean water, environmental, cultural, and educational projects in partnership with the Palma Soriano community, at no direct or indirect cost to the City of Berkeley.
SUMMARY
On May 14, 2002, the City of Berkeley established a Sister City relationship with the Municipality of Palma Soriano in the Province of Santiago de Cuba through Resolution 61,553-N.S. In the years since, Berkeley residents and organizations, including the Berkeley-Cuba Sister City Association, the Green Cities Fund, and the Berkeley–Palma Soriano Sister City Committee, worked alongside the Palma Soriano community and Cuban partner organizations to advance a locally designed, low-cost clean water project. But the Sister City relationship has been in abeyance for an extended period.
This item reaffirms the relationship and reauthorizes the Sister City Committee to resume its work, consistent with the criteria the City established for Sister City relationships in Resolution 56,069-N.S.
FINANCIAL IMPLICATIONS
None. Consistent with the City's Sister City criteria, there are to be no direct or indirect costs to the City of Berkeley. All expenses associated with the relationship and its associated projects are the responsibility of the Berkeley–Palma Soriano Sister City Committee, the Green Cities Fund, and partnering organizations, which take responsibility for any related fundraising.
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Because the clean water project is an international effort rather than a local Berkeley organization, program, or project, Councilmembers may not contribute to it from their Council Office Budgets, which are restricted to local purposes. Councilmember Humbert will instead be making a personal donation in support of the effort and warmly invites his colleagues and members of the public who are moved to do so to contribute personally as well, through the Green Cities Fund (www.greencitiesfund.org), a Berkeley-based 501(c)(3) public benefit corporation.
CURRENT SITUATION AND ITS EFFECTS
Palma Soriano is a community of roughly 80,000 people in the Province of Santiago de Cuba in eastern Cuba, at the confluence of the two main tributaries of the Cauto, Cuba's longest river, which descend from the Sierra Maestra mountains. Like Berkeley, it is known as a center for research, social programs, and culture. The community has a rich Afro-Cuban heritage, including descendants of people brought from Haiti more than two centuries ago in the era of the Haitian Revolution.
For years, raw sewage in Palma Soriano has been discharged directly into the Cauto River, the community's own water source. Working together, University of California, Berkeley clean water experts, the Berkeley–Palma Soriano Sister City organization, Cuba's leading environmental non-governmental organization (the Antonio Núñez Jiménez Foundation), and Palma Soriano's independent cultural organization (Grupo Ennegro) developed a low-technology, low-cost, and locally built clean water plan.
Rather than emptying into the river, sewage would be directed into a series of ponds filled with flora and fauna that naturally remove toxins and sediment, yielding clean water that can be used for reforestation and community gardens. The approach is designed to be replicable by community groups elsewhere in Cuba and other developing regions.
The plan was devised with the assistance of University of California, Berkeley faculty as a graduate thesis project. As a next step, the Green Cities Fund is prepared to finance a return visit by the expert who designed the plan to provide an updated assessment of feasibility and cost. Reaffirming the Sister City relationship and reauthorizing the Sister City Committee will bolster this work moving forward and will renew opportunities for cultural and educational exchange between our two communities.
The relationship continues to satisfy the seven criteria for Sister City relationships established in Resolution 56,069-N.S.:
1. Benefit to the human rights, health, safety, culture, and education of the citizens of Berkeley. The relationship deepens Berkeley residents' engagement with
Afro-Cuban history and culture and with community-scale environmental problem- solving, and reflects Berkeley's long-standing commitment to international friendship and solidarity.
2. New opportunities for exchange programs, cultural enrichment, or curriculum enhancement. The partnership creates opportunities for cultural and technical exchange between Berkeley and Palma Soriano, including around the clean water project and among the communities' cultural organizations.
3. A sufficient number of committed Berkeley residents capable of representing Berkeley's interest. Berkeley residents and organizations, including the Berkeley-Cuba Sister City Association that originally proposed the relationship, former Mayor Tom Bates, former State Senator and Mayor Loni Hancock, the Wellstone Democratic Club, the Green Cities Fund, and the Berkeley–Palma Soriano Sister City Committee, have sustained this relationship over many years, including in-person delegations to Palma Soriano.
4. A sufficient number of committed residents in the Sister City capable of sustaining the relationship. Palma Soriano's cultural and environmental organizations, together with Cuban partner institutions, have demonstrated ongoing commitment to the Sister City partnership and the clean water project.
6. No direct or indirect costs to the City of Berkeley. All costs are borne by the Sister City Committee, the Green Cities Fund, and partnering organizations, with any donations being of a personal nature and not drawing from public funds.
7. Increased harmony in Berkeley and consistency with Berkeley’s best interests.
The relationship reflects Berkeley's historic commitment to standing with communities seeking to chart their own future and to advancing environmental sustainability and international friendship.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no adverse environmental effects associated with this recommendation. The clean water project is designed to reduce water pollution, restore a natural watershed, and support reforestation and community gardens in Palma Soriano.
CONTACT PERSON
Councilmember Mark Humbert — [email protected], 510-981-7180
ATTACHMENTS
1. Resolution
RESOLUTION NO. ##,###-N.S.
REAFFIRMING THE SISTER CITY RELATIONSHIP BETWEEN THE CITY OF
BERKELEY AND THE CITY OF PALMA SORIANO, CUBA, AND REAUTHORIZING THE BERKELEY–PALMA SORIANO SISTER CITY COMMITTEE
WHEREAS, the City of Berkeley has a long and proud legacy as an international city, maintaining Sister City relationships around the world that advance friendship, cultural and educational exchange, and solidarity; and
WHEREAS, the City of Berkeley established a Sister City relationship with the Municipality of Palma Soriano in the Province of Santiago de Cuba on May 14, 2002, through Resolution 61,553-N.S., upon a proposal presented by the Berkeley-Cuba Sister City Association; and
WHEREAS, Palma Soriano is a community of approximately 80,000 people in the Province of Santiago de Cuba, situated at the confluence of the two main tributaries of the Cauto River, and, like Berkeley, known as a center for research, social programs, and culture, and rich in Afro-Cuban heritage, including descendants of people brought from Haiti more than two centuries ago; and
WHEREAS, this Sister City relationship has focused on helping Palma Soriano develop an environmentally sound, locally built clean water system that redirects raw sewage away from the Cauto River, the community's own water source, and into natural treatment ponds, yielding clean water for reforestation and community gardens; and WHEREAS, this clean water plan was developed collaboratively by University of California, Berkeley clean water experts, the Berkeley–Palma Soriano Sister City organization, the Antonio Núñez Jiménez Foundation, and Grupo Ennegro, and was designed to be replicable by other communities in Cuba and beyond; and WHEREAS, in December 2012, then-Mayor Tom Bates and then-State Senator Loni Hancock visited Palma Soriano on a trip sponsored by the Green Cities Fund, a Berkeley-based 501(c)(3) public benefit corporation, and Berkeley residents and organizations have sustained this relationship over many years; and WHEREAS, the Sister City relationship established by Resolution 61,553-N.S. has been in abeyance for an extended period of time, and there is renewed commitment among Berkeley residents and organizations to reactivate it and resume its work; and
WHEREAS, the City of Berkeley has historically stood with communities seeking to chart their own destiny and to secure a healthy environment for their people; and WHEREAS, the relationship continues to meet the criteria for Sister City relationships established by Resolution 56,069-N.S.; and
WHEREAS, consistent with those criteria, there are to be no direct or indirect costs to the City of Berkeley, and all associated expenses are the responsibility of the Berkeley– Palma Soriano Sister City Committee, the Green Cities Fund, and partnering organizations.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council reaffirms the Sister City relationship between the City of Berkeley and the City of Palma Soriano, Cuba.
BE IT FURTHER RESOLVED that the Council reauthorizes the Berkeley–Palma Soriano Sister City Committee to resume and continue its work on the water purification project and related environmental, cultural, and educational projects contemplated in the original relationship, at no direct or indirect cost to the City of Berkeley.
BE IT FURTHER RESOLVED that the Council directs the City Clerk to forward a copy of this Resolution to the appropriate officials of the City of Palma Soriano, Cuba, and to Berkeley's Congressional representatives.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
PUBLIC HEARING
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: California Municipal Finance Authority Bond Financing for Ashby Lofts Project
RECOMMENDATION
Conduct the public hearing on September 29, 2026, under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”), and upon conclusion:
Adopt a Resolution approving the issuance of the Bonds by the California Municipal Finance Authority (“CMFA”) for the benefit of Ashby Lofts LP, a California limited partnership (the “Borrower”), to provide for the financing of Ashby Lofts (the “Project”).
The adoption is intended to solely satisfy the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following).
FISCAL IMPACTS OF RECOMMENDATION
The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.
The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Berkeley (City), it is expected that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City. Staff recommend this funding be applied to the Housing Trust Fund (HTF) program.
CURRENT SITUATION AND ITS EFFECTS
Satellite Affordable Housing Associates (SAHA) is the sponsor of a 54-unit affordable rental housing project, located at 2909 and 2919 Ninth Street. Between June 2004 and
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California Municipal Finance Authority Bond Financing for Ashby Lofts PUBLIC HEARING September 29, 2026
June 2007, the City provided a total of $3,023,964 for acquisition and construction of the development. More recently, the City authorized additional funding for property rehabilitation: $850,000 Housing Trust Fund (HTF) fund reservation on December 14, 2021 (Resolution 70,135-N.S.), and $2,868,571 on June 24, 2025 (Resolution 71,846- N.S.). The Borrower has requested that the CMFA serve as the municipal issuer of tax- exempt revenue bonds. These bonds will feature an aggregate principal amount not to exceed $25,000,000 (the “Bonds”). The proceeds of the Bonds will be used to finance and refinance the acquisition, rehabilitation, improvement, and equipping of the Project, to be owned and operated by the Borrower.
For the bonds to qualify as tax-exempt bonds, the City must conduct a public hearing (the “TEFRA Hearing”) to give community members an opportunity to speak in favor of or against the Project’s financing. Reasonable public notice must be published prior to the hearing. Following the close of the TEFRA hearing, an “applicable elected representative” of the host local government must approve the bond issuance. This approval is intended solely to satisfy the requirements of TEFRA, the Internal Revenue Code, and the California Government Code Section 6500.
BACKGROUND
The CMFA was established on January 1, 2004, through a joint exercise of powers agreement to assist local governments, non-profit organizations, and businesses with taxable and tax-exempt financing. Designed to promote economic, cultural, and community development throughout California, CMFA has grown to include over 330 member municipalities, including the City of Berkeley. The authority’s representatives and Board of Directors possess extensive experience in structuring and executing complex bond financings.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Developing infill, affordable housing is widely accepted as a best practice for reducing greenhouse gas emissions associated with vehicle miles traveled.
RATIONALE FOR RECOMMENDATION
The proposed project is eligible for tax-exempt bonds. The City Council approval will allow the CMFA to issue the bonds, directly supporting Berkeley’s supply of low- and very-low income units in alignment with the Regional Housing Needs Allocation and Strategic Plan goals. These tax-exempt bonds will leverage the City’s prior HTF investments to ensure successful project completion.
ALTERNATIVE ACTIONS CONSIDERED
The City may decline to hold a TEFRA hearing, or to hold the hearing but not approve the bonds. While it is preferable for the City to hold the TEFRA hearing and approve the use of bonds, CMFA could approach Alameda County to fill this role if the City declined.
Alternatively, the Project would need to identify a new funding plan that does not include
California Municipal Finance Authority Bond Financing for Ashby Lofts PUBLIC HEARING September 29, 2026
bond funds if the City Council does not approve the issuance. The resulting delays and/or additional expenses would negatively impact the Project’s feasibility.
CONTACT PERSON
Be Tran, Community Development Project Coordinator, HHCS, (510) 981-5430 Attachments:
1: Resolution
2: Public Hearing Notice
RESOLUTION NO. ##,###-N.S.
APPROVING CALIFORNIA MUNICIPAL FINANCE AUTHORITY BOND FINANCING
FOR ASHBY LOFTS PROJECT
WHEREAS, Satellite Affordable Housing Associates, a California nonprofit public benefit corporation (the “Developer”), on behalf of Ashby Lofts LLC, a California limited liability company, or by another affiliate of the Developer (such limited partnership or other ownership entity, the “Borrower”), has requested that the California Municipal Finance Authority (the “Authority”) undertake a proposed plan of finance to issue and reissue from time to time one or more series of revenue bonds in an outstanding principal amount not to exceed $25,000,000 (the “Bonds”) to finance and refinance the acquisition, rehabilitation, improvement and equipping of a 54-unit qualified residential rental project (the “Project”) to be owned and operated by the Borrower and located at 2909-2919 Ninth Street within the City of Berkeley, California (the “City”); and WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the proposed plan of finance for the Project under Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the City Council of Berkeley (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code; and
WHEREAS, the Authority has advised that the Bonds may be issued pursuant to a “plan of finance” to issue an original issue of Bonds and to issue or reissue one or more additional series of Bonds from time to time after the original issue of Bonds, if necessary or desirable to comply with applicable legal requirements, all in an aggregate principal amount not to exceed $25,000,000 to finance the Project, and all within the three-year period commencing on the date of the issuance of the first series of Bonds pursuant to this resolution; and
WHEREAS, the Authority has requested that the City Council approve the proposed plan of finance in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the proposed plan of finance for the Project.
NOW THEREFOR, BE IT RESOLVED by the Council of the City of Berkeley as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council hereby approves the proposed plan of finance of the Authority to issue and reissue from time to time of one or more series of revenue bonds in an
outstanding principal amount not to exceed $25,000,000. It is the purpose and intent of the City Council that this resolution constitute approval of the proposed plan of finance for the Project for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.
Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.
Section 4. The City Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:
Ronald E. Lee, Esq.
Jones Hall LLP
4 West 4th Avenue, Suite 406
San Mateo, CA 94402
Section 5. This resolution shall take effect immediately upon its adoption.
NOTICE OF PUBLIC HEARING
BERKELEY CITY COUNCIL
CALIFORNIA MUNICIPAL FINANCE AUTHORITY MULTIFAMILY
HOUSING REVENUE BONDS FOR 2909-2919 NINTH STREET
The public may participate in this hearing by remote video or in-person.
The Department of Health, Housing, and Community Services is proposing a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986, which will be held with respect to a proposed plan of finance of the California Municipal Finance Authority (the “Authority”) to issue and reissue from time to time, one or more series of revenue bonds in an outstanding principal amount not to exceed $25,000,000 (the “Bonds”), to finance and refinance the acquisition, rehabilitation, improvement and equipping of a 54-unit qualified low-income residential rental project located at 2909- 2919 Ninth Street (the “Project”) in the City of Berkeley, California (the “City”). The Project is to be owned and operated by Ashby Lofts LP, a California limited partnership, or by another ownership entity to be created by its general partner, Ashby Lofts LLC, a California limited liability company, or by another affiliate of such general partner’s sole member/manager, Satellite Affordable Housing Associates, a California nonprofit public benefit corporation (such limited partnership or other ownership entity, the “Borrower”).
The Bonds and the obligation to pay principal thereof and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the City, the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be limited obligations of the Authority, payable solely from certain revenues duly pledged therefore and generally representing amounts paid by the Borrower.
The hearing will be held on SEPTEMBER 29, 2026, at 6:00 pm or as soon thereafter as the matter can be heard in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.
A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of September 17, 2026. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.
For further information, please contact Be Tran, Community Development Project Coordinator at (510) 981-5430.
Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to
[email protected] in order to ensure
delivery to all Councilmembers and inclusion in the agenda packet.
Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information.
Published: September 18, 2026 - The Berkeley Voice
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on September 17, 2026.
__________________________________
Mark Numainville, City Clerk
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
PUBLIC HEARING
September 29, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Adoption of San Pablo Avenue Specific Plan
RECOMMENDATION
Conduct a public hearing, and upon conclusion:
1. Adopt a Resolution:
a. Considering an Addendum to the 2023-2031 Housing Element Update Environmental Impact Report (EIR) together with the previously certified EIR and finding that none of the conditions described in CEQA Guidelines Section 15162 requiring preparation of a subsequent or supplemental EIR have occurred;
b. Adopting the San Pablo Avenue Specific Plan and San Pablo Avenue Specific Plan Design Standards Document;
c. Approving and adopting General Plan and University Avenue Strategic Plan map and text amendments to redesignate certain parcels and update certain land use designations to be consistent with the San Pablo Avenue Specific Plan; and
d. Rescinding the West Berkeley Plan and San Pablo Avenue Public Improvements Plan; and
2. Adopt the first reading of an Ordinance to amend the Berkeley Municipal Code to create the San Pablo Commercial District (Chapter 23.202.160) and additional conforming amendments to other sections of the Municipal Code.
SUMMARY
Staff are proposing amendments to the Zoning Map, Zoning Ordinance, and conforming amendments to the University Avenue Strategic Plan and General Plan as part of the proposed adoption of the San Pablo Avenue Specific Plan (Specific Plan) and associated Design Standards Document. The full text of the Zoning Ordinance and General Plan changes can be found in Attachment 2. The Specific Plan identifies
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Adoption of San Pablo Avenue Specific Plan PUBLIC HEARING SEPTEMBER 29, 2026
goals, policies and programs that address citywide and regional goals for housing production and affordability, and support small businesses, multimodal streets, and cultural vitality. The Design Standards Document provides a set of standards to support Specific Plan implementation. As part of adoption of the Specific Plan, staff and the Planning Commission are recommending that the West Berkeley Plan and San Pablo Avenue Public Improvements Plan be retired.
As required by the California Environmental Quality Act (CEQA), staff have prepared an Addendum (Attachment 1, Exhibit A) to the previously certified 2023-2031 Housing Element Update EIR to analyze the potential physical impacts to the environment as a result of Specific Plan adoption and implementation, and retirement of the West Berkeley Plan and San Pablo Avenue Public Improvements Plan. The Addendum found no new or more severe environmental impacts beyond those disclosed and analyzed in the Housing Element EIR, and concluded that no further environmental review is required.
FISCAL IMPACTS OF RECOMMENDATION
The proposed Specific Plan and implementing legislation are intended to support housing production and affordability, and small businesses along the San Pablo Avenue corridor, which could result in additional contributions to the tax base and economic vitality in Berkeley. While the Specific Plan proposes waiving the Outdoor Commerce fee and application and plan check review fees associated with sidewalk seating and parklets to activate the public realm within the Specific Plan Area, the proposed amendments may result in an increase in employment, property tax, business license tax and sales tax revenues due to increased business activity in the Specific Plan area.
CURRENT SITUATION AND ITS EFFECTS
The Specific Plan (Attachment 1, Exhibit B) advances the following City strategic plan goals:
Create affordable housing and housing support services for our most vulnerable community members.
Foster a dynamic, sustainable, and locally-based economy. Create a resilient, safe, connected and prepared city.
The proposal consists of adoption of the Specific Plan, as well as a Design Standards Document, Zoning Ordinance and Map amendments, corresponding General Plan text and Map amendments to ensure consistency with the Specific Plan, retirement of the West Berkeley Plan and San Pablo Avenue Public Improvements Plan, and approval and adoption of the addendum to the 2023-2031 Housing Element EIR.
The Specific Plan Area encompasses the 2.35-mile San Pablo Avenue corridor within the city limits. Parcels included in the Specific Plan Area front and are adjacent to San Pablo Avenue. In addition, parcels fronting University Avenue between Ninth Street and
Adoption of San Pablo Avenue Specific Plan PUBLIC HEARING SEPTEMBER 29, 2026
Curtis Street are included, as well as various parcels fronting side streets parallel to San Pablo Avenue (see Figure 1: Existing and Proposed Zoning Map).
The Specific Plan would supersede the 1993 West Berkeley Plan for all properties within the Specific Plan Area, while carrying forward the West Berkeley Plan’s key land use goals (such as protecting specified industrial and non-industrial uses and requiring the replacement of converted industrial spaces). (For an analysis of the West Berkeley Plan implementation measures, see Attachment 4.) Based on Planning Commission and City Council feedback, the West Berkeley Plan is proposed to be retired with adoption of the Specific Plan. The Specific Plan would also supersede the San Pablo Avenue Public Improvements Plan, which is proposed to be retired (see Summary of Proposed Plan Retirements below). All future development projects would be required to comply with the Specific Plan, the Design Standards Document, and the Berkeley Municipal Code (BMC). The Design Standards Document (Attachment 1, Exhibit C) and Title 23 of the BMC contain the design standards and zoning regulations that implement the Specific Plan.
Adoption of San Pablo Avenue Specific Plan PUBLIC HEARING SEPTEMBER 29, 2026
Figure 1 – Existing and Proposed Zoning Map
Adoption of San Pablo Avenue Specific Plan PUBLIC HEARING SEPTEMBER 29, 2026
Summary of Specific Plan
The proposed Specific Plan includes six chapters, consisting of:
The Introduction chapter (Chapter 1) provides context about Specific Plan Area conditions, the purpose of the document, and the community engagement process.
The Vision & Desired Results chapter (Chapter 2) provides long-term vision, brief historical context, goals and planning framework for the Specific Plan Area. Three chapters focus on Land Use, Economic Development, and Streets, Mobility, and the Public Realm (Chapters 3 through 5, respectively), each including goals, policies and standards.
The Implementation chapter (Chapter 6) describes implementation measures and a preliminary set of next steps to achieve the long-term vision of the Specific Plan. The Specific Plan would be monitored and updated on a regular basis to reflect progress, lessons learned, changing circumstances, new opportunities, and community priorities over time.
A stand-alone Design Standards Document would implement urban design-related policies by articulating design requirements at the site, building and public realm levels for new development and alterations of existing buildings.
The following sections briefly describe the policies contained in each chapter and Design Standards Document, as they have been refined based on feedback received on the Draft Plan.
Introduction and Vision and Guiding Principles (Chapters 1 and 2) The San Pablo Specific Plan
Identifies a community vision and provides a plan for achieving the vision; Includes a framework for transforming San Pablo Avenue into a multimodal street that functions well for all users, not just as a thoroughfare, but as a mixed-use place that provides a multitude of opportunities for living, working and taking part in community life;
Explains, updates and creates new local planning policies, development standards and practices, and highlights their interrelationship, relevancy, and adherence with State, regional, and citywide planning policies and processes; Includes implementation strategies with clear actions and responsibilities; and Prioritizes equity, promotes inclusivity, and strives to eliminate disparities through the Specific Plan’s policies, programs, and implementation strategies.
Adoption of San Pablo Avenue Specific Plan PUBLIC HEARING SEPTEMBER 29, 2026
The overall vision for the San Pablo Specific Plan includes:
Encouraging More Housing, through new development standards and land use regulations;
Increasing Business Activity, through new land use regulations that streamline the approval of new businesses, and activate ground-floor spaces, as well as encouraging Business Improvement Districts;
Enhancing Interaction Between Public and Private Spaces, by developing new sidewalk and public realm design standards, exploring the closure of streets to establish public plazas and other gathering spaces, and expanding the tree canopy to green the streetscape;
Enhancing Local and Citywide Access by improving pedestrian crossings, lighting and streetscape design, as well as supporting reliable transit and biking options.
Land Use (Chapter 3)
The following policies aim to increase the diversity and supply of housing, and to support commercial vitality and reduce ground floor vacancies while promoting active, pedestrian-oriented development and public realm improvements. For more details about how these policies would be implemented through zoning, see Summary of Zoning and Plan Changes below.
Establish the San Pablo Commercial (C-SP) Zoning District (Figure 1 above) Currently, the Specific Plan Area is largely within the West Berkeley Commercial (C-W) district; a few parcels are split-zoned C-W and Mixed- Use Light Industrial (MU-LI), University Commercial (C-U), or residential (R-1, R-2, R-3) districts. The Specific Plan would re-zone these parcels within the Specific Plan Area to a new district, San Pablo Commercial (C- SP), to implement the Specific Plan’s land use policies. Focus Commercial Uses within Designated Nodes
The existing C-W district includes Designated Nodes at key intersections where development standards and permitted uses concentrate neighborhood-serving commercial uses. The Specific Plan would continue this framework and expand the number of permitted uses in Designated Nodes to increase flexibility for long-term commercial viability. Expand Allowed Primary and Temporary Uses
Compared to the existing C-W district, the C-SP district would allow for a more active, flexible, and community-oriented mixed-use environment with certain industrial uses allowed where compatible with residential uses. To support commercial vitality, temporary uses that include retail, enclosed
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public markets1, food service establishments, and commercial uses located outdoors would be allowed with a zoning certificate, subject to meeting performance standards.
Allow Affordable and Family-Friendly Housing on MU-LI Parcels The Specific Plan would permit mixed-use and multi-family developments on eight MU-LI parcels within the Specific Plan Area, as long as the applicant commits either: 1) 100% of residential units as deed-restricted affordable housing; or 2) at least 50% of residential units as “family-sized” (two or three-bedrooms). The C-SP development standards would apply to eligible projects. The affordability requirement for rental units would be to households earning less than 60 percent of the Area Median Income (AMI); for ownership units, the sales price would be affordable to households earning no more than 80 percent of the AMI.
Local Density Bonus
The Specific Plan includes a pilot San Pablo Avenue Density Bonus Program to develop an affordable-housing benefit for new residential ownership (condominium) projects that is exclusively met through paying an in-lieu fee to the City’s Affordable Housing Trust Fund. This pilot program would align with a recently adopted Council referral to facilitate lower-cost ownership opportunities in Berkeley.2
Public Open Space Enhancements
The Specific Plan includes incentives to create high-quality, publicly accessible open space within private development projects to enhance the pedestrian environment and support placemaking. A development project applicant could choose to substitute private open space for any of the following four types of public open space: sidewalk expansion, privately- owned publicly accessible open spaces (POPOS), side-street plazas, or mid-block passages.
Ground Floor Form Types
The Specific Plan establishes four ground floor form types—Storefront, Active, Residential, and Live/Work—with tailored design standards to support an adaptable and walkable public realm and prioritize transparency, architectural articulation, and seamless adaptability 1 A facility or location where people regularly gather for the sale and purchase of food, beverages, flowers, crafts, and other similar goods. Public markets are open daily, year-round, in a permanent location, with multiple vendors that are owner-operated. (b) Enclosed. A public market conducted indoors. https://berkeley.municipal.codes/BMC/23.502.020(P)(20)
2 https://berkeleyca.gov/sites/default/files/2026-04/2026-04- 14%20Item%2013%20Referral%20to%20Establish%20a%20Citywide%20Local%20Density%20Bonus% 20Program.pdf
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between various commercial uses. Outside of Designated Nodes, any form type can be selected to meet the requirement, and more than one form type can be combined within a single development.
The Storefront form type is intended to encourage strong retail- oriented commercial frontage, where residential use is allowed behind the commercial frontage. This form type would be required on all parcels fronting San Pablo Avenue, all parcels fronting University Avenue, all parcels on Gilman Street between San Pablo Avenue and Ninth Street, parcels on the corners of San Pablo Avenue and Cedar and Hopkins Streets, parcels on the corner of Dwight Avenue and San Pablo Avenue, and parcels on Ashby Avenue.
The Active form type is intended to be functional for a range of non- residential uses and residential amenity spaces. This form type would be allowed on certain side streets within Designated Nodes as an alternative to Storefront.
The Residential form type is intended to foster social interaction and street activation while providing appropriate transitions between public and private space. This form type would be allowed in a few locations within the Cedar and Dwight Nodes; it is also allowed outside of Designated Nodes.
The Live/Work form type is intended to support the unique needs of spaces that combine living and working and provide a storefront character to enhance the pedestrian environment. This form type would only be allowed outside of Designated Nodes.
Development and Design Standards (Attachment 1, Exhibit C) The Specific Plan includes new development standards to encourage additional housing development in the Specific Plan Area (see Summary of Zoning and Plan Changes section below). The proposed Design Standards will further the vision of the Specific Plan, by promoting a built form and architectural character that reinforces San Pablo Avenue’s distinctive place in the City, that supports walking, and sustains a diverse, active and safe public realm.
Streets and Mobility
Community feedback emphasized the importance of making San Pablo Avenue easier to cross, more comfortable to walk and bike along, and better connected to the surrounding neighborhoods and regional destinations. San Pablo Avenue is a California state highway (State Route 123), subject to the authority of the California Department of Transportation (Caltrans), so the ability of the City to make changes to San Pablo Avenue is limited. The Specific Plan does not focus on transportation improvements to San Pablo Avenue, as the Alameda County Transportation
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Commission (ACTC) has completed a multimodal planning study for San Pablo Avenue’s entire length through Alameda County. The study led to three improvement projects: the construction of safety improvements along San Pablo Avenue, bus stop improvements, and bicycle facility improvements on roads that run parallel to San Pablo Avenue, as well as a short segment of bicycle and bus lanes on the southern end of San Pablo Avenue in Berkeley.
The Specific Plan includes transportation policies that: 1) provide local context to inform updates of the City’s Pedestrian and Vision Zero Action Plans, expected to begin in 2026 or 2027; 2) call for implementation of mobility hubs in collaboration with the Metropolitan Transportation Commission (MTC) and AC Transit; 3) improving safety by managing vehicle speeds and lowering speed limits; and 4) improving multimodal connectivity at key intersections (see Appendix D to the Specific Plan).
Public Realm
The Specific Plan proposes policies and standards for the public realm that make it easy to reach businesses, transit, homes, and parking while also offering spaces to gather, exercise, and socialize.
Sidewalks
To serve the range of uses and infrastructure located within sidewalks, the Specific Plan establishes design standards for each of three zones:
Pedestrian, Amenity, and Frontage. Where sidewalk widths are narrower than preferred in the Berkeley Pedestrian Plan (2020),3 the Specific Plan would encourage widening as properties are redeveloped. In addition, the Outdoor Commerce Use Fee would be waived for 10 years from permit issuance where sidewalks are widened for commercial uses.4 Streetscape
The Specific Plan updates streetscape standards from the existing San Pablo Avenue Public Improvement Plan (2003) for pedestrian-scale lighting, street furnishing, bus stop improvements, medians, trees, and landscaping. Elements of the streetscape standards would apply to side streets within the Specific Plan Area, including University Avenue. Side Street Plazas
The Specific Plan encourages converting minor streets into side street plazas by limiting or removing vehicle access at certain intersections along 3 City of Berkeley, Pedestrian Plan. Appendix B: Engineering and Design Guidance, page B-8. (https://berkeleyca.gov/sites/default/files/documents/2020%20Pedestrian%20Plan%20Appendix%20B%2 0%28adopted%29.pdf)
4 Outdoor Commerce, Sidewalk Seating, and Parklets | City of Berkeley (https://berkeleyca.gov/doing- business/operating-berkeley/operational-permits-businesses/outdoor-commerce-sidewalk-seating)
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San Pablo Avenue that generally extend only a few blocks east/west of San Pablo Avenue or that lack a median break. Implementation approaches include public-private partnerships, a future Business Improvement District, and as an open space incentive in new development.
Parklets and Curb Extension Common Spaces
On side streets within the Specific Plan Area, parklets and curb extensions offer opportunities to create community gathering areas, outdoor business spaces and streetscape landscaping within the public right-of-way. To encourage development of these spaces, the Specific Plan proposes waiving the Sidewalk Seating Permit fee for up to 10 years from permit issuance.5
Pocket Parks and Plazas
There are no publicly owned park, plazas, or other community spaces located along San Pablo Avenue. Community feedback throughout the planning process emphasized a strong desire for accessible public open space along San Pablo Avenue. The Specific Plan suggests future evaluation of the feasibility of acquiring underutilized parcels for a public park along San Pablo Avenue.
Design Standards Document
To help achieve the Specific Plan’s vision of a built form and architectural character that reinforces San Pablo Avenue’s distinctive place in the City, supports walking, and sustains a diverse, active and safe public realm, a Design Standards Document is proposed for adoption with the Specific Plan. The document has been developed with a goal to not adversely affect project feasibility, with language that is objective yet flexible.
Compliance would be mandatory. Projects that comply with the applicable standards would be exempt from the City’s Design Review process; however, a project proponent could request an exception to any standard, subject to certain findings being made by the Design Review Committee. The document is organized into five sections:
1. Introduction. Describes the purpose and applicability of the standards, the guiding principles, and administrative process to revise them.
2. Site Design. Provides standards for the arrangement of activities on the site, primarily in relation to the adjacent public space. The site design section includes standards for pedestrian and vehicular access, as well as parking and service locations within a development site.
5 Ibid.
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3. Building Design. Provides architectural standards, including façade modulation and articulation, windows, colors and materials, roofs, and parking garages.
4. Pedestrian-Level Design. Provides standards primarily at the ground floor that relate to the building’s interaction with sidewalks, adjacent buildings, and open space. The pedestrian-level design section includes standards for ground floor frontages, as well as private and public open space, standards for service and utilities, private parklets and public art.
5. Glossary. Defines technical terms not otherwise included in the Zoning Ordinance (BMC Title 23).
Summary of Zoning and Plan Changes
Detailed descriptions of the proposed zoning changes and General Plan text and map amendments, and a detailed rationale for each proposed change, can be found in the staff report for the Planning Commission’s June 3, 2026 meeting (Attachment 3). Table 1 provides a summary of the recommended changes for each development standard and the policy rationale for each recommendation.
Table 1. Summary of Proposed San Pablo Commercial District Development Standards Development Standard and Recommendation Policy Goal
Floor Area Ratio (FAR)
Increase the maximum FAR for mixed-use projects
commensurate with the proposed increase in
maximum building height.
Building Height
Increase the maximum for mixed-use projects to 7
stories and 75 feet across the district.
Help meet Housing Element goals to
achieve Regional Housing Needs
Allocation (RHNA)
Provide predictability for the review
process and outcome
Increase ease of compliance through
simplified standards
Setbacks
Add minimum ground-floor front setback for
residential and live/work ground-floor frontage
types.
Require 5-foot minimum front and side street
setbacks on parcels adjacent to residential
districts.
Encourage context-sensitive infill
development
Balance the needs for social interaction at
the pedestrian level with privacy for
residents.
Open Space
Maintain existing requirement and increase
flexibility in meeting open space standard.
Add option to provide personal and/or common
private open space within a project, and allow
incentives to substitute private for publicly
accessible open space.
Allow flexibility in project design
Encourage social interaction while
providing a suitable level of privacy for
residents.
Incentivize publicly accessible open
space to enhance the pedestrian
environment and support placemaking.
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Lot Coverage and Building Separation
No changes proposed
Increase ease of compliance through
simplified standards
Summary of Proposed Amendments to Existing Plans
Adoption of the Specific Plan and associated Zoning Ordinance amendments requires the following conforming amendments to the University Avenue Strategic Plan and General Plan:
University Avenue Strategic Plan. The Specific Plan Area would be amended to remove the existing San Pablo Avenue Node, as this area would be superseded by the Specific Plan and C-SP zoning district (see Attachment 1, Exhibit D).
General Plan. The Land Use Element would be amended to add a new policy – LU-47: San Pablo Avenue Specific Plan – to implement the Specific Plan and take action to achieve its desired outcomes. The C-SP district would be added as a compatible zoning district to the existing Avenue Commercial land use designation. The land use diagram would be revised to apply the Avenue Commercial land use designation to the Specific Plan Area. In addition, the Urban Design and Preservation Element would be amended to add reference to the Specific Plan (see Attachment 1, Exhibit G).
Summary of Proposed Retirements of Existing Plans
The following would be retired with adoption of the Specific Plan:
San Pablo Avenue Public Improvements Plan (SPAPIP). Adopted on December 7, 2004, the SPAPIP was developed to support pedestrians, cyclists, drivers, and transit users, while also revitalizing the area along and surrounding San Pablo Avenue. While many improvements have been completed, the SPAPIP itself is now outdated and would be replaced/superseded by this Specific Plan. The SPAPIP’s recommendations served as a foundation for the Specific Plan's public realm framework, informing its policies, programs and design standards (see Attachment 1, Exhibit F).
West Berkeley Plan (WBP). Adopted in 1993 and amended in 2011, the WBP serves as the guiding document for land use, economic development, and urban design within West Berkeley. The Specific Plan would supersede portions of the WBP where the two plans overlap. Staff assessed the WBP and found that nearly all of its implementation measures have been completed (Attachment 4).
The evaluation also reaffirmed that the WBP is primarily implemented through the City’s Zoning Ordinance, which includes provisions related to protected
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industrial uses, protected non-industrial uses, replacement space requirements and the siting of specific sensitive uses within a mixed-use manufacturing areas.
The City Council and Planning Commission expressed support for retiring the WBP as part of adoption of the Specific Plan (see Attachment 2, Exhibit D).
BACKGROUND
Land uses along San Pablo Avenue have been shifting away from the historically regional-serving, auto-oriented land use pattern of primarily commercial and light industrial businesses, towards higher density residential and local-serving commercial uses. This transition is beginning to transform the Specific Plan Area into a more vibrant, mixed-use district.
There are three main drivers to creating the Specific Plan: 1) a 2015 City Council referral to develop a plan to guide development on San Pablo Avenue; 2) a 2021 grant awarded by MTC and the Association of Bay Area Governments (ABAG), which designated San Pablo Avenue as a Priority Development Area; 6 and 3) The 2023–2031 Housing Element Update (Program 27), which seeks to develop a San Pablo Avenue Specific Plan to increase development capacity, study design standards, public improvements, and mechanisms to incentivize affordable housing.7 As part of the Specific Plan development process, the project team produced an assessment of existing conditions, a Policy Options and Development Framework, a Public Review Draft Plan, and memorandums providing analysis and policy options regarding maximum building height, a voluntary commercial in-lieu fee, and a local density bonus program.
Community Outreach
The Specific Plan development process began in June 2023. In the past three years, the project team has conducted outreach as shown in Table 2. Staff conducted two community open houses and a community workshop to collect community feedback on the Specific Plan, as well as hosting a walking tour of the Specific Plan Area. Two community surveys were conducted, and the Planning Commission received four status updates and overviews over the course of the project, which provided an opportunity to receive additional feedback from Commissioners and the public. The City Council provided input on the Public Review Draft Specific Plan during a worksession in November 2025. Finally, staff provided a memorandum to the Transportation and Infrastructure Commission at its April 2026 meeting, describing transportation-related changes made to the Specific Plan in response to community feedback on the Public Review draft.
6 Priority Development Areas (PDAs) | Metropolitan Transportation Commission. (https://mtc.ca.gov/planning/land-use/priority-development-areas-pdas) 7 City of Berkeley Housing Element Update 2023-2031.
(https://berkeleyca.gov/sites/default/files/documents/Berkeley_2023-2031%20Housing%20Element_02- 17-2023v2_0.pdf)
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Table 2. Outreach Process
October 21, 2023 Harvest Festival Pop-Up Event
November 1, 2023 Planning Commission Information Item
November 2023 Targeted Survey Results
January 24, 2024 Community Open House #1
April 4, 2024 Planning Commission Status Update and
Overview #1
September 26, 2024 Community Workshop
October 2024 Community Survey Results
November 16, 2024 Walking Tour
December 4, 2024 Planning Commission Status Update and
Overview #2
October 29, 2025 Community Open House #2
November 5, 2025 Planning Commission Planning
Commission Status Update and Overview
#3
November 6, 2025 City Council Worksession
March 18, 2026 Planning Commission Planning
Commission Status Update and Overview
#4
April 16, 2026 Transportation Infrastructure Commission Information Item
June 3, 2026 Planning Commission Recommendation
Planning Commission Recommendation – June 3, 2026
Pursuant to BMC 22.04.020 (Master Plan Amendment Procedures) and 23.412 (Zoning Ordinance Amendments), the Planning Commission held a duly noticed public hearing on June 3, 2026 to review and make a recommendation to the City Council on the proposed Specific Plan, Design Standards Document, Draft Ordinance, General Plan and University Avenue Strategic Plan text and map amendments, and retirement of the West Berkeley Plan and San Pablo Avenue Public Improvements Plan.
At that meeting, the Planning Commission voted (5-2-0-1; Moved by Merker, second by Hauser, Ayes: Hauser, Twu, Marthinsen, Owens, Merker; Noes: Oatfield, Kahn; Abstain: None; Absent: Wang) to recommend adoption of the proposed Specific Plan, Design Standards Document, Draft Ordinance, General Plan and University Avenue Strategic Plan text and map amendments, and retirement of the West Berkeley Plan and San Pablo Avenue Public Improvements Plan. The Planning Commission’s motion included the following changes to staff’s original recommendation:
Removal of the minimum residential density standard (see Alternative Actions Considered, below);
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Establishment of a 16 foot minimum sidewalk width standard; and Within Designated Nodes, allowing prohibited uses on the ground floor as long as they are fronted by non-prohibited uses that front the sidewalk and are at least 50 feet in lot depth.
Berkeley Fire Department
Consistent with the Local Hazard Mitigation Plan, staff consulted with the Fire Department on the Planning Commission recommendation. The Fire Department shared the following, which have been added to the San Pablo Specific Plan:
The Specific Plan should acknowledge that increased population, density, and building height change the community’s risk profile, and initiate future review of Fire Department deployment, staffing, facilities, equipment, and the Standards of Coverage and Community Risk Assessment. The Specific Plan should include similar triggers for the preparation of an updated San Pablo Fire/EMS Deployment Impact Analysis.
In any effort to effect street closures or plaza conversions, the Fire Department should be a principal and early partner in location selection and design, not just a final-stage approver.
Additional development increases demand for Fire Life Safety Plans Examiners and Fire Prevention Inspectors, for review of proposed plans new construction, and on-going routine fire inspections. The Specific Plan should include development, permit, and/or occupancy triggers for consideration of staffing and funding adjustments to meet increased service demand.
Transit signal priority provisions should explicitly require emergency-vehicle signal preemption or prioritization, with emergency requests taking precedence over transit priority. The Fire Department should participate in the design, testing, and performance monitoring of these systems.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Housing Element Update EIR
Development projections for this project and all reasonably foreseeable growth resulting from development contemplated by the City’s updated Housing Element were analyzed in the Environmental Impact Report (EIR) for the 2023-2031 Housing Element Update (“Housing Element Update EIR”), which was certified by the City Council on January 18, 2023.8
8 Housing Element Update 2023-2031 Final EIR.
https://berkeleyca.gov/sites/default/files/documents/ATT%202%20FEIR_RTC.pdf
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Issues relating to environmental impacts on public services, particularly as they relate to fire protection services, emergency access, and wildfire issues, were analyzed in the Housing Element Update EIR for all reasonably foreseeable growth resulting from development contemplated by the City’s updated Housing Element. The specific impact analyses are found in the following impact sections of the Housing Element Update EIR: (1) Section 4.13 (Public Services and Recreation); (2) Section 4.14 (Transportation); (3) Section 4.17 (Wildfire).
EIR Addendum
The Housing Element Update EIR assumed that approximately 3,682 additional dwelling units would be feasible with implementation of this project. Staff found that the changes to the development standards as currently proposed would allow approximately 8,000 additional dwelling units, an increase in development potential compared to the amount analyzed in the EIR of approximately 4,500 units The proposed Specific Plan would amend the Zoning Code and Zoning Map to increase residential development potential consistent with the Housing Element Update. The Specific Plan does not allow for any additional growth other than that authorized by the 2023-2031 Housing Element, which was analyzed in the Housing Element Update EIR. Therefore, an Addendum to the Housing Element EIR was prepared (Attachment 1, Exhibit A), which demonstrated that the zoning amendments, General Plan and Specific Plan amendments, and retiring of the West Berkeley Plan and San Pablo Avenue Public Improvements Plan would have no new or substantially more severe significant environmental effects than were analyzed for the growth contemplated by the 2023-2031 Housing Element. (See CEQA Guidelines Section 15164.) The impact analyses in the Addendum that correspond to the impact discussion in the EIR are found in Addendum Sections 5.13 (Public Services and Recreation), impacts on Fire Protection; 5.14 (Transportation), impacts on emergency access; and 5.17 (Wildfire).
The discussion in these Addendum sections reviewed the previous analyses conducted in the Housing Element Update EIR, including previously adopted mitigation measures, and concluded that no new or substantially more severe significant impacts would occur, and no new mitigation measures are required.
RATIONALE FOR RECOMMENDATION
The proposed zoning changes and General Plan text and map amendments associated with adoption of the Specific Plan align with commitments made by the City Council with the adoption of the 2023-2031 Housing Element Update. Staff engaged with various community stakeholders and facilitated multiple meetings involving both the City Council and Planning Commission to discuss and refine the policies and development standards of the Specific Plan. The feedback received during these sessions has been incorporated into the proposed Specific Plan.
ALTERNATIVE ACTIONS CONSIDERED
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Minimum Residential Density
Staff originally recommended a minimum density of 135 dwelling units per acre outside of Designated Nodes and 150 dwelling units per acre within Designated Nodes. The Planning Commission recommended, instead, that the heights and densities be uniform across the entirety of San Pablo Avenue, and suggested a uniform 145 dwelling units per acre standard. The 145 dwelling unit per acre standard was supported by the Planning Commission at its March 18, 2026 meeting as a compromise.
At its June 3, 2026 meeting, the Planning Commission removed the previously recommended Minimum Residential Density standard of 145 dwelling units per acre. In part, the Planning Commission felt that a minimum density standard would discourage larger units, as proposed projects would need to include more, smaller units to meet the proposed minimum density standard.
Council could consider adopting staff’s original recommendation of 135 dwelling units per acre, or, if that standard is seen as too high, staff would suggest adopting 100 dwelling units per acre. Such a standard would meet ABAG/MTC’s minimum density requirements for eligibility for the Transit-Oriented Communities (TOC) program9, while encouraging an urban character that complements the 70 dwelling unit per acre maximum density found in the residential districts in proximity to the Specific Plan Area.
Maximum Height Standard
At the March 18, 2026 Planning Commission meeting, staff presented the Planning Commission with three options for the Maximum Height Standard within the C-SP zoning district. The options distinguished among the types of projects (residential-only, commercial-only, and mixed-use) and whether a project would be located within or outside of a Designated Node.
Option 1 removed all variations among project types and locations and presented a uniform seven story maximum height for any project anywhere in the C-SP zoning district.
Option 2 varied the maximum heights outside of Designated Nodes (3 stories for commercial-only, 4 stories for residential-only, and 7 stories for mixed-used projects), but had a single 8 story maximum height standard for any project within a Designated Node.
Option 3 varied maximum heights outside of Designated Nodes to encourage residential projects (3 stories for commercial-only, with 7 stories for residential- 9 https://mtc.ca.gov/funding/funding-opportunities/grantee-resources-transit-oriented-communities-priority- development-areas
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only and mixed-use projects), but kept the single 8 story maximum height standard for all projects within a Designated Node, as in Option 2.
As noted above, the Planning Commission did not select any of the three options and instead recommended an increase in the maximum height standard to 7 stories for residential and mixed-use projects anywhere in the C-SP zoning district. The Planning Commission did not recommend changing the existing 3-story height limit for commercial-only projects.
Commercial In-Lieu Fee
The Public Review Draft Plan recommended establishing a voluntary commercial in-lieu fee program. This program would offer a developer the option of paying a fee in-lieu of constructing the required ground-floor commercial space in mixed-use buildings outside of Designated Nodes. This would allow a developer to take advantage of the more generous development standards available to mixed-use buildings in the Draft Plan.
Funds derived from the fee would be used to support small business activity in the corridor.
As noted above, the Planning Commission’s recommendation removed any distinctions in development standards between mixed-use and residential-only projects, and it removed distinctions in development standards inside and outside of Designated Nodes. As such, there would be no need for an in-lieu fee option to gain access to different development standards. If the City Council were to consider reintroducing such distinctions, an in-lieu fee may serve as an option to support economic development activity.
Local Density Bonus Program
The Public Review Draft Plan recommended establishing a local alternative to the State Density Bonus. Under the proposed Local Density Bonus Program (Local Program), developers would be permitted to increase densities similarly to the State Density Bonus Program, or could pay a fee to the City’s Affordable Housing Fund. As a condition of using the Local Density Bonus Program, a developer would commit to complying with Objective Design Standards included in the Design Standards Document, which could otherwise be waived if a developer were to instead choose to utilize the State Density Bonus.
The proposed Plan includes an implementation step to prepare a pilot program for a Local Density Bonus Program. Unlike the program included in the Public Review Draft, the pilot program would reflect the approach included in the City Council’s April 14, 2026 referral.10
10 April 14, 2026 City Council Referral – Establish a Citywide Local Density Bonus Program to Facilitate Lower-Cost Ownership Homes (Condominiums).
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Prohibited Uses within Designated Nodes
The Public Review Draft recommended prohibiting certain uses on the ground floor within Designated Nodes (Attachment 2, Section 9). Two of the prohibited uses were multi-unit residential and live-work. Similar to existing provisions within the Telegraph Avenue Commercial (C-T) zoning district, the Planning Commission wanted residential uses to be permitted on the ground floor as long as they were located behind a permitted commercial use. To effect this change, the Planning Commission’s motion included permitting prohibited uses on the ground floor as long as they were located behind a permitted commercial use of at least 50 feet in depth.
While permitting multi-unit residential and live work uses on the ground floor, the Planning Commission’s motion, by including all prohibited uses, included other uses that may not be consistent with the intent of the Designated Nodes or the promotion of more residential units. For example, the list of prohibited uses includes manufacturing, recycled materials processes, parking lots and non-vehicle repair uses.
CONTACT PERSON
Justin Horner, Principal Planner, Planning and Development, 510-981-7476.
Attachments:
1. Resolution
Exhibit A: Addendum to the 2023-2031 Housing Element Update EIR Exhibit B: San Pablo Avenue Specific Plan
Exhibit C: San Pablo Avenue Specific Plan Design Standards Document Exhibit D: University Avenue Strategic Plan Amendments
Exhibit E: West Berkeley Plan Amendments
Exhibit F: San Pablo Avenue Public Improvements Plan Amendments Exhibit G: General Plan Amendments
2. Ordinance – Zoning Ordinance Text and Map Amendments
3. June 3, 2026 Planning Commission Staff Report
4. West Berkeley Plan Implementation Measures Assessment Table
5. Public Hearing Notice
(https://berkeleyca.gov/sites/default/files/2026-04/2026-04- 14%20Item%2013%20Referral%20to%20Establish%20a%20Citywide%20Local%20Density%20Bonus% 20Program.pdf)
RESOLUTION NO. ##,###-N.S.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY BERKELEY ADOPTING PROPOSED AMENDMENTS TO TITLE 23 OF THE BERKELEY MUNICIPAL CODE
AND THE ZONING MAP, TO CREATE THE SAN PABLO COMMERCIAL ZONING
DISTRICT AND ADOPT THE SAN PABLO AVENUE SPECIFIC PLAN AND DESIGN
STANDARDS DOCUMENT, AS WELL AS CONFORMING AMENDMENTS TO THE
UNIVERSITY AVENUE STRATEGIC PLAN, THE WEST BERKELEY PLAN, THE
SAN PABLO AVENUE PUBLIC IMPROVEMENTS PLAN, AND THE GENERAL PLAN
LAND USE ELEMENT AVENUE COMMERCIAL LAND USE DESIGNATION AND
LAND USE DIAGRAM, TO REDESIGNATE CERTAIN PARCELS WITHIN THE PROJECT AREA TO BE CONSISTENT WITH ASSOCIATED TEXT AMENDMENTS.
WHEREAS, the City of Berkeley (“City”), in accordance with the provisions of California Government Code Section 65300 et seq., is required to adopt a General Plan for its long-range development, and further to periodically update that plan to reflect current conditions; and
WHEREAS, the City adopted the West Berkeley Plan in 1993, and adopted amendments to that plan in 1999 and 2011; and
WHEREAS, the City adopted the University Avenue Strategic Plan in 1996; and WHEREAS, the City adopted the San Pablo Avenue Public Improvements Plan in 2003; and
WHEREAS, the amendments do not change the designation of any parcel to reduce the intensity of use allowed under the existing General Plan or zoning pursuant to Gov. Code section 66300(b)(1); and
WHEREAS, the adopted Housing Element Update (HEU) includes “Program 27 – Priority Development Areas (PDAs), Commercial and Transit Corridors” to develop a San Pablo Avenue Specific Plan to increase allowed densities and/or development capacity, and study design standards, public improvements, and mechanisms to incentivize affordable housing by December 2025; and
WHEREAS, on July 14, 2015, the City Council forwarded a referral to the Planning Commission to develop a Plan to guide development on San Pablo Avenue; and
WHEREAS, on July 13, 2021, the City Council adopted Resolution No. 69,953- N.S. accepting a $750,000 Priority Development Area (PDA) planning grant from the Metropolitan Transportation Commission (MTC) to develop the San Pablo Avenue Specific Plan; and
WHEREAS, the City held community engagement workshops on the following dates: January 24, 2024, September 26, 2024, and October 29, 2025; and WHEREAS, the Planning Commission held discussions on the San Pablo Specific Plan on the following dates: April 3, 2024, December 4, 2024, November 5, 2025, and March 18, 2026; and
WHEREAS, on March 4, 2025, letters were sent to tribes with traditional lands or places located within the geographical areas affected by the proposed changes, to provide opportunity for tribal consultation, pursuant to Government Code Section 65352.3(a)(2). No requests for consultation were received; and WHEREAS, on June 3, 2026, the Planning Commission held a duly noticed public hearing and considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request; and WHEREAS, at that hearing, pursuant to California Government Code Section 65354, the Planning Commission made the following findings to support its recommendation for the General Plan, University Avenue Strategic Plan, West Berkeley Plan, and San Pablo Avenue Public Improvement Plan text and map amendments included as Exhibits of this resolution:
(1) The proposed amendment is in the public interest. The proposed General Plan, University Avenue Strategic Plan, West Berkeley Plan, and San Pablo Avenue Public Improvement Plan amendments serve the public interest by facilitating additional housing capacity and production in a transit-rich area of the City, to better meet housing demand, increase business activity to support a thriving community, enhance interaction between public and private spaces, and improve local and citywide access to and from the Plan Area.
(2) The proposed amendment is consistent and compatible with the General Plan. The proposed General Plan, University Avenue Strategic Plan, West Berkeley Plan, and San Pablo Avenue Public Improvement Plan amendments support a pedestrian-friendly, visually attractive area of pedestrian scale and serve neighborhood needs by providing ground floor commercial standards and permitting a range of commercial uses that are compatible with residential uses, consistent with General Plan Policy LU-
27. Further, the amendments ensure internal consistency among General Plan elements. The potential effects of the proposed amendment have been evaluated and have been determined not to be detrimental to the public health, safety, or welfare. The General Plan amendments would not be detrimental to the public health, safety and welfare of the City because they would facilitate development that would be completed in compliance with current building and fire codes and regulations; and would be subject to the City’s standard conditions of approval regarding noise and air quality, waste diversion, toxics and stormwater requirements, as well as applicable mitigation measures included in the Housing Element Update EIR; and
WHEREAS, on May 15, 2026, a public hearing notice was provided to tribes with traditional lands or places located within the geographical areas affected by the proposed changes, pursuant to Government Code Section 65352.3(a)(2), for the public hearing held on June 3, 2026; and
WHEREAS, a public hearing notice was published in the Berkeley Voice and posted in three public places pursuant to California Government Code Section 65090 on May 15, 2026 and May 22, 2026 for the public hearing held on June 3, 2026; and WHEREAS, all documents constituting the record of this proceeding are and shall be retained by the City of Berkeley Planning and Development Department, Land Use Planning Division, at 1947 Center Street, Berkeley, California; and WHEREAS, in connection with the amendments, an Addendum to the certified Final Environmental Impact Review (EIR) pursuant to Section 15164 of the CEQA Guidelines has been prepared that describes the changes the proposed Project would have to the HEU, and compares the impacts of those changes to the impacts of the HEU identified in the EIR; and
WHEREAS, the Addendum to the certified Final EIR determined that potential impacts associated with the proposed Project are consistent with potential impacts disclosed and analyzed in the EIR. That is, the proposed Project would not result in any new significant environmental effects or a substantial increase in the severity of significant effects previously identified in the EIR. Further, no new information of substantial importance exists which would require major revisions of the HEU EIR.
Therefore, none of the conditions outlined in CEQA Guidelines Section 15162(a)(1-2) requiring preparation for a subsequent EIR have been met. Further, none of the conditions outlined in CEQA Guidelines Section 15162(a)(3)(A-D) requiring preparation of a subsequent EIR have been met; and
WHEREAS, based on the analysis contained in the Addendum, no further evaluation of environmental impacts is required for the proposed Project, no subsequent EIR is required pursuant to CEQA Guidelines Section 15162, and the Addendum is the appropriate level of environmental analysis and documentation for the proposed Project pursuant to CEQA Guidelines Section 15164, and therefore the Mitigation Monitoring and Reporting Program in the Final EIR sufficiently addresses impacts from the proposed Project; and
WHEREAS, the Addendum demonstrates that the proposed Project was analyzed as HEU Program 27 in the 2023 EIR and the Addendum further demonstrates that the Project proposes to modify HEU Program 27 but these modifications do not result in the need to prepare a subsequent or supplemental EIR. Consequently, pursuant to CEQA Guidelines Section 15168(c)(2), no further environmental review is required; and
WHEREAS, public hearing notice was published in the Berkeley Voice, posted at each street frontage adjacent to properties proposed for rezoning, and mailed to all property owners, tenants, and residents within properties proposed to be rezoned
pursuant to California Government Code Section 65090 and BMC Section 23.404.040 for the City Council hearing on September 29, 2026.
NOW, THEREFORE, IT BE RESOLVED that the City Council of the City of Berkeley: 1) Adopt findings in support of a separately proposed Zoning Ordinance amendment to establish a San Pablo Commercial (C-SP) zoning district; 2) Amend the General Plan and Land Use Diagram to incorporate the C-SP zoning district into the existing Avenue Commercial (AC) land use designation and redesignate certain parcels within the project area to be consistent with the C-SP zoning district; 3) Amend the University Avenue Strategic Plan to conform to the C-SP zoning district text and map amendments; 4) Retire the West Berkeley Plan; and 5) Retire the San Pablo Avenue Public Improvement Plan.
Pursuant to Berkeley Municipal Code Section 23.412.060, the City Council makes the following findings to support its recommendation for the zoning ordinance amendments:
(1) The proposed amendments are consistent with the General Plan and any applicable specific plan or area plan. The Zoning Ordinance amendments are consistent and compatible with the General Plan, as the proposed San Pablo Commercial (C-SP) district will support a pedestrian-friendly, visually attractive area of pedestrian scale and serve neighborhood needs by providing ground-floor commercial standards and permitting a range of commercial uses that are compatible with residential uses, consistent with General Plan Policy LU-27.
(2) The proposed amendments are consistent with state law. The Zoning Ordinance amendments are consistent with state law because they do not reduce the intensity of use allowed under the existing General Plan or zoning pursuant to Gov. Code section 66300(b)(1). Further, staff prepared an Addendum to the HEU EIR in accordance with CEQA Guidelines to evaluate the potential environmental effects of adoption and implementation of the proposed zoning and General Plan and West Berkeley Plan amendments.
(3) The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare. The Zoning Ordinance amendments serve the public interest by facilitating implementation of the San Pablo Specific Plan. The Plan goals include increased diversity and supply of housing, increased business activity to support a thriving community, enhanced interaction between public and private spaces, and enhanced local and citywide access. The Zoning Ordinance amendments will not result in the immediate approval of any specific development project. Any future development project will continue to be subject to the City’s development and environmental review procedures. (4) The proposed amendments are internally consistent with other applicable provisions of the Zoning Ordinance. The Zoning Ordinance amendments to create the C-SP district and retire the West Berkeley Plan include non- substantive revisions to the Zoning Ordinance to ensure internal consistency.
(5) The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the Zoning Ordinance and General Plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large. The affected sites are physically suitable for the proposed Zoning Map Amendments to create the C-SP district, as the changes implement General Plan policies related to commercial land use designations.
Exhibits:
A. Addendum to the Housing Element Environmental Impact Report B. San Pablo Avenue Specific Plan
C. San Pablo Avenue Specific Plan Design Standards Document D. University Avenue Specific Plan Amendments
E. West Berkeley Plan Amendments
F. San Pablo Avenue Public Improvements Plan Amendments G. General Plan Amendments
San Pablo Avenue Specific Plan
CEQA Review Document
2023-2031 Housing Element Update Final EIR Addendum
(SCH #2022010331)
City of Berkeley
September 1, 2026
Attachment 1, Exhibit A
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CEQA REVIEW DOCUMENT/ADDENDUM I. TABLE OF CONTENTS
i
TABLE OF CONTENTS
I. INTRODUCTION .................................................................................................................. 1 II. 2023-2031 HOUSING ELEMENT UPDATE (HEU) PROJECT OVERVIEW ............................... 3 III. 2023-2031 HOUSING ELEMENT UPDATE EIR ...................................................................... 4 IV. PROJECT DESCRIPTION ...................................................................................................... 6 A. Project Location .......................................................................................................... 6 B. Existing Conditions ..................................................................................................... 6 C. Proposed Project ........................................................................................................ 7 D. Proposed Project Buildout Assumptions ................................................................... 12 V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU ..................... 15 A. Aesthetics ................................................................................................................. 16 B. Air Quality ................................................................................................................. 18 C. Biological Resources ................................................................................................. 25 D. Cultural Resources .................................................................................................... 28 E. Energy ...................................................................................................................... 35 F. Geology and Soils ..................................................................................................... 37 G. Greenhouse Gas Emissions ....................................................................................... 41 H. Hazard and Hazardous Materials .............................................................................. 45 I. Hydrology and Water Quality ................................................................................... 52 J. Land Use and Planning ............................................................................................. 56 K. Noise ........................................................................................................................ 61 L. Population and Housing ............................................................................................ 70 M. Public Service and Recreation ................................................................................... 72 N. Transportation .......................................................................................................... 76 O. Tribal Cultural Resources .......................................................................................... 79 P. Utilities and Service Systems .................................................................................... 81 Q. Wildfire ..................................................................................................................... 84 R. Cumulative Impacts .................................................................................................. 86 S. Conclusion ................................................................................................................ 89
APPENDICES
APPENDIX A COMPARISON MATRIX OF HOUSING ELEMENT UPDATE AND SPECIFIC PLAN
IMPACTS, MITIGATION MEASURES, AND RESIDUAL IMPACTS
APPENDIX B GREENHOUSE GAS EMISSIONS ANALYSIS
APPENDIX C STATE DENSITY BONUS ANALYSIS
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ii
List of Tables
Table 1 2023 HEU EIR Projected Buildout ......................................................................... 3 Table 2 Existing and Proposed Development Standards ................................................... 7 Table 3 Maximum Buildout Assumptions Under the Proposed Project ........................... 12 Table 4 Environmental Analysis Assumptions ................................................................. 15 Table 5 Historic Landmarks ............................................................................................. 30 Table 6 Increased Natural Gas and Buildout Scenarios GHG Emissions ........................... 43 Table 7 Project Consistency with Plan Bay Area 2050 ..................................................... 57 Table 8 Project Consistency with Relevant General Plan Goals and Policies .................... 58
List of Figures
Figure 1 Project Location and Existing Zoning ................................................................. 10 Figure 2 Proposed Zoning ................................................................................................ 11 Figure 3 Transit Priority Areas in Berkeley ......................................................................... 17
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CEQA REVIEW DOCUMENT/ADDENDUM I. INTRODUCTION
1 I. INTRODUCTION
This document is an Addendum to the 2023-2031 Housing Element Update Environmental Impact Report (State Clearinghouse #2022010331) (“2023 HEU EIR”), which was prepared for the City of Berkeley’s 2023-2031 Housing Element Update (“HEU”). The agency subsequently prepared an addendum to this certified EIR: (1) the Southside Zoning Implementation Project Addendum (August 2023). On January 18, 2023 the Berkely City Council certified the HEU EIR, adopted the Mitigation Monitoring and Reporting Program, and approved the HEU. The Southside Zoning Implementation Project Addendum to the 2023 HEU EIR was considered by the City in November 2023.
This Addendum demonstrates that the proposed San Pablo Avenue Specific Plan (hereinafter referred to as “the Specific Plan project” or “the Specific Plan”) was analyzed as HEU Program 27 in the 2023 EIR. It describes the changes in the HEU and other associated implementation actions that constitute the CEQA project and compares the impacts of those changes to the impacts of the HEU identified in the 2023 HEU EIR. Specific Plan Adoption will also require the City to approve General Plan text and map amendments for the San Pablo Avenue Specific Plan Area (the “Specific Plan Area”); Municipal Code and Zoning Map amendments; the adoption of the San Pablo Avenue Design Standards (SPADS); and the retirement of the West Berkeley Plan (WBP) and the San Pablo Avenue Public Improvements Plan (SPAPIP). These approvals are collectively included in the “Specific Plan project” and considered throughout this analysis. The analysis in this Addendum concludes that the proposed project does not require preparation of a subsequent EIR because none of the conditions outlined in Section 15162 have been met. Therefore, pursuant to State CEQA Guidelines Section 15168, no further environmental review is required.
Pursuant to State CEQA Guidelines section 15150, an addendum “may incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public.” Accordingly, the environmental analysis and mitigation measures identified in the 2023 HEU EIR are incorporated by reference into this CEQA Review Document/Addendum.
Where the analysis in this Addendum relies on HEU EIR, the findings relied upon are briefly summarized and cross-referenced.
The Final 2023 HEU EIR is available for review via the following:
▪ Digital copy can be accessed at the following link: https://berkeleyca.gov/construction- development/land-use-development/general-plan-and-area-plans/housing-element-update. ▪ Paper copy is available for in person review during the hours of 8:30 AM to 4:00 PM, Mon – Thursday at: City of Berkeley, Land Use Planning Division, 1947 Center Street, Second Floor, Berkeley, California 94704
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2 This addendum demonstrates that the San Pablo Avenue Specific Plan and associated actions and approvals (“the project”) would not result in new or more significant impacts than those analyzed in the 2023 HEU EIR. The Plan will increase the projected HEU buildout considered in the 2023 HEU EIR from approximately 19,098 units to 23,598 units, an increase of approximately 4,500 units. This CEQA Review Document demonstrates that no subsequent or supplemental EIR is necessary; rather, it finds that the 2023 HEU EIR adequately analyzes the project and that therefore an Addendum is sufficient with respect to CEQA compliance.
Pursuant to Section 15164 of the CEQA Guidelines,1 a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 – requiring a subsequent EIR – have occurred. Under Section 15162 (a), a subsequent EIR is only required if substantial evidence demonstrates one or more new significant impacts not discussed in the previous EIR or a substantial increase in the severity of previously identified significant impacts due to substantial changes are proposed in the project, substantial changes occur with respect to the circumstances under which the project is undertaken, or new information of substantial importance require major revisions.
Regarding preparation of an addendum to an EIR, Section 15164 of the CEQA Guidelines states that:
▪ The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred (Section 15164(a)). ▪ An addendum need not be circulated for public review but can be included in or attached to the final EIR (Section 15164(c)).
▪ The decision-making body shall consider the addendum with the Final EIR prior to making a decision on the project (Section 15164(d)).
▪ A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence (Section 15164(e)).
Further, Section 15168(c)(2) of the CEQA Guidelines states that with respect to later activities in a program that were analyzed in a programmatic EIR, if an agency finds that no subsequent EIR is required pursuant to Section 15162 then it may approve the project without a new environmental document.
1 California Code of Regulations, Title 14, § 15000 et seq. (CEQA Guidelines).
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CEQA REVIEW DOCUMENT/ADDENDUM II. 2023-2031 HOUSING ELEMENT UPDATE (HEU) PROJECT OVERVIEW 3 II. 2023-2031 HOUSING ELEMENT UPDATE (HEU) PROJECT OVERVIEW The 2023-2031 Housing Element Update (HEU) project amended the City’s General Plan by replacing the 5th Cycle Housing Element with the 2023-2031 6th Cycle Housing Element and amended other portions of the City’s General Plan as needed for consistency and HEU implementation. The City’s Regional Housing Needs Allocation (RHNA) for the 2023-2031 planning period was 8,934 units, distributed among four income categories (very low, low, moderate, and above moderate). To meet the RHNA, the City assessed the capacity to provide sites to meet the RHNA in three categories: Likely Sites, Pipeline Sites, and Opportunity Sites.
The Likely Sites, Pipeline Sites and Opportunity Sites together constituted the 2023 HEU EIR Sites Inventory of 15,153 units.2 Out of the 15,153 units, a total of 3,429 units are within the San Pablo Avenue PDA Specific Plan Area. Additional HEU implementation programs and zoning policies, including the Middle Housing Rezoning and Southside Zoning Modification Project, as well as additional anticipated units at the Ashby and North Berkeley BART stations resulting in an additional 3,945 housing units for a total of 19,098 units anticipated as a result of the HEU (see Table 1 for a summary).
TABLE 1 2023 HEU EIR PROJECTED BUILDOUT
Source Total Units
2023 HEU EIR Sites Inventory
Outside of Specific Plan Area 11,724
Within San Pablo Avenue PDA Specific Plan Area 3,429
Total EIR Sites Inventory 15,153
Implementation Programs
Middle Housing Rezoning, Southside Zoning Modification, Ashby and North Berkeley BART 3,945 OVERALL 2023 HEU EIR GROWTH ASSUMPTION 19,098
Source: City of Berkeley 2023.
Specifically, Program 27 provides that the City “will be developing a San Pablo Avenue Corridor PDA Specific Plan, which will increase allowed densities and/or development capacity, and study design standards, public improvements, and mechanisms to incentivize affordable housing. The Housing Element sites inventory identifies 64 sites completely or partially within the San Pablo Avenue PDA, accounting for a total of 3,429 anticipated units (665 very low income, 599 low income, 353 moderate income, and 1,812 above moderate income units).”
2 Likely Sites included 4,685 units with an estimated 800 ADUs; Pipeline Sites included 2,415 units; and Opportunity Sites included 8,053 units.
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CEQA REVIEW DOCUMENT/ADDENDUM III. 2023-2031 HOUSING ELEMENT UPDATE EIR 4 III. 2023-2031 HOUSING ELEMENT UPDATE EIR
The 2023 HEU EIR evaluated potential environmental consequences associated with the HEU for each environmental issue area identified in the CEQA Guidelines, Appendix G checklist. The 2023 HEU EIR found the following impacts to be less than significant without mitigation: aesthetics, biological resources, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, population and housing, public services and recreation, transportation, and utilities and service systems.
The 2023 HEU EIR found that the following impacts would have less-than-significant impacts with implementation of mitigation measures identified in the EIR:
▪ Air Quality (LTS with Mitigation)
▪ Cultural Resources (CUL-3, CUL-4) (LTS with Mitigation) ▪ Geology and Soils (GEO-1) (LTS with Mitigation)
▪ Tribal Cultural Resources (TCR-1) (LTS with Mitigation) Mitigation Measure AQ-1 (Construction Emissions Reduction Measures), Mitigation Measure AQ-2 (Construction Health Risk Assessment), and Mitigation Measure AQ-3 (TAC Exposure Reduction Building Measures) would reduce air quality impacts to less than significant levels.
No mitigation measures beyond the identified standard conditions of approval are necessary to reduce Archaeological Resources (CUL-3) and Human Remains (CUL-4) to less than significant levels.
Mitigation Measure GEO-1 (Protection of Paleontological Resources) would reduce geology and soils impacts to less than significant levels.
Mitigation Measure TCR-1 (Tribal Cultural Monitoring) would reduce tribal cultural resources impacts to less than significant levels.
The 2023 HEU EIR found that the HEU would have significant and unavoidable impacts related to:
▪ Cultural Resources (CUL-1 and CUL-2) (SU)
▪ Noise (SU)
▪ Wildfire (SU)
Mitigation Measure CUL-1 (Historic Context Statement, Cultural Resources Survey and Designations) and Mitigation Measure CUL-2 (Historic Resources Discretionary Review) would reduce cultural resources impacts to the maximum extent feasible. However, even with implementation of mitigation measures, existing historical resources and historical resources eligible for listing could still be materially impaired by future development that would be carried
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5 out under the HEU. Therefore, cultural resources impacts would remain significant and unavoidable.
The 2023 HEU EIR also found that the HEU would have significant and unavoidable impacts related to noise. Although future development facilitated by the HEU would be required to comply with the City’s Standard Conditions of Approval, which would reduce construction noise impacts to the extent feasible, larger developments involving lengthier construction durations with the use of larger, heavy-duty equipment could still exceed the City’s standards for stationary equipment in both multi-family residential and commercial zones. Furthermore, construction noise levels could exceed the City’s standards at multiple sites where the HEU would facilitate development in Berkeley. Therefore, construction noise impacts would remain significant and unavoidable.
The 2023 HEU EIR also found that the HEU would have significant and unavoidable impacts related to wildfire. Adherence to City regulations and procedures and implementation of Mitigation Measure W-1 (Undergrounding of Power Drops in the VHFHSZs) would reduce the risk of fire during construction, but not to a less-than-significant level. That is because, for some development projects, even with implementation of wildfire prevention measures, impacts may result from the potential for unusual site-specific or road conditions, project characteristics, and the general ongoing fire risk in Berkeley Hills. Therefore, wildfire impacts would remain significant and unavoidable.
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CEQA REVIEW DOCUMENT/ADDENDUM IV. PROJECT DESCRIPTION
6 IV. PROJECT DESCRIPTION
A. Project Location
The project site/Specific Plan area encompasses the 2.35-mile corridor along San Pablo Avenue, from the Berkeley/Oakland border in the south, to the Berkeley/Albany border in the north and totals approximately 11.7 acres, as shown in Figure 1. The Specific Plan Area includes parcels fronting on and adjacent to San Pablo Avenue. Additionally, it covers parcels along University Avenue between Ninth Street and Curtis Street and about 100 feet along some side streets. It also covers some parcels fronting on other side streets and some parcels on the west side of San Pablo Avenue that front onto Tenth Street.
B. Existing Conditions
The Specific Plan Area has a mix of existing land uses with a significant amount of single and multi-family residential that vary significantly in density and scale. Other uses include a range of light industrial; commercial including retail, vehicle repair, offices and food and alcohol service; personal and household services; retail financial services; and public and quasi-public uses (e.g. community centers, privately-owned publicly accessible open space [POPOS]). Similar uses extend into Albany to the north and Oakland to the south including personal and professional services, food and alcohol services, multi-family residential, auto-related commercial uses.
As shown in Figure 1, the existing zoning district for properties fronting on San Pablo Avenue is predominantly West Berkeley Commercial (C-W). The portion of University Avenue within the Specific Plan Area includes both C-W and University Avenue Commercial (C-U). Other zoning districts in proximity to the study area include: Mixed Use-Light Industrial (MU-LI), Mixed Use- Residential (MU-R), Restricted Two-Family Residential (R-2), Restricted Multiple-Family Residential (R-2A), and Multi-Family Residential (R-4). Figure 1 also shows the 64 HEU opportunity sites located within the Specific Plan Area.
The 1993 West Berkeley Plan and the City’s zoning also delineate Commercial Designated Nodes at the following major intersections along San Pablo Avenue: Gilman Street, Cedar Street, University Avenue, Dwight Way, and Ashby Avenue, as shown in Figure 1. The purpose of the nodes is to intensify retail, commercial, and mixed-use activity to support a commercial and pedestrian-oriented environment by requiring new development to include certain ground-floor commercial uses.
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7 C. Proposed Project
The San Pablo Avenue Corridor was identified as a priority development area in Program 27 of the City’s HEU to address housing scarcity, promote fair housing, and overcome barriers to development. The Specific Plan Area has strong access to transit, schools, and jobs, but has produced less housing than other areas of the City. The proposed Specific Plan/project would encourage development of housing and diverse commercial uses in the Specific Plan Area by lowering the permit thresholds for some uses, expanding the allowable uses, reducing minimum setbacks and allowing greater height, residential density and Floor Area Ratio (FAR).
Additionally, the proposed project would include policies and standards that encourage and allow mixed uses and live/work strategies. The proposed project would include adoption of the Specific Plan, adoption of the San Pablo Avenue Design Standards (SPADS), amendments to the Zoning Ordinance and Zoning Map, amendments to the General Plan text and map, and retirement of the West Berkeley Plan (WBP) and the San Pablo Avenue Public Improvements Plan (SPAPIP).
The proposed project would require amendments to the Zoning Ordinance and Zoning Map to create a new zoning district – Commercial San Pablo (C-SP). Table 2 below summarizes the proposed development standard changes associated with the proposed zoning, where highlighted cells identify the changes.
TABLE 2 EXISTING AND PROPOSED DEVELOPMENT STANDARDS
Zone / Category FAR Maximum Height Maximum Stories
Existing C-W
Single-Use 3.0 40’ 3
Mixed-Use 3.0 50’ 4
Proposed C-SP
Non-Residential Only 3.0 40’ 3
Residential-Only 4.25 75’ 7
Mixed-Use 4.25 75’ 7
Source: City of Berkeley Municipal Code and San Pablo Avenue Specific Plan, 2026.
To ensure consistency with the City’s Zoning Ordinance, the following rezoning actions would be included with adoption of the Specific Plan:
▪ Rezone existing C-W parcels within the Specific Plan Area to C-SP. ▪ Rezone existing C-U parcels within the Specific Plan Area to C-SP. ▪ Rezone 12 parcels to eliminate existing split-zoned properties. These changes are limited to parcels fronting on either San Pablo Avenue or University Avenue, and will result in the
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8 subject parcel being zoned C-SP. In cases where the split-zoned portion of a parcel fronts on a side-street, the split zone would be maintained.
▪ Establish C-SP nodes and remove the C-W designated nodes and the C-U node that are located within the Specific Plan Area.
The proposed zoning district changes are shown in Figure 1 and Figure 2. Parcels in the Specific Plan Area zoned MU-LI, R-1, R-2, or R-3 would retain their existing zoning designation. While they fall within the PDA boundary that received the Planning Grant for the creation of this Plan, they are not subject to any of the above rezoning actions.
Additionally, the Specific Plan includes policies to improve the public realm along San Pablo Avenue. Implementation of these policies would be beneficial for the pedestrian and cyclist experience and circulation of the Specific Plan Area is discussed further in the Hazard and Hazardous Materials and Transportation sections and is not anticipated to result in any significant adverse impacts.
The proposed project would require General Plan amendments including text changes to land use designations, text for overlapping Area Plans, such as the University Avenue Specific Plan, and map amendments to reflect the zoning change by re-designating parcels zoned as C-SP as Avenue Commercial (AC).
The proposed project also includes the retirement of the West Berkeley Plan (WBP) and the San Pablo Avenue Public Improvements Plan (SPAPIP). The WBP was adopted in 1993 and was “intended to guide the development of West Berkeley at least until the year 2005.” The WBP includes goals and policies related to land use, environmental quality and transportation. The overwhelming majority of the WBP’s implementation steps have been completed, including all of the WBP’s recommended changes to the Zoning Ordinance. Important WBP goals including the preservation of industrial uses and blue-collar jobs, replacement requirements for certain important uses and policies regarding the colocation of industrial and artisan uses with residential and other sensitive uses are all enshrined in the Zoning Ordinance and its Manufacturing zoning district regulations. Retirement of the WBP would therefore not result in any policy change, as the WBP’s goals and programs are either existing BMC requirements, BMC requirements that were adopted and have since been changed, or were considered and not adopted subsequent to the adoption of WBP. The underlying General Plan and Zoning Ordinance already control development within the WBP Area. Therefore, the repeal does not change development capacity nor remove any existing General Plan policy related to industrial uses within what is now the WBP Area. Retiring the SPAPIP would also not result in additional impacts because the action is administrative clean-up and the standards in the Plan are being moved into the Specific Plan, removing a redundant plan. The Specific Plan, SPADS, Zoning Ordinance text and map amendments, and General Plan text and map amendments would be implemented together to
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9 increase development capacity within the Specific Plan Area. Accordingly, the proposed project comprises all of these actions (as well as repeal of the WBP), and this addendum analyzes the potential impacts associated with the increased development capacity resulting from their combined implementation.
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10 FIGURE 1 PROJECT LOCATION AND EXISTING ZONING
Source: City of Berkeley, 2023 and Community Design + Architecture, 2025.
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11 FIGURE 2 PROPOSED ZONING
Source: City of Berkeley, 2023 and Community Design + Architecture, 2025.
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12 D. Proposed Project Buildout Assumptions
As discussed in section II. 2023-2031 Housing Element Update (HEU) Project Overview, the 2023 HEU EIR analyzed a buildout of 3,429 units for the Likely, Pipeline, and Opportunity sites within the San Pablo PDA Plan Area. During the early stages of the Specific Plan development and boundary assessment, the PDA boundary was refined, and select parcels located along University Avenue in the University Avenue Commercial (C-U) and West Berkeley Commercial (C-W) zoning districts , and parcels located in Residential (R) and Mixed Use Light Industrial (MU-LI) zoning districts were included or excluded based on split zoning, near-term development, ownership, or other boundary inconsistencies. As a result, the Specific Plan Area is slightly larger, including 15 additional opportunity sites, compared to the San Pablo Avenue PDA and, therefore, the proposed project is anticipated to include 3,682 units from Likely, Pipeline, and Opportunity sites identified in HEU.
The maximum buildout scenario that may
occur with the proposed project is shown
below in Table 3 and provides the basis for
this analysis. As shown in Table 3, the
project could result in up to 8,000 new
units in the Specific Plan Area. This new
unit total is based on the following
maximum buildout3:
▪ 1,500 Remaining (unbuilt) HEU Likely
and Pipeline units (i.e., approved
projects and projects under review), as
of August 2025.
▪ 3,900 HEU Opportunity units that are
assumed to develop based on the
Specific Plan development standards, which allow a greater level of density than assumed in the HEU.
▪ 1,500 New Specific Plan Opportunity units that are assumed to develop based on the development standards.
▪ 1,100 Opportunity units are assumed to develop from the utilization of State Density Bonus Law (SDBL) on every opportunity site in the Specific Plan Area up to 8-stories.
3 Rationale for the buildout assumptions are further explained in Appendix C of the Specific Plan.
TABLE 3 MAXIMUM BUILDOUT ASSUMPTIONS UNDER
THE PROPOSED PROJECT
Units Specific Plan Area
Maximum Buildout (Units) 8,000
Remaining HEU Likely and Pipeline Units 1,500
HEU Opportunity Units 3,900
New Specific Plan Opportunity Units 1,500
SDBL Opportunity Units 1,100
Total 8,000
Assumed HEU Units (3,682)
PROJECTED ADDITIONAL UNITS 4,318
Source: City of Berkeley, 2023, and San Pablo Avenue Specific Plan.
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13 The proposed project therefore has a maximum potential build out of up to an additional 4,318 units within the Specific Plan Area compared to those analyzed in the HEU. For the purposes of this analysis, the number of potential additional units compared to the HEU is 4,500 units, providing a buffer of 182 units or 4 percent.
Future residential projects under the proposed project may be eligible to utilize provisions of the State Density Bonus.4 The State Density Bonus program encourages the development of on-site affordable housing, including up to a 50 percent increase in project densities for most projects, depending on the amount of affordable housing provided. Additional bonuses are possible up to 100 percent density bonus if additional affordable housing is provided. The State Density Bonus program also includes a package of incentives intended to help make the development of affordable and senior housing economically feasible. These include waivers and concessions, such as reduced setbacks, increased height or modified open space and other requirements. Whether an individual project will utilize the State Density Bonus, or which aspects of State Density Bonus law an individual project would utilize, is difficult to predict. However, based on recent trends, multi-family residential projects in higher density residential and commercial zoning districts are most likely to utilize the State Density Bonus if it allows them to maximize mid-rise construction types (6-8 stories in height; see Appendix C State Density Bonus Analysis). This is partly due to the requirements of Berkeley’s inclusionary housing ordinance, which would qualify a project for the bonus if they build the required affordable housing on-site. Using the bonus to build high-rise construction, generally 9 stories or above, would be unlikely due to the higher per square foot construction costs for high-rise buildings, although projects may utilize the bonus to obtain concessions and waivers that improve project feasibility. Accordingly, the development assumptions used for this analysis assume that all opportunity sites in the Specific Plan area would develop 8-story buildings.
In addition, based on projections of development potential in the Specific Plan Area, it is estimated that the proposed project would reduce the maximum potential buildout of commercial area by up to 319,600 square feet, from 1,202,400 square feet to 1,171,000 square feet.5
The 2023 HEU EIR was a program EIR that analyzed the impacts of the City’s HEU, including HEU Program 27, which called upon the City to “create multi-unit objective development standards, which would include standards to increase development potential, including but not limited to, increasing building height, coverage, floor area ratio, and reducing setbacks and building separation, and allowing for more flexibility in the calculation and configuration of open space, particularly along transit corridors.” The proposed project is designed to implement Program 27.
4 Cal. Gov’t Code §§ 65915–65918.
5 Rationale for the buildout assumptions are further explained in Appendix C of the Specific Plan.
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14 However, as implemented, the proposed project would increase the number of residential units to be developed beyond what was analyzed in the 2023 HEU EIR. As a result, pursuant to CEQA Guidelines 15168, the City must determine whether these changes to Program 27 require the preparation of a subsequent EIR. Guidelines § 15168(c)(2). Pursuant to CEQA Guidelines Section 15164, a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR have occurred.
The impact analysis that follows in this Addendum concludes, based on substantial evidence, that the proposed project would not result in new or substantially more severe significant environmental impacts beyond those identified in the 2023 HEU EIR due to substantial changes in the previously approved project, substantial changes in the circumstances under which the project is undertaken, or new information of substantial importance. Therefore, none of the conditions described in CEQA Guidelines Section 15162 that would call for preparation of a subsequent EIR have been met. Accordingly, this Addendum is the appropriate level of environmental documentation to prepare for the proposed project under CEQA. The City will consider this Addendum, along with the 2023 HEU EIR, prior to making a decision on the proposed project.
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 15 V. ENVIRONMENTAL IMPACTS OF THE
PROPOSED CHANGES TO THE HEU
As summarized above, the proposed project involves the adoption of the Specific Plan, adoption of the San Pablo Avenue Design Standards (SPADS), amendments to the Zoning Ordinance and Zoning Map, associated General Plan text and map amendments, and would allow for a higher level of residential development than was evaluated in the 2023 HEU EIR, as shown below in Table 4.
TABLE 4 ENVIRONMENTAL ANALYSIS ASSUMPTIONS
Topic Assumption
Additional Units (Over HEU Assumption) Up to 4,500 units (24% increase) Population Increase Up to 11,250 new residents (2.5 persons/unit)a Commercial Space Up to 1,171,000 square feet (26% reduction) Max Building Height 75 feet
Max FAR 4.25
Zoning Changes Rezoning C-W, and parcels included in MU-R, R-3, and R-2 to C-SP; potential Housing Overlay on MU-LI parcels
a Consistent with 2023 HEU EIR household size assumption of 2.5 persons per multi-family household.
Source: City of Berkeley Municipal Code and San Pablo Avenue Specific Plan Draft, 2026.
Consistent with CEQA Guidelines sections 15162 and 15164, this section evaluates whether implementation of the Specific Plan and its associated maximum buildout scenario would result in new or substantially greater significant impacts or require new mitigation measures, or includes new information and/or changes in baseline conditions that could not have been known at the time the prior EIR was certified, and therefore trigger a need for a new or subsequent EIR.
Appendix G of the CEQA Guidelines provides a checklist of environmental topic areas suggested for assessment in CEQA analyses. This CEQA Addendum evaluates most of these issue areas, which are listed below:
▪ Aesthetics ▪ Land Use and Planning
▪ Air Quality ▪ Noise
▪ Biological Resources ▪ Population and Housing
▪ Cultural Resources ▪ Public Services
▪ Energy ▪ Recreation
▪ Geology and Soils ▪ Transportation
▪ Greenhouse Gas Emissions ▪ Tribal Cultural Resources
▪ Hazards and Hazardous Materials ▪ Utilities and Service Systems ▪ Hydrology and Water Quality ▪ Wildfire
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 16 No impacts associated with agriculture and forestry resources or mineral resources were found to occur, and these issues were not analyzed further in the 2023 HEU EIR. The proposed project would be located within the study area analyzed in the 2023 HEU EIR, which includes the entire City of Berkeley, and for the same reasons as stated in the 2023 HEU, these issues are not addressed further in this Addendum. The remaining environmental issue areas included in Appendix G of the CEQA Guidelines were analyzed in the 2023 HEU EIR and are analyzed in this CEQA addendum.
Potential environmental impacts of the proposed project are analyzed in this Addendum to determine if they are consistent with the impact analysis in the 2023 HEU EIR, and whether additional mitigation measures are required to minimize or avoid further potential impacts.
Where the following analysis identifies impacts, mitigation measures identified in the 2023 HEU EIR and adopted and incorporated into the HEU, as well as existing applicable policies and regulations, are discussed, as relevant, with respect to mitigating potentially significant impacts of the proposed project that are different from (new) or substantially more severe than those identified in the 2023 HEU EIR.
A. Aesthetics
1. Impacts Identified in the 2023 HEU EIR
As discussed in Section 4.1, Aesthetics, of 2023 HEU EIR, the HEU would not have a substantial adverse effect on a scenic vista since most new buildings would be of a similar height as existing development and views that would be affected are already fully or intermittently impeded by mature trees and buildings. Development under the proposed project would be subject to the City’s general development standards (Berkeley Municipal Code [BMC] Chapter 23.304) as well as objective development standards to ensure that buildings are compatible with neighboring land uses and architectural design and scale. Development under the proposed project could replace facilities such as parking lots with buildings that may reduce nighttime sources of light, and new light sources would likely be adjacent and similar to nearby light sources. Development would also be required to comply with BMC Sections 23.304.100 and 23.304.130 which require exterior lighting to be shielded to avoid light spillover onto adjacent residential properties. Furthermore, the closest State Scenic Highway to the city is I-580 in Oakland approximately 1.6 miles from the city limits, and the closest eligible State Scenic Highway is SR 13 located approximately 0.5 miles from the city limits. The proposed project would not have a substantial adverse effect on a scenic vista, conflict with applicable local regulations governing scenic quality, create a new source of substantial light and glare, or substantially damage scenic resources within a scenic highway.
Therefore, aesthetics impacts would be less than significant.
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Senate Bill 7436 passed in 2013, made changes to CEQA for projects located in transit-oriented development areas. Among these changes are that a project’s aesthetics impacts are no longer considered significant impacts on the environment if the project is a residential, mixed-use residential, or employment center project and if the project is located on an infill site within a transit priority area (TPA). Pursuant to Section 21099 of the California Public Resources Code, a “transit priority area” is defined as an area within 0.5-mile of an existing or planned major transit stop. A "major transit stop" is defined in Section 21064.3 of the California Public Resources Code as a rail transit or bus rapid station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
The entire Specific Plan Area is within a TPA, as shown on the Metropolitan Transportation Commission’s (MTC) Transit Priority Areas maps7 and Figure 3; and therefore impacts would be less than significant by definition.
FIGURE 3 TRANSIT PRIORITY AREAS IN BERKELEY
City of Berkeley TPAs and VMT per Resident.
Source: City of Berkeley and MTC.
6 California Public Resources Code section 21099.
7 Metropolitan Transportation Commission (MTC). 2021. Transit Priority Area map viewer. https://www.arcgis.com/home/item.html?id=370de9dc4d65402d992a769bf6ac8ef5
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 18 Multiple bus routes such as the Alameda-Contra Costa Transit District (AC Transit) bus routes 72, 72L, 72M, 72R, and 802 are located along the San Pablo Avenue Corridor. Additionally, the Specific Plan Area is located within 0.5-mile of the Ashby BART station at its southern end and within 0.5 mile of the North Berkeley BART station at its northern end. Therefore, because the proposed project would facilitate residential and mixed uses within a TPA, aesthetics impacts are not considered significant impacts on the environment pursuant to SB 743.
The proposed project would not have any new or substantially more severe significant effects related to aesthetics than were identified in the 2023 HEU EIR, and no new mitigation measures are required.
3. Conclusion
The proposed project would have less than significant impacts with respect to aesthetics, similar to the 2023 HEU EIR findings. Furthermore, aesthetics impacts within TPAs, where the entire Specific Plan Area is located, are not considered significant effects on the environment, pursuant to SB 743. No substantial changes have occurred that require major revisions to the 2023 HEU EIR. There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to aesthetics than were identified in the 2023 HEU EIR. None of the conditions listed in CEQA Guidelines Section 15162 that would indicate that the project is not consistent with the HEU and its impacts as studied in the 2023 HEU EIR have been met.
B. Air Quality
1. Impacts Identified in the 2023 HEU EIR
As discussed in Section 4.2, Air Quality, of the 2023 HEU EIR, analysis of the HEU relied on the 2017 Bay Area Air Quality Management District (BAAQMD) CEQA Guidelines. Construction- related air quality impacts were found to be less than significant with implementation of Berkeley’s Standard Conditions of Approval (COA) related to diesel particulate matter controls during construction, as well as Mitigation Measure AQ-1, which was adopted and incorporated into the HEU and requires adherence to BAAQMD’s Basic Construction Mitigation Measures to reduce fugitive dust impacts. Operational air quality impacts were also found to be less than significant because the VMT associated with HEU buildout would increase by approximately 38 percent, which would not exceed the rate of increase from the forecast population of approximately 43 percent. As discussed in Section 4.2 of the 2023 HEU EIR, because the HEU’s VMT increase would not conflict with the BAAQMD’s CEQA Guidelines operational plan-level significance thresholds for criteria air pollutants, and the HEU would be consistent with control measures within the BAAQMD 2017 Clean Air Plan, impacts related to conflicting or obstructing implementation of an applicable air quality plan would be less than significant.
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 19 According to the California Office of Environmental Health Hazard Assessment (OEHHA), construction of individual projects lasting longer than two months or located within 1,000 feet of sensitive receptors could potentially expose nearby sensitive receptors to substantial pollutant concentrations and therefore could result in potentially significant health risk impacts.8 Future construction that could result from implementation of the HEU could exceed BAAQMD’s thresholds for increased cancer risk of greater than 10.0 in a million and an increased non-cancer risk of greater than 1.0 Hazard Index (Chronic or Acute), and result in potentially significant impacts related to construction toxic air contaminant (TAC) emissions. However, with implementation of Mitigation Measure AQ-2, which was adopted and incorporated into the HEU, construction-related TAC impacts were found to be less than significant. The 2023 HEU EIR determined that operation of land uses facilitated by buildout of the HEU would not include sources of TACs such as freeways and high-volume roadways, truck distribution centers, ports, rail yards, refineries, chrome plating facilities, dry cleaners using perchloroethylene, and gasoline dispensing facilities, and also would not include new stationary sources onsite such as emergency diesel generators.9 Therefore, the 2023 HEU EIR found less than significant impacts related to operational TACs.
In 2005, CARB issued recommendations to avoid siting new residences within 500 feet of a freeway, urban roads with 100,000 vehicles/day, or rural roads with 50,000 vehicles/day or close to known stationary TAC sources.10 BAAQMD’s average daily traffic (ADT) threshold is lower, at 10,000 vehicles per day; therefore, this analysis conservatively uses BAAQMD’s ADT threshold.
Development consistent with the HEU could place sensitive receptors living in housing within approximately 500 to 1,000 feet of Interstate 580 (I-580) and Interstate 80 (I-80). There is also the potential for development to occur within 500 feet of roadways that have existing traffic volumes of 10,000 vehicles per day or more such as University Avenue, Adeline Street, Telegraph Avenue, Claremont Avenue, and Gilman Street.11 Therefore, development of those housing sites could create a potentially significant impact by exposing future sensitive receptors to substantial pollutant concentrations. However, implementation of Mitigation Measure AQ-3, which was adopted and incorporated into the HEU, would be required and would reduce impacts to a less than significant level.
8 Office of Environmental Health Hazard Assessment (OEHHA). 2015. Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments. https://oehha.ca.gov/air/crnr/notice-adoption-air-toxics-hot-spots-program-guidance-manual- preparation-health-risk-0
9 Bay Area Air Quality Management District (the Air District). 2023. California Environmental Quality Act Air Quality Guidelines. https://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa-guidelines-2022/ceqa-guidelines-chapter-0-cover-page- pdf.pdf?la=en
10 California Air Resources Board (CARB). 2005. Air Quality and Land Use Handbook: A Community Health Perspective. April 2005. 11 California Department of Transportation (Caltrans). 2023. Traffic Volumes. https://dot.ca.gov/programs/traffic-operations/census
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 20 The 2023 HEU EIR found that the HEU would not generate objectionable odors affecting a substantial number of people during operation since it would not include uses such as wastewater treatment plants, landfills or transfer stations, refineries, composting facilities, confined animal facilities, food manufacturing, smelting plants, or chemical plants. Impacts related to odors would be less than significant.
2. Impacts of the Proposed Project
The proposed project would increase the potential residential density and the total number of potential units above those studied in the 2023 HEU EIR by up to 4,500 units, and is anticipated to facilitate redevelopment of some commercial-only sites with mixed-use such that amount of commercial space would decrease. Overall, the proposed project would facilitate increased development in areas well-served by alternative transportation thereby reducing the use of personal vehicles and subsequent mobile emissions. Specifically, AC Transit bus routes 72, 72L, 72M, 72R, and 802 are located along San Pablo Avenue. San Pablo Avenue is located within 0.5 mile of the Ashby BART station at its southern end and within 0.5-mile of the North Berkeley BART station at its northern end. The Specific Plan Area also includes bicycle and pedestrian facilities to encourage walking and biking. Similar to the HEU, development facilitated by the proposed project would be consistent with applicable 2017 Clean Air Plan Control Measures, including measures to increase pedestrian and bicycle access, decrease electricity demand, facilitate green building, and support water conservation, as shown in Table 4.2-6 of the HEU FEIR.
The proposed project would also increase the amount of construction activity compared to the HEU since it would potentially facilitate up to 4,500 more units, and would allow for increased building heights and density, which could require deeper foundations and/or increase the likelihood of sub-grade parking, thereby incrementally increasing construction-related air pollutant emissions that would affect local air quality. Similar to the HEU, development facilitated by the proposed project would be required to comply with the City’s Standard COA regarding diesel particulate matter controls during construction, as well as previously adopted Mitigation Measure AQ-1, which requires implementation of Bay Area Air District’s (Air District) Basic Construction Mitigation Measures. This would reduce construction-related emissions to a less than significant level, similar to the 2023 HEU EIR findings.
According to the Air District’s 2022 CEQA Air Quality Guidelines,12 determining compliance with the threshold for criteria air pollutants and precursors requires an assessment of the rate of
12 Bay Area Air Quality Management District (the Air District). 2023. California Environmental Quality Act Air Quality Guidelines. https://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa-guidelines-2022/ceqa-guidelines-chapter-0-cover-page- pdf.pdf?la=en
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 21 increase of plan VMT and population. As discussed in the 2023 HEU EIR, VMT associated with the HEU buildout across the city would increase by approximately 38 percent, which would not exceed the rate of increase from the forecast population of approximately 43 percent. While the 2023 HEU EIR VMT analysis studied the entire city, which included areas in the hills that are more car-dependent and less accessible by bus and bike, the proposed project concentrates growth and residences in proximity to transit, bicycle facilities, jobs and services to reduce single- occupancy vehicle trips and encourage alternative models of travel. Therefore, VMT increases compared to the population growth for the proposed project are anticipated to be less than studied in the 2023 HEU EIR. As a result, impacts concerning criteria pollutants generated from transportation-related emissions would remain less than significant, same as the HEU.
Similar to the HEU, development facilitated by the proposed project could contribute to the Air District’s thresholds being exceeded for cancer risk of greater than 10.0 in a million, non-cancer risk of greater than 1.0 Hazard Index (Chronic or Acute), and construction TAC impacts.
Consistent with previously adopted Mitigation Measure AQ-2, individual development projects that would require construction activities occurring within 1,000 feet of sensitive receptors, last longer than two months, and are not using Tier 4 and/or alternative fuel construction equipment would be required to prepare a construction Health Risk Assessment (HRA). Implementation of this mitigation measure would reduce construction TAC impacts to a less than significant level consistent with the 2023 HEU EIR findings.
Operation of development facilitated by the proposed project would not include sources of TACs such as freeways and high-volume roadways, truck distribution centers, ports, rail yards, refineries, chrome plating facilities, dry cleaners using perchloroethylene, and gasoline dispensing facilities, and therefore would not be considered sources of TACs. Residences also do not typically include new stationary sources of TACs onsite, such as emergency diesel generators.
However, if residences did include a new stationary source onsite, it would be subject to the Air District Regulation 2, Rule 2 and require permitting. This process would ensure that the stationary source does not exceed applicable the Air District health risk thresholds. Therefore, similar to the 2023 HEU EIR findings, operational TAC impacts due to the proposed project would be less than significant.
Unlike the HEU, increased development facilitated along San Pablo Avenue would not place sensitive receptors living in housing within approximately 500 to 1,000 feet of Interstate 580 (I- 580), Interstate 80 (I-80), or State Route 13 (SR 13). However, there is potential for development to occur within 500 feet of San Pablo and Solano Avenues, roadways that have a traffic volume of 10,000 vehicles per day or more, which could result in a potentially significant impact.13
13 California Department of Transportation (Caltrans). 2023. Traffic Volumes. https://dot.ca.gov/programs/traffic-operations/census
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 22 Therefore, continued implementation of previously adopted Mitigation Measure AQ-3 would be required for future development located within 500 feet of Solano Avenue or San Pablo Avenue, which would require the incorporation of TAC reduction design features into future projects and reduce impacts to a less than significant level.
The proposed project’s changes to the HEU would include the addition of residential uses and the reduction of commercial uses and, like the HEU, would not include odor-generating uses such as wastewater treatment plants, landfills or transfer stations, refineries, composting facilities, confined animal facilities, food manufacturing, smelting plants, or chemical plants. Therefore, development facilitated by the proposed project would not generate objectionable odors affecting a substantial number of people during operation, and impacts would be less than significant, similar to the 2023 HEU EIR findings.
3. Effects and Mitigation Measures
No new or substantially more severe significant effects would occur to air quality, and no new mitigation measures are required. Berkeley’s Standard COA requiring construction BMPs, as referenced in the 2023 HEU EIR, would remain applicable.
Air Quality – Diesel Particulate Matter Controls During Construction. All off-road construction equipment used for projects with construction lasting more than 2 months shall comply with one of the following measures:
A. The project applicant shall prepare a health risk assessment that demonstrates the project’s on-site emissions of diesel particulate matter during construction will not exceed health risk screening criteria after a screening-level health risk assessment is conducted in accordance with current guidance from BAAQMD and OEHHA. The health risk assessment shall be submitted to the Public Works Department for review and approval prior to the issuance of building permits.
B. All construction equipment shall be equipped with Tier 2 or higher engines and the most effective Verified Diesel Emission Control Strategies (VDECS) available for the engine type (Tier 4 engines automatically meet this requirement) as certified by the California Air Resources Board (CARB). The equipment shall be properly maintained and tuned in accordance with manufacturer specifications.
In addition, a Construction Emissions Minimization Plan (Emissions Plan) shall be prepared that includes the following:
▪ An equipment inventory summarizing the type of off-road equipment required for each phase of construction, including the equipment manufacturer, equipment identification
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 23 number, engine model year, engine certification (tier rating), horsepower, and engine serial number. For all VDECS, the equipment inventory shall also include the technology type, serial number, make, model, manufacturer, CARB verification number level, and installation date. ▪ A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of contract. The Emissions Plan shall be submitted to the Public Works Department for review and approval prior to the issuance of building permits.
Previously adopted 2023 HEU EIR Mitigation Measures AQ-1 through AQ-3, incorporated in the City’s Standard COAs, would remain applicable and would continue to be implemented and monitored.
AQ-1: Construction Emissions Reduction Measures. As part of the City’s development approval process, the City shall require applicants for future development projects within the project sites to comply with the current BAAQMD basic control measures for reducing construction emissions of PM10, outlined below.14
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times a day.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3. 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.
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
5. 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.
6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points.
14 Bay Area Air Quality Management District (the Air District). 2023. Table 8 2, Basic Construction Mitigation Measures Recommended for All Proposed Projects. California Environmental Quality Act Air Quality Guidelines. https://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa-guidelines-2022/ceqa-guidelines-chapter-0-cover-page- pdf.pdf?la=en
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 24 7. All construction equipment shall be maintained and properly tuned in accordance with manufacture’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper conditions prior to operation.
8. 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 number shall also be visible to ensure compliance with applicable regulations.
AQ-2: Construction Health Risk Assessment. For individual projects (excluding ADUs, single- family residences, and duplexes) where construction activities would occur within 1,000 feet of sensitive receptors, would last longer than two months, and would not utilize Tier 4 and/or alternative fuel construction equipment, the project applicant shall prepare a construction health risk assessment (HRA). The HRA shall determine potential risk and compare the risk to the following BAAQMD thresholds:
▪ Non-compliance with Qualified Community Risk Reduction Plan; ▪ Increased cancer risk of > 10.0 in a million;
▪ Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or ▪ Ambient PM2.5 increase of > 0.3 µg/m3 annual average.
If risk exceeds the thresholds, measures such as requiring the use of Tier 4 and/or alternative fuel construction equipment shall be incorporated to reduce the risk to appropriate levels.
AQ-3: TAC Exposure Reduction Building Measures. The following design features shall be incorporated for residential development located within 1,000 feet of I-580/80 or on a lot that fronts on a section of roadway with 10,000 vehicles per day or more in order to reduce exposure of proposed residences to TACs from vehicles and stationary combustion engines (i.e., generators):
1. If the proposed buildings would use operable windows or other sources of infiltration of ambient air, the development shall install a central HVAC system that includes high efficiency particulate filters (HEPA). These types of filters are capable of removing approximately 99.97 percent of the DPM emissions from air introduced into the HVAC system.15 The system may also include a carbon filter to remove other chemical matter.
Filtration systems must operate to maintain positive pressure within the building interior to prevent entrainment of outdoor air indoors.
15 United States Environmental Protection Agency (USEPA). 2022. What is MERV Rating. https://www.epa.gov/indoor-air-quality- iaq/what-merv-rating
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 25 2. If the development limits infiltration through non-operable windows, a suitable ventilation system shall include a ventilation system with filtration specifications equivalent to or better than the following: (1) American Society of Heating, Refrigerating and Air- Conditioning Engineers MERV-13 supply air filters, (2) greater than or equal to one air exchanges per hour of fresh outside filtered air, (3) greater than or equal to four air exchanges per hour recirculation, and (4) less than or equal to 0.25 air exchanges per hour in unfiltered infiltration. These types of filtration methods are capable of removing approximately 90 percent of the DPM emissions from air introduced into the HVAC system.
3. Windows and doors shall be fully weatherproofed with caulking and weather-stripping that is rated to last at least 20 years. Weatherproof should be maintained and replaced by the property owner, as necessary, to ensure functionality for the lifetime of the project.
4. Where appropriate, install passive (drop-in) electrostatic filtering systems, especially those with low air velocities (i.e., 1 mph).
5. Prepare an ongoing maintenance plan for the HVAC and filtration systems, consistent with manufacturers’ recommendations.
6. The applicant shall inform occupants regarding the proper use of any installed air filtration system.
4. Conclusion
The proposed project would have less than significant impacts after mitigation with respect to air quality, similar to the 2023 HEU EIR. No substantial changes have occurred that require major revisions to the 2023 HEU EIR. There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to air quality than were identified in the 2023 HEU EIR. None of the conditions listed in CEQA Guidelines Section 15162 that would indicate that the project is not consistent with the HEU and its impacts as studied in the 2023 HEU EIR have been met.
C. Biological Resources
1. Impacts Identified in the 2023 HEU EIR
As discussed in Section 4.3, Biological Resources, of the 2023 HEU EIR, the HEU did not include development sites on the western boundary of Berkeley, where marine, estuarine, and lacustrine habitats may provide habitats for special-status species and native fish and wildlife and includes mainly sites in the urbanized core of the City. Therefore, the HEU would have less than significant impacts related to riparian habitats and sensitive natural communities, state or federally protected wetlands, and movement of native resident or migratory fish or wildlife species.
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 26 Nonetheless, trees, shrubs, man-made structures, and the ground surface throughout Berkeley provide suitable nesting substrates for birds protected under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC), and construction activities under the HEU could potentially affect nesting birds if carried out during breeding season. However, with compliance with the City’s Standard COA related to avoiding disturbance of nesting birds, impacts were found to be less than significant. As discussed in the 2023 HEU EIR, development facilitated by the HEU would be required to comply with the City’s Tree Ordinance (BMC No. 6,509-N.S.) and the City’s Creek Protection Ordinance (BMC 17.08) and because there are no adopted habitat conservation plans or natural community conservation plans within the city of Berkeley, the HEU would not conflict with provisions of an adopted Habitat Conservation Plan or Natural Community Conservation Plan.
2. Impacts of the Proposed Project
Although the proposed project’s changes to the HEU would facilitate the development of up to 4,500 more units in the Specific Plan Area, compared to the adopted HEU, the proposed project would only increase residential density on underutilized sites in a highly-urbanized area of the city away from open space preserves and non-channelized creeks and would not directly or indirectly impact the habitat of special-status species. New development facilitated under the proposed project would not differ substantially from the existing urban development in the Specific Plan Area with respect to implications for biological resources. Although trees and other vegetation in the Specific Plan Area may support species of nesting migratory birds protected under the CFGC, development facilitated by the proposed project would be required to comply with the City’s Standard COA regarding avoidance of disturbance of nesting birds, which would reduce impacts to a less than significant level, similar to the 2023 HEU EIR findings2023 HEU EIR findings.
The Specific Plan Area does not contain natural communities considered sensitive by the California Department of Fish and Wildlife. There are also no mapped or designated federally protected wetlands in the Specific Plan Area.16 Some underground drainage culverts may intersect the Specific Plan Area; however, these are not federally protected and therefore are not subject to United States Army Corps of Engineers (USACE) jurisdiction. Additionally, pursuant to BMC Chapter 17.08, obstructing or interfering with watercourses is prohibited and construction within 30 feet of a culverted creek must receive a permit from the City Engineer and comply with the provisions in the chapter to ensure the watercourse is protected. Due to the developed nature of the Specific Plan Area, there would not be potential for impacts to protected wetlands.
Additionally, the Specific Plan Area is not within, and does not function as, a significant regional or local wildlife movement corridor, since there are no waterways that could be utilized for
16 U.S. Fish and Wildlife Service (USFWS). 2025. National Wetlands Inventory. https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 27 movement of native residents or migratory fish. Furthermore, there are no habitat conservation plans or natural community conservation plans adopted in the Specific Plan Area, and the proposed project would not conflict with such plans. Therefore, impacts would be less than significant, similar to the 2023 HEU EIR findings.
Similar to the HEU, the proposed project could result in the removal of mature trees during construction. General Plan Policy EM-29 requires the City to maintain and enhance street and park trees to improve the environment and provide habitat. On-going implementation of that policy through site-specific design review and use permits would reduce potential impacts to locally significant trees to a less than significant level. Development facilitated by the proposed project would also be required to adhere to the City of Berkeley’s Tree Ordinance (BMC No. 6,509-N.S.), which prohibits the removal of coast live oak trees unless determined to be necessary for public safety by the City Manager. Therefore, with adherence to the City’s Tree Ordinance and other policies and ordinances for protecting biological resources, impacts would be less than significant, similar to the 2023 HEU EIR findings.
3. Effects and Mitigation Measures
No new or substantially more severe significant effects would occur to biological resources, and no new mitigation measures are required. Berkeley’s Standard COA requiring avoiding disturbance of nesting birds, as referenced in the 2023 HEU EIR, would remain applicable.
BIO-1: 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 Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (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
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 28 surveys are not required for construction activities occurring between August 31 and January 31.
4. Conclusion
The proposed project would have less than significant impacts with respect to biological resources, similar to the 2023 HEU EIR. No substantial changes have occurred that require major revisions to the 2023 HEU EIR. There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to biological resources than were identified in the 2023 HEU EIR. None of the conditions listed in CEQA Guidelines Section 15162 that would indicate that the project is not consistent with the HEU and its impacts as studied in the 2023 HEU EIR have been met.
D. Cultural Resources
1. Impacts Identified in the 2023 HEU EIR
As discussed in Section 4.4, Cultural Resources, of the 2023 HEU EIR, the City has adopted regulations related to cultural resources that would apply to development facilitated by the HEU.
Pursuant to Chapter 3.24 of the BMC, the City’s Landmarks Preservation Commission (LPC) ordinance provides procedures for the local designation of historical resources and includes a provision for a permit review which allows the LPC to review and approve construction, alteration, or demolition of a designated landmark, buildings in designated historic districts, and structures of merit. In addition, pursuant to BMC Section 23.326.070(C), the City requires any application for a use permit or administrative use permit to demolish a non-residential building or structure which is 40 or more years old to be forwarded to the LPC for review before consideration of the permit. Further, the City’s zoning project application has submittal requirements for zoning projects that include the proposed demolition or substantial change to any building 40 or more years old subject to environmental review requiring a historical resource evaluation. For projects subject to discretionary review, potential impacts to historical resources would be addressed by following the existing procedures of the City’s permit review process, and by adherence to the City’s Standard COAs. The BMC requirements and zoning project application submittal requirements are intended to reduce impacts to historical resources by ensuring that proposed changes to buildings do not negatively impact the resource by encouraging the preservation and maintenance of historical materials and ensuring work performed is consistent with the resource’s historical character. Nonetheless, the 2023 HEU EIR determined that there is potential for historic resources that have not yet been subject to evaluation or would not be subject to the City’s permit review or zoning application requirements to be adversely impacted, and Mitigation Measure CUL-1 and Mitigation Measure CUL-2, which were adopted and incorporated into the HEU, would be required to reduce impacts to the maximum extent feasible.
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 29 However, even with implementation of previously-adopted Mitigation Measure CUL-1 and Mitigation Measure CUL-2, existing and eligible historical resources could still be materially impaired by future development that would be facilitated by the HEU because specific actions intended for the reduction of impacts to historical resources could be deemed infeasible. In addition, future projects that are not subject to discretionary review and have not been previously evaluated for the presence of historical resources could result in the demolition of potential historic resources. Therefore, impacts to historical resources were found to be significant and unavoidable.
The 2023 HEU EIR found that ground-disturbance of native soils on properties for the purposes of development facilitated by the HEU could contain previously unknown prehistoric or historic- period resources, and individual development projects facilitated by the HEU that would involve ground disturbance activities would have the potential to damage or destroy archaeological resources, especially if they occur below previously disturbed sediments. However, with adherence to the City’s Standard COA related to archaeological resources, impacts would be less than significant.
The 2023 HEU EIR also determined that ground-disturbing activities associated with development under the HEU could result in damage to or destruction of human burials. However, compliance with the California Health and Safety Code (Section 7050.5, 7051, and 7054), which has specific provisions for the protection of human burial remains; PRC Section 5097.98, which addresses the disposition of Native American burials, protects such remains, and establishes the Native American Heritage Commission (NAHC) to resolve related disputes; and the City’s Standard COA related to human remains; would result in impacts that would be less than significant.
2. Impacts of the Proposed Project
Historical Resources
The Landmarks Preservation Commission, enabled by BMC 3.24, maintains a list of “Berkeley Landmarks,” “Structures of Merit” and “Historic Districts”. The Specific Plan Area does contain buildings with these designations, listed below in Table 5, but does not include areas that are designated historical districts. The 2023 HEU EIR did not include specific physical development projects, but it assumed that development was a reasonably foreseeable outcome that would be facilitated by adoption of the HEU. The proposed project also does not call for specific physical development projects but, similarly, this analysis assumes that implementation of the proposed project’s zoning changes in the Specific Plan Area would facilitate development projects.
Therefore, as was assumed in the 2023 HEU EIR, reasonably foreseeable development facilitated
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 30 by the proposed project could impact historical resources through demolition and construction activities.
TABLE 5 HISTORIC LANDMARKS
Historic Landmark Address
Date of
Construction
Designation
Date Designation Type
Gullen Market
(Henry S. Patton Building) 1523-1531 San Pablo Avenue 1906-1907 1985 City Landmark Weisbrod Building 2001 San Pablo Avenue 1930 1985 Structure of Merit H.J. Heinz Co. Factory 2900 San Pablo Avenue 1927 1986 City Landmark* Ashkenaz Music & Dance
Community Center 1317 San Pablo Avenue 1973 1992 City Landmark Mobilized Women of Berkeley
Building 1007 University Avenue 1949 2009 City Landmark The Borg Building 2136-2154
San Pablo Avenue 1923 2020 City Landmark
* Listed in the California State Historic Places Inventory.
Source: List of Designated City Landmarks, Structures of Merit, and Historic Districts. Updated October 6, 2025.
The City encompasses approximately 6,675 acres and contains 346 city, state, and national landmarks.17 Six of these landmarks, listed in Table 5, are located within the approximately 12- acre Specific Plan Area. While this represents a higher concentration of historical resources than exists citywide and a greater concentration than was analyzed in the 2023 HEU EIR, the proposed project would potentially affect only six landmarks, or approximately 1.7 percent of the city’s total historic landmarks. Additionally, the City currently has procedures in place for projects that would involve the demolition of non-residential buildings 40 or more years old that require use permits or administrative use permits to be forwarded to the LPC for review. The City’s zoning project application requires a historic resources evaluation for zoning projects subject to environmental review that include the proposed demolition or substantial change to a building more than 40 years. For projects subject to discretionary review, potential impacts to historical resources would be addressed by following the existing procedures of the permit review process, and by adherence to the City’s Standard COAs. These regulations are intended to reduce impacts to historical resources by ensuring that proposed changes to buildings do not adversely impact the resource through encouraging the preservation and maintenance of historical materials and ensuring work performed is consistent with the resource’s historical character.
17 City of Berkeley. List of Designated City Landmarks, Structures of Merit, and Historic Districts. Updated October 6, 2025. https://berkeleyca.gov/sites/default/files/documents/COB%20Landmarks%20Updated%20Jan%202023_0.pdf
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 31 However, future development in the Specific Plan Area may be allowed with a Zoning Certificate and would not undergo discretionary review. For these projects, the City would not have the authority to implement review procedures for evaluating buildings 40 or more years old. Further, as mentioned previously, there are designated, known, and potential historic resources in the Specific Plan Area. Although the continued implementation of previously adopted Mitigation Measure CUL-1 and Mitigation Measure CUL-2 would be required in order to reduce impacts to historical resources to the extent feasible, even with implementation of these mitigation measures, existing and eligible historical resources could still be materially impaired by future development that would be facilitated by the proposed project. Material impairment could occur because specific actions intended for the reduction of impacts to historical resources could be determined to be infeasible. Material impairment could also occur because future projects that are not subject to discretionary review on sites with structures that have not been previously evaluated to initiate a landmark or structure-of-merit designation could result in the demolition of potential but unknown historic resources. Although future development would be required to comply with mitigation measures CUL-1 and CUL-2 as adopted in the HEU, similar to the 2023 HEU EIR findings, impacts due to the proposed project’s changes to the HEU would remain significant and unavoidable. Nonetheless, impacts related to historical resources would not be substantially more severe than what was analyzed in the HEU.
Archaeological Resources and Human Remains
Implementation of the proposed project would involve disturbance in the same areas as analyzed in the 2023 HEU EIR, and conditions in the Specific Plan Area have not substantially changed since certification of the 2023 HEU EIR and adoption of the HEU and development under the proposed project would occur on underutilized sites in previously disturbed areas. Nevertheless, ground-disturbing activities such as earthmoving and excavation could still potentially damage and/or destroy unrecorded archaeological resources or human remains in subsurface soils within the Specific Plan Area. Additionally, the proposed project would allow increased building heights and density, which could require deeper foundations and/or increase the likelihood of sub-grade parking, and thereby increase the likelihood of encountering archaeological resources or human remains. However, future development would be subject to federal and State regulations, such as the California Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98, and the California Code of Regulations Section 15064.5(e) (CEQA), which state the mandated procedures of conduct following the discovery of human remains. Future development facilitated by the proposed project would also be required to comply with the City’s Standard COA related to archaeological resources and human remains during demolition, grading, and construction, which would reduce impacts to a less than significant level, similar to the 2023 HEU EIR findings.
Archaeological Resources (Ongoing throughout demolition, grading, and/or construction).
Pursuant to CEQA Guidelines Section 15064.5(f), “provisions for historical or unique
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 32 archaeological resources accidentally discovered during construction” should be instituted.
Therefore:
A. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 50 feet of the resources shall be halted and the project applicant and/or lead agency shall consult with a qualified archaeologist, historian or paleontologist to assess the significance of the find.
B. If any find is determined to be significant, representatives of the project proponent and/or lead agency and the qualified professional would meet to determine the appropriate avoidance measures or other appropriate measure, with the ultimate determination to be made by the City of Berkeley. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a CEQA Review Document prepared by the qualified professional according to current professional standards.
C. In considering any suggested measure proposed by the qualified professional, the project applicant shall determine whether avoidance is necessary or feasible in light of factors such as the uniqueness of the find, project design, costs, and other considerations.
D. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation measures for cultural resources is carried out.
E. If significant materials are recovered, the qualified professional shall prepare a CEQA Review Document on the findings for submittal to the Northwest Information Center.
Human Remains (Ongoing throughout demolition, grading, and/or construction). In the event that human skeletal remains are uncovered 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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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 33 Effects and Mitigation Measures
Historical Resources
No new or substantially more severe significant effects would occur to cultural resources, and no new mitigation measures are required. Previously adopted Mitigation Measure CUL-1 and Mitigation Measure CUL-2 would remain applicable and would continue to be implemented and monitored.
CUL-1: Historic Context Statement, Cultural Resources Survey and Designations. During the period of this Housing Element, the City should conduct a citywide historic context statement and a cultural resource survey to identify historic resources, with priority given to sites in the 2023 HEU EIR Site Inventory, to determine if there are designed built environment features which are over 40 years of age proposed to be altered or demolished. Designation of historic or cultural resources should be conducted by the Landmarks Preservation Commission pursuant to 3.24.260 of the Berkeley Municipal Code.
CUL-2: Historical Resources Discretionary Review. For projects that are subject to discretionary review that occur during the Housing Element period where a historical-age building or structure that has not been previously evaluated is present, a historical resources assessment shall be performed by an architectural historian or historian who meets the Secretary of the Interior Professional Qualification Standards (PQS) in architectural history or history. The qualified architectural historian or historian shall conduct an intensive-level survey in accordance with the California Office of Historic Preservation guidelines to determine if the property qualifies for federal, state, or local historical resources designation.
All age eligible properties shall be evaluated within their historic context and documented in a technical memorandum with Department of Parks and Recreation Series 523 Forms.
Should a property be found to be a qualifying historical resource, the project shall be subject to the City’s regulations for permit review, including by the Preservation Landmarks Commission pursuant to Chapter 3.24.260, and/or by the Zoning Adjustments Board pursuant to Chapter
23.326 of the City of Berkeley Municipal Code. Efforts shall be made to the extent feasible to ensure that impacts are mitigated. Application of mitigation shall generally be overseen by a qualified architectural historian or historic architect meeting the PQS, unless unnecessary in the circumstances (e.g., preservation in place). In conjunction with a development application that may affect the historical resource, the historical resources built environment assessment shall also identify and specify the treatment of character-defining features and construction activities.
Efforts shall be made to the greatest extent feasible to ensure that the relocation, rehabilitation, or alteration of the resource is consistent with the Secretary of the Interior’s Standards for the Treatments of Historic Properties (Standards). In accordance with CEQA, a project that has been
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 34 determined to conform with the Standards generally would not cause a significant adverse direct or indirect impact to historical resources (14 CCR Section 15126.4(b)(1)). Application of the Standards shall be overseen by a qualified architectural historian or historic architect meeting the PQS. In conjunction with any development application that may affect the historical resource, a CEQA Review Document identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City for review and concurrence. As applicable, the CEQA Review Document shall demonstrate how the project complies with the Standards and be submitted to the City for review and approval prior to the issuance of permits.
If significant historical resources are identified on a development site and compliance with the Standards and or avoidance is not possible, appropriate site-specific mitigation measures shall be established and undertaken. These may include documentation of the resource in a manner consistent with the standards of the Historic American Building Survey (HABS). Documentation should include full descriptive and historical narrative, measured drawings, and medium format photographs, all in archivally stable format.
Archaeological Resources and Human Remains
No new or substantially significant effects to archaeological resources or human remains were identified and no new mitigation measures are required. Berkeley’s Standard COAs, as referenced in the 2023 HEU EIR, would remain applicable and continue to be implemented, reducing impacts to archaeological resources and human remains to a less than significant level.
3. Conclusion
Historical Resources
Previously adopted Mitigation Measure CUL-1 and Mitigation Measure CUL-2 would remain applicable to the proposed project. However, even with implementation of these mitigation measures, impacts to cultural resources would remain significant and unavoidable, similar to the adopted HEU. There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to historical resources than were identified in the 2023 HEU EIR. None of the conditions listed in CEQA Guidelines Section 15162 that would indicate that the project is not consistent with the HEU and its impacts as studied in the 2023 HEU EIR have been met.
Archaeological Resources and Human Remains
The proposed project would have less than significant impacts with respect to archaeological resources and human remains, similar to the 2023 HEU EIR. No substantial changes have occurred that require major revisions to the 2023 HEU EIR. There is no new information indicating
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 35 that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to archaeological resources or human remains than were identified in the 2023 HEU EIR. None of the conditions listed in CEQA Guidelines Section 15162 that would indicate that the project is not consistent with the HEU and its impacts as studied in the 2023 HEU EIR have been met.
E. Energy
1. Impacts Identified in the 2023 HEU EIR
As discussed in Section 5.5, Energy, of the 2023 HEU EIR, construction facilitated by the HEU would involve temporary energy use. During construction, contractors would be required to comply with the provisions of California Code of Regulations Title 13 Sections 2449 and 2485, which prohibit diesel-fueled commercial motor vehicles and off-road diesel vehicles from idling for more than 5 minutes and would minimize unnecessary fuel consumption. Construction equipment would be subject to the United States Environmental Protection Agency’s (USEPA) Construction Equipment Fuel Efficiency Standard, which would also minimize inefficient, wasteful, or unnecessary fuel consumption. The HEU would also be required to comply with standards and regulations such as 2019 CALGreen (as codified in CCR Title 24, Part 11), California Energy Code (as codified in CCR Title 24, Part 6), and BMC Chapter 19.37, Berkeley’s Green Code.
Development under the HEU would be required to comply with standards set in California Building Code (CBC) Title 24, which would minimize the wasteful, inefficient, or unnecessary consumption of energy resources during operation. California’s CALGreen standards (California Code of Regulations, Title 24, Part 11) and BMC Chapters 19.36 and 19.37 would require implementation of energy-efficient light fixtures and building materials into the design of new construction projects, limit the use of natural gas infrastructure in new development, and provide for electric-ready infrastructure for natural gas appliances in new buildings. The HEU would facilitate development along transit corridors, near BART stations, and in Priority Development Areas (PDA), which would place residents in proximity to public transit and encourage walking and bicycling. BMC Chapter 19.37 would require at least 20 percent of parking spaces at new multi-family residential developments to be capable of supporting electric vehicle chargers and raceway at the remaining 80 percent of parking spaces to facilitate future electric vehicle supply equipment, which would support the use of electric vehicles by future residents.
In addition, the HEU would be consistent with state renewable energy and energy efficiency plans as well as the City’s General Plan policies related to energy. Impacts of the HEU would be less than significant.
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 36 2. Impacts of the Proposed Project
Although the proposed project would increase potential buildout in the Specific Plan Area compared to what was analyzed in the 2023 HEU EIR by up to 4,500 units, increasing construction activities and energy use during demolition and construction would be temporary. Construction contractors would also be required to comply with the same regulations outlined in the 2023 HEU EIR such as CARB regulations, provisions of California Code of Regulations, Title 13, Sections 2449 and 2485, USEPA Construction Equipment Fuel Efficiency, and 40 Code of Federal Regulations Parts 1039, 1065, and 1068. Future development would also be expected to utilize fuel-efficient equipment consistent with State and federal regulations, as well as divert a minimum of 65 percent of construction and demolition debris and recycle and salvage 100 percent of excavated soil and land-clearing debris, concrete, and of asphalt during construction and demolition activities pursuant to the latest iteration of CALGreen and BMC Chapter 19.37.
Therefore, construction-related energy impacts would be less than significant, similar to the 2023 HEU EIR findings.
Future development would be required to comply with all standards set in the latest iteration of the California Building Standards Code (California Code of Regulations, Title 24) and locally adopted amendments codified in Title 12 and 19 of the BMC, which would minimize the wasteful, inefficient, or unnecessary consumption of energy resources by the built environment during operation. Long-term operation of future development under the proposed project would require permanent grid connections for electricity to power internal and exterior building lighting, and heating and cooling systems. Electricity in Berkeley is supplied by Ava Community Energy (Ava) and all future residential customers would be placed in Ava’s Renewable 100 Plan which utilizes 100 percent renewable and carbon-free energy. The proposed project would also facilitate increased development within a PDA which would encourage the use of alternative modes of transportation such as cycling and walking, thereby reducing fuel consumption and minimizing the potential of the proposed project to result in the wasteful or unnecessary consumption of vehicle fuels. Therefore, given the above-mentioned reasons, the proposed project would also be consistent with State renewable energy and energy efficiency plans, the City’s General Plan, and the City’s CAP.
3. Effects and Mitigation Measures
No new or substantially more severe significant effects related to energy would occur, and no new mitigation measures are required.
4. Conclusion
The proposed project would have less than significant impacts with respect to energy, similar to the 2023 HEU EIR. No substantial changes have occurred that require major revisions to the 2023
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 37 HEU EIR. There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to energy than were identified in the 2023 HEU EIR. None of the conditions listed in CEQA Guidelines Section 15162 that would indicate that the project is not consistent with the HEU and its impacts as studied in the 2023 HEU EIR have been met.
F. Geology and Soils
1. Impacts Identified in the 2023 HEU EIR
As discussed in Section 5.6, Geology and Soils, of the 2023 HEU EIR, the HEU would facilitate development in areas near the Hayward fault, which would increase the population and infrastructure that would be exposed to earthquake-related hazards. However, with compliance with applicable State and local laws such as the Alquist-Priolo Earthquake Fault Zone Act and Title 19, Chapter 28 of the BMC, impacts would be less than significant. The 2023 HEU EIR determined that the HEU would be located in areas with “low” to “moderate” liquefaction potential and low landslide risk, and impacts were found to be less than significant. The 2023 HEU EIR also determined that although unstable soils within Berkeley have the potential to damage infrastructure or introduce hazards to human health and safety, the City requires site-specific geotechnical evaluations for individual development on steep slopes and unstable soils in accordance with the California Building Code (CBC), and development under the HEU would be required to comply with the Policies S-13A and S-14B of the City’s General Plan Disaster Preparedness and Safety Element. Impacts related to unstable soils were found to be less than significant.
The 2023 HEU EIR found that Berkeley’s soils are characterized by having “moderate” or a “high” potential for erosion-related hazards, and construction activities could result in erosion and the loss of topsoil. However, new development under the HEU would be required to comply with the State Water Regional Control Board’s General Permit for Discharges of Stormwater Associated with Construction Activity (Construction General Permit [CGP] Order 2009-0009-DWQ).
Construction activities that disturb one or more acres of land surface are subject to the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2012-0006-DWQ) adopted by the SWRCB. Development would also be required to comply with BMC Chapter 21.40, which requires compliance with the CGP, as well as BMC Section 21.40.270 which requires subdivision projects to comply with grading, erosion and sediment control regulations on file with the Public Works Department. Therefore, impacts related to soil erosion or the loss of topsoil were found to be less than significant.
As discussed in Section 4.6, Geology and Soils, of the 2023 HEU EIR, many of the soil types within Berkeley have “moderate” to “high” potential for shrink-swell behavior, or expansiveness.
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 38 Building on unsuitable soils would have the potential to create future subsidence or collapse issues that could result in the settlement of proposed project infrastructure, and/or the disruption of utility lines and other services. Development facilitated by the HEU would be required to comply with existing State and local regulations, such as the CBC and General Plan Action S-14B, which would require submittal to and review by the City of detailed soils and/or geologic reports prior to construction. Impacts were found to be less than significant.
The 2023 HEU EIR found that construction activities related to the HEU would potentially result in significant impacts to paleontological resources. However, implementation of Mitigation Measure GEO-1, which was adopted and incorporated into the HEU, would reduce impacts to a less than significant level.
The 2023 HEU EIR found no impacts related to requiring septic tanks or alternative wastewater disposal systems.
2. Impacts of the Proposed Project
As with any site in the Bay Area region, development facilitated by the proposed project would be susceptible to strong seismic ground shaking in the event of a major earthquake. The Specific Plan Area is located in a seismically active region and is located proximate to the Hayward Fault, Chabot Fault, and Wildcat Fault, which run east of Specific Plan Area. Although the proposed project would facilitate the development of up to 4,500 more units compared to what was analyzed in the 2023 HEU EIR, the proposed project would not facilitate development on or adjacent to the faults; therefore, fault rupture risks would not be increased by the proposed project. In addition, the proposed project would promote infill development which would replace older buildings subject to seismic damage with newer structures built to current seismic standards that could better withstand the adverse effects of strong ground shaking. Future development would be required to conform to the CBC adopted pursuant to Title 19.28 of the BMC, which includes requirements for foundation and structural design to resist seismic hazards and requirements for geotechnical investigation based on soil conditions and proposed construction methods in specific instances. New projects would be reviewed by the Building and Safety Division during the normal plan review process to confirm that the necessary geotechnical investigations are completed and that the structural design of the project is consistent with design measures recommended in the Geological Report prior to issuance of required building permits. The City would therefore ensure that development occurring in the Specific Plan Area would be designed and constructed consistent with the current City of Berkeley Building Codes and with the findings and recommendations of the site-specific geotechnical reports to effectively minimize or avoid potential hazards associated with redevelopment and/or new building construction. Therefore, similar to the 2023 HEU EIR findings, earthquake-related impacts would be less than significant with adherence to State and local regulations.
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 39 Although the proposed project would increase potential buildout in the Specific Plan Area compared to what was analyzed in the 2023 HEU EIR by up to 4,500 units, as required by the Public Resources Code (PRC) Section 2690-2699.6, Seismic Hazards Mapping Act and CBC requirements as adopted in the BMC, site-specific geotechnical investigations would be required for individual development projects within the portions of the Specific Plan Area susceptible to seismic-related ground failure to identify the degree of potential hazards, design parameters for the project based on the hazard, and describe appropriate design measures to address hazards.
These geotechnical studies customarily include recommendations for foundation design, as well as soil improvement techniques, both of which help mitigate these unstable soils.
Additionally, as discussed in the 2023 HEU EIR, future projects requiring discretionary approval would be reviewed for their compliance with General Plan policies, including Policy S-13A:
Hazards Identification and Policy S-14B: Land Use Regulation of the City’s General Plan Disaster Preparedness and Safety Element. Future development in the Specific Plan Area and located in areas with identified hazards would be required to appropriately address and be designed to withstand associated hazards to the maximum extent feasible. Therefore, impacts related to liquefaction, landslides, and expansive and/or unstable soils would be less than significant with adherence to State and local regulations, similar to the 2023 HEU EIR findings.
Construction activities of future development that disturb one or more acres of land surface are subject to the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2012-0006-DWQ) adopted by the California State Water Resources Control Board (SWRCB).
Compliance with the NPDES permit requires each qualifying development project to file a Notice of Intent with the SWRCB. Permit conditions require the development of a stormwater pollution prevention plan, which must describe the site, the facility, erosion and sediment controls, runoff water quality monitoring, means of waste disposal, implementation of approved local plans, control of construction sediment and erosion control measures, maintenance responsibilities, and non-stormwater management controls. Inspection of construction sites before and after storms is also required to identify stormwater discharge from the construction activity and to identify and implement erosion controls, where necessary. Compliance with the Construction Stormwater Ground Permit (CGP) is reinforced through the BMC Chapter 21.40, which requires applicants to comply with grading, erosion and sedimentation control plan regulations on file with the Public Works Department. Therefore, impacts related to soil erosion would be less than significant with compliance with State and local regulations, similar to the findings of the 2023 HEU EIR.
Additionally, the proposed project would allow increased building heights, which could require deeper foundations and thereby increase the likelihood of encountering paleontological resources. Therefore, previously adopted Mitigation Measure GEO-1 would be required for future
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 40 development facilitated by the proposed project and would ensure the protection of paleontological resources and reduce impacts to a less than significant level.
3. Effects and Mitigation Measures
No new or substantially more severe significant effects would occur to geology and soils, and no new mitigation measures are required. Previously adopted 2023 HEU EIR Mitigation Measure GEO-1,incorporated in the City’s Standard COAs, would remain applicable and would continue to be implemented and monitored.
GEO-1: Protection of Paleontological Resources. If ground disturbance below the level of prior disturbance and into native soils is proposed to occur in areas mapped as Pleistocene alluvial fan and fluvial deposits (Qpaf), Orinda Formation (Tor), or Knoxville Formation (Kjk), then the City shall require the following to be implemented:
Retention of Qualified Professional Paleontologist. Prior to initial ground disturbance, the project applicant shall retain a Qualified Professional Paleontologist, as defined by Society of Vertebrate Paleontology (SVP),18 to determine the project’s potential to significantly impact paleontological resources according to SVP standards.
If underlying formations are found to have a high potential for paleontological resources, the Qualified Professional Paleontologist shall create a Paleontological Mitigation and Monitoring Program, which will be approved by the City and contain the following elements:
Paleontological Worker Environmental Awareness Program (WEAP). Prior to the start of construction, the Qualified Professional Paleontologist or their designee shall conduct a paleontological Worker Environmental Awareness Program (WEAP) training for construction personnel regarding the appearance of fossils and procedures for notifying paleontological staff should fossils be discovered by construction staff.
Paleontological Monitoring. Full-time paleontological monitoring shall be conducted during ground disturbing construction activities (i.e., grading, trenching, foundation work) in sediments assigned a high paleontological sensitivity. Paleontological monitoring shall be conducted by a qualified Paleontological Resources Monitor, as defined by the SVP. The duration and timing of the monitoring will be determined by the Qualified Professional Paleontologist based on the observation of the geologic setting from initial ground disturbance, and subject to the review and approval by the City. If the Qualified Professional
18 Society of Vertebrate Paleontology (SVP). 2010. Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources. Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee. https://vertpaleo.org/wpcontent/uploads/2021/01/SVP_Impact_Mitigation_Guidelines-1.pdf.
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 41 Paleontologist determines that full-time monitoring is no longer warranted, based on the specific geologic conditions once the full depth of excavations has been reached, they may recommend that monitoring be reduced to periodic spot-checking or ceased entirely.
Monitoring shall be reinstated if any new ground disturbances are required, and reduction or suspension shall be reconsidered by the Qualified Professional Paleontologist at that time. In the event of a fossil discovery by the paleontological monitor or construction personnel, all work in the immediate vicinity of the find shall cease. A Qualified Professional Paleontologist 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 Professional Paleontologist shall complete the following conditions to mitigate impacts to significant fossil resources.
Upon completion of ground disturbing activity (and curation of fossils if necessary) the Qualified Professional Paleontologist shall prepare a final CEQA Review Document describing the results of the paleontological monitoring efforts associated with the project. The CEQA Review Document 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 CEQA Review Document shall be submitted to the City. If the monitoring efforts produced fossils, then a copy of the CEQA Review Document shall also be submitted to the designated museum repository.
4. Conclusion
The proposed project would have less than significant impacts with respect to geology and soils, similar to the 2023 HEU EIR. No substantial changes have occurred that require major revisions to the 2023 HEU EIR. There is no new information indicating that the proposed project would have new significant impacts or substantially more severe significant impacts with respect to geology and soils than were identified in the 2023 HEU EIR. None of the conditions listed in CEQA Guidelines Section 15162 that would indicate that the project is not consistent with the HEU and its impacts as studied in the 2023 HEU EIR have been met.
G. Greenhouse Gas Emissions
1. Impacts Identified in the 2023 HEU EIR
As discussed in Section 4.7, Greenhouse Gas Emissions, of the 2023 HEU EIR, full buildout of the HEU would generate 81,985 MT of CO2e per year, equating to an increase of 1.7 MT of CO2e per service population per year. As analyzed in the 2023 HEU EIR, the HEU’s greenhouse gas (GHG) emissions of 1.7 MT of CO2e per service population per year would not exceed the BAAQMD’s interpolated 2031 target of 3.7 MT CO2e per service population at the plan-level (refer below to the “Impacts of the Proposed Project” section for interpolation methodology). Therefore, impacts related to GHG emissions were found to be less than significant.
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 42 The 2023 HEU EIR found that the HEU would be consistent with GHG reduction goals and policies in the 2017 Scoping Plan, Plan Bay Area 2050, the City’s General Plan, and the City’s Climate Action Plan (CAP). Therefore, the 2023 HEU EIR determined that the HEU would have less than significant impacts related to conflicting with an applicable GHG reduction plan.
2. Impacts of the Proposed Project
The City of Berkeley adopted a CAP in 2009 with the goal of reducing communitywide GHG emissions by 80 percent below 2000 levels by 2050. While the CAP is not considered a “qualified greenhouse gas reduction plan” for the purposes of streamlining GHG emissions analysis under CEQA, it is actively used by the City for guiding GHG emission reduction efforts. Since publication of the CAP, the City has revised the CAP to add the following climate commitments/goals in support of achieving the goals of the 2009 Plan:
▪ 100 percent renewable electricity by 2035.
▪ Net-Zero Carbon Emissions by 2045, in alignment with Governor Brown’s Executive Order B 55 18.
▪ Declared a Climate Emergency and resolved to become a Fossil Fuel Free City.
Since the certification of the 2023 HEU EIR and approval of the HEU, the Air District has updated its GHG emissions thresholds of significance. The 2022 Air District thresholds allow two options for plan-level projects to meet the significance thresholds,19 one of which is to meet State’s goals to reduce emissions to 40 percent below 1990 levels by 2030 and carbon neutrality by 2045.
As discussed in the 2023 HEU EIR, the Air District’s plan-level efficiency threshold of 6.6 MT CO2e per service population per year is reduced to 4.0 MT CO2e per service population per year to be 40 percent below the 2030 target of 1990 emissions. To set a significance threshold that would achieve the 2045 target, the 4.0 MT CO2e per service population per year threshold was reduced by 0.27 MT CO2e per year to reach 2045’s goal of zero MT CO2e per population per year. Based on the trajectory to achieve this 2045 target, in the year 2031 this would equate to an interpolated threshold of 3.7 MT CO2e per service population per year threshold.
19 Bay Area Air Quality Management District (the Air District). 2023. California Environmental Quality Act Air Quality Guidelines. https://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa-guidelines-2022/ceqa-guidelines-chapter-0-cover-page- pdf.pdf?la=en
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 43 As discussed in Section 4.7, Greenhouse Gas Emissions, of the 2023 HEU EIR, the analysis assumed that 90 percent of new development would be all-electric pursuant to Chapter 12.80 of the Berkeley Municipal Code. However, this ordinance has since been repealed and is no longer applicable.20 Since adoption of the 2023 HEU EIR, new building electrification data has suggested that 30 to 40 percent of new developments include natural gas connections, resulting in approximately 60 to 70 percent electrification of development facilitated by the Specific Plan.21 Pursuant to CEQA Guidelines Section 16152, Rincon Consultants, Inc., who previously assisted the City in preparing the GHG analysis for the 2023 HEU EIR, prepared updated modeling to reflect the revised assumption for the percentage of building electrification for the full buildout of the HEU, as well as the increased residential buildout from the proposed project. Rincon used the most recent version of the California Emissions Estimator Model (CalEEMod 2022) to model both the revised natural gas usage scenario and the additional proposed project buildout, replicating the 2023 HEU EIR methodology where
applicable. Rincon’s Analysis is included in
Appendix B and the results are further
summarized in Table 6.
Table 6 shows the operational GHG emissions
associated with future development under
HEU, with the revised assumption of 60
percent development electrification, and the
additional buildout from the Specific Plan that
was not analyzed under the 2023 HEU EIR. As
shown therein, annual emissions from the HEU
and the Specific Plan, 22,348 dwelling units
over 2020 conditions, would be 99,794 MT of
CO2e per year. With the associated HEU and
proposed project combined increase in
population of 47,773 this would result in an
increase to 1.8 MT of CO2e per service population per year. This would not exceed the HEU threshold of 3.7 MT CO2e per service population at the plan-level.
Rincon’s analysis used an estimated net increase of 3,250 multi-family units and 8,125 additional residents beyond the 2023 HEU EIR projections. However, the analysis was completed while the proposed project was being developed and before the design standards were finalized. The final design standards increased the potential maximum buildout assumption from 3,250 units, the
20 Chapter 12.80, Prohibition of Natural Gas Infrastructure in New Buildings, was repealed on June 4, 2024 by Ordinance 7907-NS. 21 Robert, Rivera, Senior Planner, 2025. Personal communications with Urban Planning Partners, May 29, 2025.
TABLE 6 INCREASED NATURAL GAS AND
BUILDOUT SCENARIOS GHG EMISSIONS
Annual Emissions (MT of CO2e)
HEU Buildouta 85,759
Additional Proposed Project Buildouta 14,035
Total MT of CO2e 99,794
Population
HEU Population 47,443
Additional Proposed Project Population 8,125
Total 55,568
MT OF CO2E PER SERVICE POPULATION 1.8
a Reflects the revised 60 percent electrification scenario and 2022 CalEEMod.
Source: Rincon Consultants, Inc Analysis (See Appendix B) and City of Berkeley, 2023.
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CEQA REVIEW DOCUMENT/ADDENDUM V. ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGES TO THE HEU 44 assumption used for Rinon’s Analysis, to 4,500 units and from 8,125 additional residents to 11,250 additional residents. The additional 1,250 units may incrementally increase the impact but not to levels that would change the level of significance. The original analysis found that the proposed project would increase the potential MT of CO2e per service population per year from 1.7 to 1.8.
The addition of 1,250 units, would proportionally add an additional .04 MT of CO2e per service population per year. 1.84 MT of CO2e per service population per year would not exceed the HEU threshold of 3.7 MT CO2e per service population per year at the plan-level. Furthermore, the proposed project’s annual emissions represent a conservative estimate since it does not take into account the reduction of up to 319,600 square feet of commercial uses. Commercial land uses typically generate higher levels of energy consumption, area source emissions, and vehicle trips per square foot compared to residential uses. Therefore, r the reduction of potential commercial space would likely offset a portion of the projected emissions associated with the increase of potential residential uses. As a result, the proposed project would not change the level of significance compared to the 2023 HEU EIR.
As discussed in the 2023 HEU EIR, the HEU would be consistent with the 2017 Scoping Plan, which provides a framework towards reaching statewide per capita goals of 6 MT CO2e by 2030 and 2 MT CO2e by 2050; Plan Bay Area 2050, a State-mandated, integrated long-range transportation, land-use, and housing plan with 35 strategies to improve the transportation system, provide affordable housing, and reduce climate emissions; and the City’s General Plan and Climate Action Plan, which includes policies, actions, and measures aimed at reducing GHG emissions. Although the proposed project would facilitate the development of up to 4,500 more units compared to the HEU, all the units would be concentrated in TPAs which would further reduce reliance on personal vehicles and encourage usage of alternative modes of transport.
Specifically, AC Transit bus routes 72, 72L, 72M, 72R, and 802 are located along San Pablo Avenue and San Pablo Avenue is located within 0.5 mile of the Ashby BART station at its southern end and within 0.5 mile of the North Berkeley BART station at its northern end. The Project area also includes bicycle and pedestrian facilities to facilitate walking and biking. Development facilitated by the proposed project would also be required to comply with EV requirements pursuant to BMC Section 19.37.040, which currently requires one parking space per dwelling unit to be equipped with low power Level 2 EV charging receptacles at all new multi-family developments; and for new one- and two-family dwelling units to minimum 40-ampere 208/240-volt dedicated EV branch circuit in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code. Future development would also be subject to BMC Chapter 19.37, which requires diversion of 65 percent diversion of construction/demolition waste, and recycling and salvage of 100 percent of excavated soil and land-clearing debris, 100 percent of concrete, and 100 percent of asphalt during construction and demolition activities. Ava would be the electricity supplier for the proposed project and would enroll residential customers in their Renewable 100 service plan, which provides 100 percent of