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City Council 2026-05-12 - Regular met on 2026-05-12. 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 and city services and council implementation.
Key Decisions
Adopted first reading of Ordinance No. 8,009-N.S. regarding The proposed changes apply to the sections of the BMC listed below: - Section 23.202.020 (Residential Districts - Allowed Land Uses) - Section 23.202.050 (Residential Districts - R-1 Residential Multi-Unit 1 District) - Section 23.202.080 (Residential Districts - R-2 Residential Multi-Unit 2...
Adopted second reading of Ordinance No. 8,006-N.S. regarding Sale of Real Property - 1631 Fifth Street.
Recognition of Muslim Holidays Eid-al-Fitr and Eid-al-Adha: M/S/C (Tregub/Humbert) to adopt the Consent Calendar in one motion except as indicated.. Vote: All Ayes.
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.
Topics Discussed
housing, land use, and permitting - city services and council implementation
What Happens Next
Housing, land-use, and permitting actions continue through city implementation, appeals, or follow-up reviews recorded in the official action text.
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Reconstructed agenda items • Rebuilt from agenda text because source-provided agenda items were unavailable.
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Any application for a Use Permit or AUP to demolish a non-residential building or structure that is 40 or more years old shall be forwarded to the Landmarks Preservation Commission (LPC) for review before consideration of the Use Permit or
The Junior ADU shall not be sold separately from the main building;
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The proposed amendments are consistent with the General Plan and any applicable specific plan or area plan.
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The zoning map amendments would be consistent and compatible with the General Plan, as the proposed rezoning involves two existing zoning districts and does not propose any modifications to the intents, allowed uses, or development standards of either district...
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All multi-unit dwellings shall have an unobstructed walkway for pedestrian access from the public right-of-way to the building.
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Section
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That line “Multi-Family” within “Residential Uses” in Table 23.202-1 Allowed Land Uses In Residential Districts within BMC Chapter 23. 202.020 is amended to read as follows: R ESIDENTIAL D ISTRICTS ZC = Zoning Certificate AUP = A
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DMINISTRATIVE U SE P ERMIT UP(PH) = Use Permit NP = Not Permitted * Use-Specific Regulations Apply **Required permits for specific uses are set forth in the R-BMU Master Development Permit (MDP). See 23.202.150(A) and 23.202.150(D). R- 1 ES- R R- 2 R- 2A R-3 R...
Public comment item
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That Table 23.206-14 MU-R Development Standards within BMC Chapter 23.206.090 is amended to read as follows Table 23.206-14: MU-R Development Standards B ASIC S TANDARDS S UPPLEMENTAL S TANDARDS Lot Area, Minimum New Lot No minimum Per
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Live/Work Unit 1,250 sq. ft. 23.304.020 – Lot Requirements Lot Width, Minimum 40 ft. Usable Open Space, Minimum Per 1,000 sq. ft. of gross residential floor area 150 sq. ft. Per Live/Work Unit 40 sq. ft. 23.304.090 – Usable Open Space Floor Area Ratio, Maximum...
Public comment item
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That BMC Section 23.206.090(B)(7) is amended to read as follows:
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That BMC Section 23.304.100(D)(1) is amended to read as follows:
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That BMC Section 23.306.030(A)(2) is amended to read as follows:
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That BMC Section 23.306.040(C)(4) is amended to read as follows:
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That BMC Section 23.322.040(D)(2) is amended to read as follows:
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That BMC Section 23.322.050(A)(6)(c) is amended to read as follows: (c) Eligible Uses: Any commercial use portion of a mixed-use building which combines retail products stores and/or personal household services and multi- unit residential
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uses within the same building or located on the same lot (or contiguous lots as part of the same project). Section
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That line “R-1, R-1A, R-2” in Table 23.322-12 Land Uses Requiring Off- Street Loading Spaces within BMC Chapter 23.322.100 is amended to read as follows District Land Use [1] R-1, R-2 Schools 10,000 sq. ft. or more Section
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That BMC Section 23.326.070(C) is amended to read:
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The City of Berkeley Zoning Map is amended to read as follows: Section
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Public comment item
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That Table 23.202-2 R-1 Development Standards within BMC Chapter 23.202.050 is amended to read as follows: Table 23.202-2: R-1 Development Standards Page 1 of 13 Page 19
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Ordinance No. 8,007-N.S. Page 2 of 13 B ASIC S TANDARDS S UPPLEMENTAL S TANDARDS Lot Area for New Lots, Minimum 5,000 sq. ft. 23.304.020 – Lot Requirements Usable Open Space per 1,000 sq. ft. Residential Floor Area Minimum 150 sq. ft. 23.304.090 – Usable Open...
Public comment item
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Interior ADU(s) must be created entirely through non-habitable residential portions of an existing main building that are not within the living space of a dwelling unit (e.g. basement, attic, garages, storage room). Section
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The proposed amendments are consistent with state law.
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The zoning map amendments are consistent with state law because they do not reduce the intensity of residential use allowed under the existing General Plan or zoning pursuant to Gov. Code section 66300(b)(1).
Public comment item
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The sale of 1631 5th Street is hereby approved, and the City Manager is hereby authorized to execute all necessary documents to complete that sale and transfer the property.
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Section
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Additions to existing buildings; or
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Offices in R-4 and R-5 Districts.
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The ZAB may approve a Use Permit to allow offices in the R-4 or R-5 district to share parking spaces with a multi-unit residential use. To approve the Use Permit, the ZAB must find that: Page 9 of 13 Page 27 Ordinance No. 8,007-N.S. Page 10 of 13 (a) No more t...
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The ADU shall not be sold separately from the main building unless the conditions of BMC 23.306.040(D) ADUs Developed by a Qualified Nonprofit Developer are met;
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That BMC Section 23.330.030(B) is deleted: B.
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Documentation Supporting Requests. The City may request reasonable documentation from the applicant to support requested incentives/concessions. Section
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That title “Regulatory Agreements” for BMC Section 23.330.080 is amended to read as follows: Page 10 of 13 Page 28
That line “Staff-level Design Review” in Table 23.410-2 Appeal Subjects and Review Authority within BMC Chapter 23.410.020 is amended to read as follows Table 23.410-1: Appeal Subjects and Review Authority A CTION O RDINANCE S ECTION M AY
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BE A PPEALED BY I S A PPEALED TO M UST BE F ILED WITHIN Staff-level Design Review 23.406.070 Any person DRC 14 days of posting the Notice of Design Review Section
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That BMC Section 23.502.020(A) be amended to read as follows:
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That BMC Section 23.502.020(M)(17) is amended to read as follows:
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That BMC Section 23.502.020(R)(15) is amended to read as follows Page 11 of 13 Page 29
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Ordinance No. 8,007-N.S. Page 12 of 13
Public comment item
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That BMC Section 23.502.020(S)(31) is 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 this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation. At a regular meeting of the Council of the City of Berkeley held on A...
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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 this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation. At a regular meeting of the Council of the City of Berkeley held on A...
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The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare.
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The zoning map amendments are to unify the zoning district designations for two properties and would not create any new uses that would have detrimental impacts to the public interest, health, safety, convenience, and welfare of the City or its inhabitants. Ad...
The ADU and/or Junior ADU shall not be rented for a term that is shorter than 30 days; and
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The installation of new floor or mezzanine levels within or onto existing buildings.
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That Table 23.202-5 R-2 Development Standards within BMC Chapter 23.202.080 is amended to read as follows: Table 23.202-5: R-2 Development Standards B ASIC S TANDARDS S UPPLEMENTAL S TANDARDS Lot Area for New Lots, Minimum 5,000 sq. ft.
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23.304.020 – Lot Requirements Usable Open Space per 1,000 sq. ft. Residential Floor Area Minimum 150 sq. ft. 23.304.090 – Usable Open Space Floor Area Ratio, Maximum No Maximum Main Building Height New Buildings and Additions 35 ft. and 3 stories [1] Within 15...
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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 2134 Martin Luther King Jr.
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Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation. Page 1 of 2 Page 17 Ordinance No. 8,006-N.S. Page 2 of 2 At a regular...
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This project does not meet the criteria in Government Code Section 3504.1 and is exempt from the noticing requirement.
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BACKGROUND On October 14, 2025, Item 14: Changes to Special Events Permitting Fees and Requirements was presented as an Information report to the City Council, highlighting the strain placed on the organization by the large increase in street and park event pe...
The proposed amendments are internally consistent with other applicable provisions of the Zoning Ordinance.
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The proposed amendments would rectify two instances of split-zoning and would not include uses inconsistent with the intent of the MU-R zoning district.
Public comment item
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If the property includes a Junior ADU, the Junior ADU or the Single Family Dwelling in which the Junior ADU is located shall be owner-occupied.
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Owner- occupancy shall not be required if the JADU and the Single Family Dwelling do not share sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization. Section
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New floor area does not include floor area associated with residential uses in the MU-R zoning district.
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Table 23.206-2. NEW FLOOR AREA PERMIT REQUIREMENTS District/New Gross Floor Area Permit Required for New Floor Area M, MM Less than 20,000 sq. ft. ZC 20,000 to less than 40,000 sq. ft. AUP 40,000 sq. ft. or more UP(PH) M-RD Less than 60,000 sq. ft. ZC 60,000 t...
Public comment item
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That Table 23.202-9 R-2A Development Standards within BMC Chapter 23.202.090 is amended to read as follows: Table 23.202-9: R-2A Development Standards B ASIC S TANDARDS S UPPLEMENTAL S TANDARDS Lot Area for New Lots, Minimum 5,000 sq. ft.
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23.304.020—Lot Requirements Usable Open Space per 1,000 sq. ft. Residential Floor Area Minimum 150 sq. ft. 23.304.090-Usable Open Space Floor Area Ratio, Maximum No Maximum Main Building Height New Buildings and Additions 35 ft. and 3 stories [1] Within 15 ft....
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That BMC Section 23.206.030(A) is amended to read as follows: A.
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New Floor Area. A project that creates new floor area for any use requires additional permits as shown in Table 23.206-2. Creation of new floor area includes:
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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
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the health, safety, and welfare of the property, surrounding properties, and the community at large. The zoning map amendments do not change the physical or legal boundaries or characteristics of the two lots. The amendments will also align the zoning district...
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The Mixed Use-Light Industrial (MU-LI) district’s purpose is to “encourage the development of a mixed-use light industrial area” and “provide for the continued availability of manufacturing and industrial buildings for manufacturing uses.”
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The proposed Zoning Map amendments would reduce the intensity of permitted manufacturing uses on the subject parcels, and place the parcels under a single zoning designation for the anticipated development of residential uses. As a result, Page 1 of 2 Page 33...
The vacant land located at 1631 5 th Street was purchased in the 1970s by the City of Berkeley’s Redevelopment Agency using Community Development Block Grant Funds (CDBG).
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1.b
The property at 1631 5 th Street was received by the City of Berkeley in 2011 as the successor to the City’s Redevelopment Agency and the property is exempt surplus land so the City may sell the property at market rate.
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C
Landmarks Preservation Commission Review.
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C
The City obtained a market value appraisal of the level, vacant site at 1631 5 th Street for $650,000 in October 2025.
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D
Proceeds of the sale must be applied to the City’s Community Development Block Grant Fund (CDBG).
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Revenue generated from the sale of the property will be deposited into Fund 128 (CDBG fund).
D
Unenclosed Accessory Structure .
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An accessory structure that does not have a roof, and/or does not have walls on more than two sides. Unenclosed accessory structures include, but are not limited to, pergolas, trellises, shade structures, arbors, retaining walls, solar energy equipment, ground...
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