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City Council 2026-03-10 - Regular met on 2026-03-10. This summary uses official annotated-agenda action text and pairs each recorded action with its agenda item title rather than loose metadata. The most resident-relevant actions centered on housing, land use, and permitting, city services and council implementation, and contracts, grants, leases, and assessments.
Key Decisions
Adopted second reading of Ordinance No. 8,002-N.S. regarding Amendments to Title 21 (Subdivisions Ordinance) and Title 23 (Zoning Ordinance) to implement Senate Bill (SB) 684.
Adopted Resolution No. 72,151-N.S. regarding Re-Establishment of the Downtown Berkeley Property and Business Improvement District (DPBID).
Adopted Resolution No. 72,155-N.S. regarding The Berkeley Rule: Artificial Intelligence Municipal Framework (Reviewed by the Health, Life Enrichment, Equity & Community Committee).
Adopted Resolution No. 72,157-N.S. regarding Berkeley Free Clinic Critical Renovations: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds.
Adopted first reading of Ordinance No. 8,003-N.S. regarding Amendments to BMC Title 23 (Zoning) to Update the Regulation of Nonconforming Lot Coverage, Floor Area Ratio and Density for Residential Uses in Selected Zoning Districts. Vote: All Ayes.
Adopted first reading of Ordinance No. 8,004-N.S. regarding Amendments to the Berkeley Election Reform Act Regarding the Return of Unspent Public Matching Funds, Reuse of Campaign Materials, Campaign Expenditures and Cost of Living Adjustments. Vote: All Ayes.
Adopted Resolution No. 72,158-N.S. regarding Appeal of Special Assessment Tax Lien and of the Need for Abatement Action at 2750 Cedar Street. Vote: All Ayes. Tuesday, March 10, 2026 ANNOTATED AGENDA Page 12 Council Action Items.
Why It Matters
This summary is based on Berkeley annotated-agenda item blocks, so action and vote language is tied back to the relevant agenda item.
Housing and General Plan actions affect how the city tracks housing obligations, land-use policy, and future development priorities.
These actions may affect city services, public spending, or future council follow-up.
Contracts and agreements shape who carries out city work and the terms under which public services or leadership roles move forward.
Topics Discussed
housing, land use, and permitting - city services and council implementation - contracts, grants, leases, and assessments
What Happens Next
Housing, land-use, and permitting actions continue through city implementation, appeals, or follow-up reviews recorded in the official action text.
Approved contracts, grants, leases, or assessments move forward under the terms recorded in the annotated agenda.
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Reconstructed agenda items • Rebuilt from agenda text because source-provided agenda items were unavailable.
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General Benefit Allowance An allowance is made for general benefits that the district may provide to either the parcels outside the district boundary or to the public at large.
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FISCAL IMPACTS OF RECOMMENDATION: Any PBID services that are found to provide general benefit cannot be paid for with assessment revenue. A certified engineer has estimated that the general benefit from services accounts for $58,351 of the estimated budget, re...
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Page 15 of 78 Page 47
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PBID: Downtown Berkeley PBID October 2025 Management District Plan Page 4 of 31 CPI Increase Assessments will be subject to an annual increase of up to 5% per year to address changes in the cost of providing services. The determination of annual adjustments in...
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For MHIP housing developments that elect to comply Page 9 of 16 Page 25 Ordinance No. 8,002-N.S. Page 10 of 16 via payment of an in-lieu fee pursuant to BMC Section 23.328.030(B), the in-lieu fee shall be due and payable upon issuance of the first Certificate...
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The minimum lot size for each new lot shall be six hundred (600) square feet.
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The subdivision is subject to the Subdivision Map Act and would otherwise require a tentative and final map pursuant to Government Code Section 66426;
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Transit Exemption .
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No parking shall be required if the parcel is located within one-half mile walking distance of either a stop in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b) or a major transit stop, as defined in Public Resources Code S...
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SB 684 MHIPs shall satisfy one of the following: (a) If the parent parcel is identified in the City’s Housing Element for the current planning period, the development shall result in at least the number of dwelling units (and affordable
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units, if applicable) identified for that site; or Page 8 of 16 Page 24 Ordinance No. 8,002-N.S. Page 9 of 16 (b) If the parent parcel is not identified in the City’s Housing Element, the development shall result in at least sixty-six percent of the maximum al...
Made solely for the purpose of opening or widening of a public street or alley.
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For purposes of this Section, the advisory agency under Government Code Section 66415 shall be the City Manager or their designee, in consultation with the City Engineer and the Director of Planning and Development.
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The parent parcel is either: Page 6 of 16 Page 22
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Ordinance No. 8,002-N.S. Page 7 of 16 (a) Zoned to allow Multi-Family residential uses, and is no larger than five(5) acres; or (b) Vacant and zoned for single-family residential development, and is no larger than one and one-half (1.5) acres.
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That section 21.16.10 be amended to read as follows: 21.16.010 General.
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The tentative map shall be prepared by a registered civil engineer or licensed land surveyor and shall be clearly and legibly drawn to show the details of the plan. The size of each sheet shall be eighteen by twenty-six inches. Tentative maps shall be signed b...
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An SB 684 MHIP may create two to ten lots and up to ten dwelling units.
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Pursuant to Streets and Highways Code Section 36600 et seq. and Berkeley Municipal Code Chapter 7.94, the City Council declares its intent to consider the reestablishment of a property and business improvement district to be named the
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ALTERNATIVE ACTIONS CONSIDERED: Downtown Berkeley Property and Business Improvement District for the ten-year period beginning July 1, 2026 and ending June 30, 2036, with operations to occur over the ten calendar year period beginning January 1, 2027 and endin...
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Southside Plan Area Standards.
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(a) For parcels located in the R-3, R-S, R-SMU, or C-T districts within the Southside Plan boundaries, the minimum usable open space required is calculated on a per 1,000 square feet of gross residential floor area basis. (b) Certain development projects locat...
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SB 684 MHIP .
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A subdivision creating up to ten lots and up to ten dwelling units, that meets all of the eligibility criteria of Government Code Section 66499.41 as well as the Page 4 of 16 Page 20 Ordinance No. 8,002-N.S. Page 5 of 16 minimum density in BMC Section 21.30.06...
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Applications shall be processed ministerially, consistent with Government Code Section 66499.41. A decision shall be rendered within sixty (60) days of a complete map application.
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The advisory agency shall approve a parcel map under this Section if it finds, based on substantial evidence in the record, that: (a) The subdivision satisfies all eligibility criteria in Subsection A; and (b) The advisory agency finds
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that none of the conditions set forth in Government Code Section 66474(a) through (g) exist.
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Continuation of current Clean, Safe, Beautification, Marketing & Activation services
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PBID
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No separation is required between units, except as required by the California Building Code.
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That BMC Section 23.206.030(G) be added to read as follows: G.
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Middle Housing Infill Projects . Middle Housing Infill Projects that comply with the eligibility criteria of Government Code Section 66499.41 (SB 684 MHIPs), as defined in BMC Section 21.30.020(A) (Definitions), are permitted in the Mixed-Use Residential (MU-R...
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See 21.30.020(A) (Definitions) 12 Mini-storage. A storage warehouse characterized by individual separate spaces, which are accessible by customers for storing and retrieval of goods.
That section 23.304.020(A)(5) be amended, and 23.204.020(A)(6) be added, to read as follows:
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That BMC Section 23.304.090(A) be amended to read as follows: A.
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Applicability. The standards in this section apply to areas used to satisfy minimum usable open space requirements.
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That BMC Section 23.304.160 be added to read as follows: 23.304.160 – Middle Housing Infill Project Standards A.
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Applicability . This Section applies to all Middle Housing Infill Projects (MHIPs) approved pursuant to BMC Chapter 21, including SB 684 MHIPs and Parcel Map MHIPs. B. Standards . A proposed MHIP housing development shall comply with Page 13 of 16 Page 29 Ordi...
That BMC Section 23.502.020(M)(11) to (18) are amended to read as follows:
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Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr.
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Way. Within 15 days of adoption, copies of Page 15 of 16 Page 31 Ordinance No. 8,002-N.S. Page 16 of 16 this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation. At a reg...
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The parent parcel is located within an urbanized area or urban cluster and meets all locational eligibility requirements in Government Code Section 66499.41(a)(9).
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(a) The parent parcel is not located on prime farmland or farmland of statewide importance, on land zoned or designated by a voter- approved ballot measure for agricultural protection or preservation, in wetlands, or on lands identified for conservation, habit...
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That Chapter 21.24 be amended to read as follows: PARCEL MAPS Section
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Which are necessary solely for the conveyance, transfer, creation or establishment of an easement to or from a governmental agency, public entity, public utility, or subsidiary of a public utility for conveyance to that public utility for
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rights-of-way, pedestrian or vehicular access, sewer, water or public utility connection or service.
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The subdivision qualifies for the tentative map exemption in Government Code Section 66426(a), in that: Page 2 of 16 Page 18
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Ordinance No. 8,002-N.S. Page 3 of 16 (a) The land before division contains less than five (5) acres; (b) Each parcel created by the division will abut upon a maintained public street or highway; and (c) No dedications or off-site improvements are required by...
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Parcel maps under this Section shall be reviewed and acted upon administratively by City staff.
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The advisory agency shall deny a parcel map under this Section if it cannot make the findings in Paragraph 1 of this Subsection.
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Vacant parcels zoned for single-family residential development as specified in Section 21.30.050(A)(1).
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B. Project Types . This Chapter applies to Middle Housing Infill Projects (MHIP), as defined in Section 21.30.020 (Definitions). 21.30.040 – Application and Procedures A. Application . Applications shall be filed on City forms with required fees and shall incl...
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Project plans, including a site plan, floor plans, tabulation of dwelling units, open-space and parking diagrams, and massing elevations, sufficient to demonstrate objective compliance with Titles 21 and 23 at the parent parcel scale.
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A Parcel-Map MHIP may create two to four lots.
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No Parcel Map MHIP shall require the demolition of, or result in the loss of, any Protected Units unless replacement housing is provided consistent with Government Code Section 66300.6 and BMC Chapter 23.326.
The minimum lot size for each new lot shall be six hundred (600) square feet.
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Parcel-Map MHIPs shall meet or exceed the minimum residential density required by the underlying zoning district.
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If the underlying zoning district does not establish a minimum residential density, the project shall meet or exceed 20 dwelling units per acre. F. Floor Area Limits . SB 684 MHIPs are subject to the floor area limits in BMC 23.304.160(D)(3). G. Parking .
Where the transit exemption does not apply, off-street parking shall conform to the requirements of BMC Chapter 23.322, except where superseded by state law.
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Middle Housing Infill Project Standards.
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(a) Middle Housing Infill Projects shall provide a minimum of 150 square feet of usable open space per 1,000 square feet of Gross Residential Floor Area, evaluated at the parent parcel level, which may be in private balconies, patios, or rooftop areas or share...
The Planning Director shall waive or modify any objective standard if its application would physically preclude the construction of the minimum residential density required by the underlying zoning district. If the zoning district does not establish a minimum...
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Rear and side yard setbacks from the original parent parcel lot line shall be four (4) feet, except that: a. no setback is required for an existing legally created structure, or for a structure reconstructed in the same location and to the
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same dimensions as such legally created structure, and b. where the applicable zoning district allows a rear or side yard setback less than four (4) feet, the smaller standard shall apply.
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The proposed boundaries of the District are to be as set forth in the description and map that are included in Exhibit A.
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ALTERNATIVE ACTIONS CONSIDERED: Section
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Attract, retain and support locally owned businesses and nonprofits
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PBID
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Reinstating a Safety Ambassador program, and
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PBID
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Among other things, Proposition 218 defines the process for establishing or adjusting property-based assessments.
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FISCAL IMPACTS OF RECOMMENDATION: The City has determined that the formation of property-based business improvement districts like the DPBID is subject to Proposition 218 regulations. The process requires that a notice of the proposed assessment be sent to all...
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No MHIP shall result in more than ten dwelling units on the parent parcel.
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Option of later adding a staff member solely focused on Economic Development and Placemaking.
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PBID: Summary Management Plan Pursuant to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code § 36600 et seq.) (the “PBID Law”), the PBID is proposed to be renewed for a 10- year term. Upon receipt of petitions sign...
Bring residents and visitors Downtown to patronize businesses, nonprofits and the arts
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PBID
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Parking Configuration .
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Shared driveways, tandem spaces, and unbundled parking are permitted, provided they meet dimensional standards.
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Where the City Engineer and the Director of Planning determine that all of the following conditions exist.
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(a) The division results in the same or fewer number of lots. Page 1 of 16 01 Page 17 Ordinance No. 8,002-N.S. Page 2 of 16 (b) The division is not in conflict with other provisions of this title. (c) The division is not in conflict with the General Plan or an...
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Conditions of approval, if any, shall be limited to: Page 3 of 16 Page 19
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Ordinance No. 8,002-N.S. Page 4 of 16 (a) Requirements necessary to ensure compliance with objective standards expressly set forth in this Title, Title 23, or other applicable codes; and (b) Technical corrections necessary to ensure conformity with the Subdivi...
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Applications shall be submitted on forms provided by the City and shall include all information necessary to demonstrate compliance with the eligibility criteria in Subsection A and with applicable objective standards.
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The subdivision will create no more than twelve (12) parcels; and
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That section 21.24.001 be amended to read as follows: 21.24.001 Applicability.
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The provisions of this chapter shall apply to: A. All subdivisions of four or fewer parcels, except those:
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The improvements and activities proposed are as provided in Exhibit A, and as are available in the complete Management District Plan that is available to all property owners at the address specified in Exhibit A.
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ALTERNATIVE ACTIONS CONSIDERED: Section
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For development on a vacant lot zoned single-family, the applicable height limit shall be no less than the maximum height otherwise permitted in the zoning district.
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Page 14 of 16 Page 30 Ordinance No. 8,002-N.S. Page 15 of 16 Section
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An affidavit of ownership, and a tenancy history for the 5 years prior to the submission of the application, for the parent parcel. 5.Evidence of access and utility service easements for each proposed lot.
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Any decision of the advisory agency to approve, conditionally approve, or deny a parcel map under this Section may be appealed to the City Council in accordance with the appeal procedures set forth in Section 21.16.050.
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Be the leading convener and advocate for Downtown Berkeley.
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PBID: The new Management District Plan will provide services to help address these challenges and meet these goals. Specific enhancements to the Downtown improvement program include:
Council intends to levy assessments on property within the boundaries of the District according to the method and basis described in the Engineer’s Report, Exhibit A, Attachment A.
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ALTERNATIVE ACTIONS CONSIDERED: Section
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Each parcel created will comply with: (a) The minimum lot area, width, depth, and other dimensional standards of the applicable zoning district; (b) The General Plan land use designation; and (c) All applicable objective subdivision design
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and improvement standards of this Title and other applicable codes. B. Advisory Agency and procedure.
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That section 21.24.030 be amended to read as follows: 21.24.030 Accompanying data and reports.
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Except as provided in Section 21.24.080, the regulations described in Section 21.16.040 shall apply to parcel maps. (Ord. 5793-NS § 2 (part), 1987) Section
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Which are made solely because of the acquisition of property by government agencies.
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B. Subdivisions creating five or more parcels that are exempt from the requirement for a tentative and final map, and instead require a parcel map, pursuant to Government Code Section 66426(a)–(e). Section
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Consistency with State Law .
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Where state law establishes fewer required off-street parking spaces than this Section, those rules shall govern. H. Inclusionary Housing . All MHIP housing developments shall comply with the City’s inclusionary housing requirements (BMC Chapter 23.328 or succ...
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A public hearing shall be held before the City Council on May 19, 2026 in the Council Chambers.
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ALTERNATIVE ACTIONS CONSIDERED: Following the hearing, the Council will consider adoption of a resolution reestablishing the District. At this hearing the Council will hear all interested persons for or against the reestablishment of the District, the extent o...
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That section 21.24.040 be amended to read as follows: 21.24.040 Approval of parcel maps.
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A. Except as provided in Section 21.24.080, the regulations described in Sections 21.16.010 through 21.16.090 shall apply to the approval of all parcel maps with the exception that the advisory agency under Government Code Section 66415 for purposes of approva...
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Parent Parcel (Middle Housing Infill Projects) For purposes of a Middle Housing Infill Project, zoning development standards shall be applied to the parent parcel as a single lot at the time of subdivision approval.
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Following subdivision, each newly created lot shall be deemed a separate lot for purposes of ownership and subsequent development. Compliance with zoning development standards shall be determined based on the parent parcel at the Page 12 of 16 Page 28 Ordinanc...
The City Clerk is directed to give notice of said hearings as provided in section 36623 of the Act and section 53753 of the Government Code, which requires that the agency shall give notice by mail to the record owner of each identified
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ALTERNATIVE ACTIONS CONSIDERED: parcel. The public hearing shall be held not less than 45 days after the adoption of this Resolution. Section
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Any other information necessary to verify compliance with applicable objective standards.
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B. Review Process .
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BMC Section 21.24.080 be added to read as follows: 21.24.080 Parcel maps qualifying under Government Code Section 66426(a).
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A. Eligibility. A parcel map may be processed ministerially under this Section only if all of the following criteria are met:
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Assessment Roll.................................................................................. 24 ATTACHMENT A.
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PBID: Engineer’s Report B. Base Level Services Agreement Page 12 of 78 Page 44 Downtown Berkeley PBID October 2025 Management District Plan Page 1 of 22 SECTION 1: EXECUTIVE SUMMARY The Downtown Berkeley Property-Based Business Improvement District (“PBID”) wa...
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The City Clerk shall certify to the passage of this Resolution and cause the same to be published in accordance with the Act.
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ALTERNATIVE ACTIONS CONSIDERED: Exhibit A: Management District Plan and Engineer’s Report Page 10 of 78 Page 42 October 24, 2025 Prepared by: Kristin Lowell, Inc. and Progressive Urban Management Associates, Inc. Prepared pursuant to the State of California Pr...
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BMC Chapter 21.30 be added to read as follows: Chapter 21.30 – Small Lot Subdivisions (Middle Housing Infill Projects) 21.30.010 – Purpose and Intent A.
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The purpose of this Chapter is to implement the provisions of Government Code Sections 66499.41, 65913.4.5, and 65852.28 (Senate Bill 684 (2023), as amended by subsequent legislation), which require a ministerial process for approval of certain small-lot subdi...
The City receives this revenue from Alameda County and disburses it to a private organization that manages services provided by the DPBID, the Downtown Berkeley Association (hereafter, the “DBA”).
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FISCAL IMPACTS OF RECOMMENDATION: As described in the Management District Plan, the DPBID finances maintenance and marketing activities for the Downtown business district. It therefore indirectly enhances sales tax, business license tax and other business-rela...
That BMC Section 23.202.030(E) be added to read as follows: E.
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Middle Housing Infill Projects . Middle Housing Infill Projects, as defined in BMC Section 21.30.020(A) (Definitions), are permitted in any residential district where Multi-Family dwellings are an allowed use, subject to the underlying zoning standards, the st...
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That BMC Section 23.204.030(F) be added to read as follows: F.
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Middle Housing Infill Projects . Middle Housing Infill Projects that comply with the eligibility criteria of Government Code Section 66499.41 (SB 684 MHIPs), as defined in BMC Section 21.30.020(A) (Definitions), are permitted in any commercial district where M...
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The intent of this Chapter is to: (1) facilitate homeownership opportunities; (2) ensure consistency with state law; (3) apply zoning development standards at the parent-parcel level; (4) apply objective standards for access and
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development standards; and (5) ensure compliance with replacement-housing requirements under Government Code Section 66300.6 and BMC Chapter 23.326 (Demolition and Dwelling Unit Controls).
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Page 11 of 16 Page 27 Ordinance No. 8,002-N.S. Page 12 of 16 21.30.100 – Savings Clause A. Each provision of this Chapter shall be applied only to the extent it is consistent with state law. 21.30.101 – Severability Clause A. If any provision of this initiativ...
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Each lot shall have recorded vehicular and emergency access easements and recorded utility easements sufficient for water, sewer, power, and drainage service. E. Residential Density .
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The definition of Protected Unit in this Chapter applies to Middle Housing Infill Projects processed as either an SB 684 MHIP or a Parcel Map MHIP. 21.30.020 – Definitions A.
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Middle Housing Infill Project (MHIP) . A subdivision and related housing development processed under this Chapter.
Parcels created under this Chapter may be sold, leased, or financed as permitted by Gov. Code Section 66499.41(e)(1). Notwithstanding Gov. Code Section 66499.41(e)(1), and pursuant to Gov. Code Section 66499.41(e)(2), the City authorizes the sale, lease, or fi...
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