City Council - November 12, 2026 (Special)

Agenda

1. Zoning Adjustments Board Appeal: 2700 Shattuck, Use Permit #ZP2024-0058

From: City Manager Recommendation: Conduct a public hearing on the two appeals of the Zoning Adjustment Board’s (ZAB) July 9, 2026 decision to approve Use Permit #ZP2024- 0058, to demolish two single-story commercial structures (22,273 square feet) and construct an 8-story (90 feet and 4 inches) 281,960 square-foot mixed-use residential development with 359 dwelling units (including 38 Very Low Income units), 5,136 square feet of ground floor commercial space, 141 off-street vehicle parking spaces, and 158 bicycle parking spaces, utilizing density bonus, and upon conclusion, adopt a Resolution that implements either Option 1 or Option 2 below: Option 1 -Finds the project was “deemed approved” as a matter of law on July 2, 2026, and therefore there was no basis for the ZAB to issue its July 9, 2026 decision; -Finds that the applicant did not appeal the July 2, 2026 “deemed approval,” pursuant to which the Project was approved with all three requested concessions, and therefore that “deemed approval” stands, subject to the City’s standard conditions of approval; and -Treats the appeal filed by East Bay Residents for Responsible Development as an appeal of the July 2, 2026 “deemed approval,” and uphold that approval on the grounds that the labor standards contained in Public Resources Code Section 21080.66(d)(2) and Government Code Section 65913.4(a)(8) are not triggered because the project is not over 85 feet pursuant to the California Building Code definition of height (i.e. deny East Bay Residents for Responsible Development’s appeal). -OR- Option 2 -Finds that the project was not “deemed approved” as a matter of law on July 2, 2026, because the “deemed approval” provision of the Permit Streamlining Act violates due process rights under the state and federal constitutions; -Affirms ZAB’s determination that the applicant’s third requested density bonus concession (exemption from the City’s local inclusionary housing in-lieu fee requirement) is not an eligible concession under state Density Bonus Law; -Affirms ZAB’s determination that the labor standards contained in Public Resources Code Section 21080.66(d)(2) and Government Code Section 65913.4(a)(8) are not triggered because the project is not over 85 feet pursuant to the California Building Code definition of height (i.e. deny East Bay Residents for Responsible Development’s appeal). Financial Implications: See report Contact: Jordan Klein, Planning and Development, (510) 981-7400 Thursday, November 12, 2026 AGENDA Page 3 Page 3 Action Calendar – Public Hearings

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2. Landmarks Preservation Commission Appeal: Elmwood Commercial Historic

District, Landmark Application #LMIN2026-0001 From: City Manager Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution affirming the Landmarks Preservation Commission (LPC) decision to deny the Elmwood Commercial Historic District landmarking application (LMIN2026- 0001). Financial Implications: None Contact: Jordan Klein, Planning and Development, (510) 981-7400 Adjournment I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on November 5, 2026. /s/ Adena Ishii, Mayor Public Notice – this Proclamation serves as the official agenda for this meeting. ATTEST: Date: November 5, 2026. Mark Numainville, City Clerk NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project. Archived indexed video streams are available at: berkeleyca.gov/council-agendas. Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m. Communications to the 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 to the City Clerk Department at 2180 Milvia Street. 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 Department for further information. Thursday, November 12, 2026 AGENDA Page 4 Page 4 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal: https://records.cityofberkeley.info/. Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at: berkeleyca.gov/council-agendas and may be accessed at reference desks at the following locations: City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: clerk@berkeleyca.gov Libraries: Main – 2090 Kittredge Street, Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell COMMUNICATION ACCESS INFORMATION: This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at ada@berkeleyca.gov, (510) 981-6418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date. Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs. Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting. If you have obtained interpretation services for your use during a City Council meeting and would like to request assistance, please contact the City Clerk Department at (510) 981-6900, clerk@berkeleyca.gov, or in-person during the meeting. Questions regarding public participation may be addressed to the City Clerk Department (510) 981-6900 or by email at clerk@berkeleyca.gov. Communications Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online. Item #2: Landmarks Preservation Commission Appeal: Elmwood Commercial Historic District, Landmark Application #LMIN2026-0001

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