Zoning Board remand will be February 25th
Zoning Board remand will be February 25th

Berkeley Tenants and the students of the ASUC filed an appeal last summer to stop the demolition of 18 rent-controlled units on Durant. Berkeley’s City Council finally heard the appeal on December 1st, but just sent the decision back to the Zoning Board with instructions for the volunteer board to pay close attention to several issues in the appeal as well as a lengthy economic report submitted by the Rent Board.
Both the ASUC and BTU had dozens of speakers present to highlight various aspects of the problem, and emphasize that this would be a far-reaching policy decision for the Council, not just about this one project. The Council seemed particularly swayed by a letter from a former student tenant. But in the end, there wasn’t even that much deliberation, and no decision, just a remand.

On the one hand, BTU is pleased that the Council did not uphold approval of the project, because this would be the first time in history that our city would agree that a developer can’t make a profit by rehabilitating an older building instead of tearing it down. On the other hand, it would be nice to see our elected leaders stand up for affordable student housing. BTU had hoped the Council might chastise the developer for encouraging damage to his own building in order to claim he could not afford to fix it.

It is not yet known when the ZAB (Zoning Board) will hear the appeal. In the meantime, the 4×4 Committee, which is where the Rent Board meets with the City Council, discussed changes to allow more demolitions while protecting tenants and creating affordable housing.

“In approving the demolition permit, the ZAB agreed with the owner’s financial projections that it could not make a fair rate of return on its investment if it were to rehabilitate the building in its existing configuration — a notion contested by Pamela Webster, Lisa Stephens and Matthew Lewis in an appeal on behalf of the Associated Students of the University of California. The trio noted, moreover, that the owner allowed the building to deteriorate by keeping it vacant and inviting the Berkeley Fire Department to do training exercises there in late 2014, which involved cutting holes in the roof.…
Dozens of speakers warned that upholding the demolition permit would set a dangerous precedent. They warned that it would encourage landlords to pay exorbitant prices for rent-controlled buildings and let them go to waste while expecting the city to guarantee them a good return by allowing them to tear down the buildings and build larger ones with market-rate apartments.”
http://www.contracostatimescom/breaking-news/ci_29192392/berkeley-council-sends-permit-demolish-rent-controlled-building

For More About the Demolition Ordinance:
https://www.berkeleytenants.org/?page_id=773

Zoning Board Approved Kennedy Bait-and-Switch
A while ago, infamous Berkeley developer Patrick Kennedy (Panoramic) got approval for a residential hotel which was to house folks making less than 120% of area median. The other day, Zoning allowed him to change the project to tiny studio apartments (300 square feet) with no parking. Kennedy will make two of the 22 units at 2711 Shattuck affordable to 120% AMI, and two affordable to folks making 50% of Area Median Income. The other 18 will be market rate. Commissioner Denise Pinkerton was particularly vocal, condemning other ZAB members for calling for more affordable units.
http://www.berkeleyside.com/2015/12/14/berkeley-zoning-board-approves-new-units-on-telegraph-shattuck/

Durant-Project
Other apartment buildings will be at risk if the Durant demolition is permitted.

Mayor Bates would like to us to give up, and stay out of important City business. Berkeley City Council has two meetings on Tuesday December 1st, and both agendas are packed with issues concerning housing, renters, and poverty. The meetings will be held at Longfellow instead of old City Hall: 1500 Derby, at Sacramento Street.
The already burdensome agendas now also include items held-over and postponed from the last couple of meetings, including several issues which tenants have already waited hours to see discussed:

Demolition Appeal (7 pm) Item 24
SUMMARY: Allowing the demolition presents dangerous precedents: This would be the first time Berkeley has allowed an owner to claim he can’t make a fair return on a rehabilitated building. The developer invited the Berkeley Fire Department to tear out walls and cut holes in the roof!! To grant this project as requested is to condone willful destruction of housing.
ACTION: Come to the hearing on December 1st and hold signs showing support.
More Info: https://www.berkeleytenants.org/?p=1477
Berkeley Citizens Action: BCA-letter-111715

Rental Housing Safety (7 pm) Item 28
SUMMARY: Landlords are letting their housing fall apart. Besides proactive inspections and confidential complaints, this would also make mold and mildew a public nuisance, and require landlords to actually turn in the self-inspection they are supposed to do each year.
ACTION: Take a photo of unsafe conditions and send to Council by November 30.
More Info: https://www.berkeleytenants.org/?p=1456
Wellstone Democratic Club: Wellstone-letter-111715

Affordable Housing (5:30 pm) Items 2a, 2b, 2c, 2d, 2e
SUMMARY: Common-sense measures to make city funding for affordable housing easier.
ACTION: You already signed the petition, but did you ask your friends?
http://petitions.moveon.org/sign/fund-affordable-housing-2.fb48?source=c.fb&r_by=9240326
More Info:
Sierra Club Letter: Sierra Club 10-27 Berkeley City Council Items on Affordable Housing
Daily Cal: http://www.dailycal.org/2015/11/08/housing-advisory-commission-talks-assessment-of-affordable-housing-mitigation-fee-predevelopment-funding/
Cool Map: http://ww2.kqed.org/pop/map-where-can-you-find-an-affordable-one-bedroom-near-bart-san-francisco-bay-area-oakland

See You Tuesday December 1!
Longfellow Middle School, 1500 Derby

Also on the 5:30pm Agenda:
Below Market Rate Housing Report; Housing Trust Fund Status Update; Use of Predevelopment Funds by Nonprofit Housing Builders; Report from Berkeley Housing Authority.
http://www.ci.berkeley.ca.us/Clerk/City_Council/2015/12_Dec/City_Council__12-01-2015_-_Special_Meeting_Agenda.aspx

Also on the 7:00pm Agenda:
Accessory Dwelling Units; Appointment to Human Welfare Commission; Police Crowd Management Policies; Lien for Noncompliance with Seismic Mitigations 1734 University; 2nd Reading of Anti-Homeless Laws.
http://www.ci.berkeley.ca.us/Clerk/City_Council/2015/12_Dec/City_Council__12-01-2015_-_Regular_Meeting_Agenda.aspx

 

Update from the Windfall Profits Tax Special Workshop November 17:

FundAffordableHoudingThe City Council gave the new landlord PAC, the Berkeley Rental Housing Association, a seat at the table for their very own PowerPoint on how it must be somebody else’s job to fund affordable housing. However, the Council seemed receptive at the workshop since the measure has what passes for bipartisan support, Berkeley-style: both Arreguin and Capitelli want to fund affordable housing through a reasonable increase in the business license fee. Only Mayor Bates asked aggressive questions which betrayed his ignorance of the process of crafting Council ballot measures.

Contra Costa Times Covers Landlord Tax
Satellite Affordable Housing Associates Executive Director Susan Friedland said $4 million annually would mean construction of 40-to-50 affordable units every year given that nonprofit housing developers must get about 25 percent of their funding from local sources to leverage other funds….Barton proposed a number of exemptions, including one- and two-unit and nonprofit-owned properties; rent-controlled properties with pre-1999 tenants (before vacancy decontrol allowed landlords to set rents of rent-controlled units as high as the market will bear when units are vacated); low-and-moderate income landlords; and units with federally subsidized tenants.”
http://www.contracostatimes.com/breaking-news/ci_29134727/berkeley-tax-proposed-fund-low-income-housing

Affordable Housing Panel November 14
Amy Davidson, community project coordinator for the City of Berkeley, said it takes $500,000 to develop one unit of affordable housing and then discussed the city’s $28,000 fee for developers with a complete lack of irony.
http://www.contracostatimes.com/bay-area-news/ci_29124916/berkeley-few-prospects-affordable-housing-panel-says