Berkeley City Council Special Meeting - February 23, 2026: Appeals of ZAB Approvals for 2425 Durant Ave and 2029 University Ave
Berkeley City Council Special Meeting - February 23, 2026: Appeals of ZAB Approvals for 2425 Durant Ave and 2029 University Ave
The Berkeley City Council held a special meeting on February 23, 2026, starting at 6:04 PM, to consider two appeals of Zoning Adjustments Board (ZAB) decisions. Both appeals challenged the granting of concessions under the state density bonus law that would exempt projects from local labor standards (the Hard Hats Ordinance and Southside Plan prevailing wage requirements). The council heard presentations, public testimony, and deliberated on each item separately.
Public Comments & Testimony
- 2425 Durant Avenue (Item 2): Numerous union members, residents, and labor representatives spoke against the concessions, arguing that waiving health care, apprenticeship, and prevailing wage requirements undermines worker safety and the intent of local ordinances. Some speakers urged the council to uphold the Hard Hats Ordinance. A developer representative argued that the project would provide needed housing and that the concessions are legally required under state law. One UC Berkeley student supported the project citing the housing crisis.
- 2029 University Avenue (Items 3A/3B): Similar testimony was given, with speakers emphasizing the importance of health care and training for construction workers. A commenter questioned the credibility of the applicant's cost estimates for apprenticeship contributions. Another speaker noted that no project in Berkeley has been stalled by Hard Hats, contrary to developer claims.
Discussion Item 1: 2425 Durant Avenue Appeal (ZP 2024-0162)
The project proposes to demolish three existing buildings (19 units) and construct a 20-story, 169-unit residential building with 32 below-market-rate units. The appellant (Building and Construction Trades Council of Alameda County and Northern California Carpenters Regional Council) argued that concessions for apprenticeship, health care, and prevailing wage are not appropriate under the density bonus law and do not result in identifiable cost reductions. The applicant presented estimated cost savings of $16.56 million from the three concessions. Staff recommended denying the appeal, citing state law that requires liberal interpretation in favor of housing production and that the city cannot make findings of specific adverse impact on public health or safety. Councilmembers questioned the methodology behind cost estimates and the legal basis for denying concessions. Several councilmembers expressed sympathy for workers but concluded that state law compels approval.
Key Outcomes for 2425 Durant Avenue
- Motion: To deny the appeal and affirm the ZAB decision to approve the use permit (with correction to condition 65).
- Vote: 5 yes (Councilmembers Kessarwani, Blackaby, Lunapara, Humbert, Mayor Ishi), 4 abstain (Taplin, Bartlett, Trega, O'Keefe). Motion carried.
- Next Steps: The project will proceed with the requested concessions.
Discussion Item 2: 2029 University Avenue Appeal (ZP 2024-0181 and ZP 2024-0182)
The site at 2029 University Avenue proposes two alternative schemes: a 240-unit multifamily building or a 160-unit student housing building, both 23 stories. The applicant requested concessions to waive apprenticeship, health care, and bird-safe glass requirements, citing $4.732 million in cost savings. The appellant again argued that the cost estimates are unsubstantiated and that the concessions would harm public health and safety. Staff reiterated that the concessions are permissible under state law. Council questions focused on the bird-safe glass cost and the apprenticeship methodology. Deliberations paralleled the first item, with many councilmembers citing legal constraints.
Key Outcomes for 2029 University Avenue
- Motion: To deny the appeal and affirm the ZAB decision to approve both use permits.
- Vote: 4 yes (Councilmembers Kessarwani, Lunapara, Humbert, Mayor Ishi), 5 abstain (Taplin, Bartlett, Trega, O'Keefe, Blackaby). Motion failed.
- Effect: With no council action, the ZAB decision stands, and the project permits are approved without the council overturning the concessions.
Meeting Transcript
Okay. Good evening, everyone. I'm calling to order a special meeting of the Berkeley City Council today. It's February 23rd, 2026. It is 6.04 p.m. Clerk, can you please take the roll? Councilmember Kessarwani. Here. Present. Councilmember Bartlett is absent. Trega present. O'Keefe. Here. Blackaby. Here. Lunapara. Here. Humber present. And Mayor Ishi. Here. Okay. Quorum is present. Very good. So we have a few. We had a few different items on our agenda this evening, but the first one has been withdrawn. So we're going to move to item number two. Um so item number two is the zoning adjustments board appeal for 2425 Durant Avenue, use permit application ZP 2024-0162. And we will start off with a presentation from our. Thank you, Mary. Good evening, Council members. I'm Jordan Klein, Director of Planning Development. I'm joined here at the staff table. At the far end, that's Sarah Price, Principal Planner, Neil's Karam Zadigan, Senior Planner, and Ann Hirsch, the landing's planning manager, and Nilo will be presenting for staff. He's taken away, Neilo. Actually, as you're gathering that together, I'm gonna do the report out language too, because I need to do that from the closed session. So the mayor and council met in closed session and formed an ad hoc subcommittee consisting of Mayor Ishii, Vice Mayor Lunopara, and Councilmember Humbert to assist with the recruitment of the next permanent director of police accountability. And that is our report out for closed session. Thank you. That's on. All right. Good evening. My name is Nilukarim Zadagon, and the project before you is the appeal of the Zab approval for the project at 2425 Durant Avenue. The project is to demolish three existing residential buildings, including 19 units, and construct a 20-story residential building containing 169 units, including 32 below market rate units. In this presentation, I will go over the project scope, project timeline, density bonus information, appeal issues, and staff recommendation. The project site is located to the west side of Telegraph Avenue and to the south of Bancroft Way within the residential Southside Mix Use District or RSMU. Here is a south elevation of the existing buildings facing Durant Avenue. Three existing two-story residential buildings, including 19 units, are proposed to be demolished. Using state density bonus, the project proposes to construct a 20-story approximately 149,000 square foot residential buildings with 169 units, including six extremely low-income, seven very low income, six low income, and 13 moderate income units. And major components of the proposed building are 169 units, including 105 studios, one bedroom, 46 two bedrooms, 17 three bedrooms for a total of 249 bedrooms. Ground floor includes the lobby, mailroom, bike parking, as well as residential support facilities.
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