Berkeley council narrows biosafety ban, eases zoning to help research-and-development firms stay in city

The Berkeley City Council voted unanimously Dec. 3 to adopt zoning amendments intended to make it simpler for research‑and‑development (R&D) companies to locate and grow in the city.

The ordinance, approved on first reading, revises permit rules so R&D uses under 20,000 square feet may operate with a zoning certificate rather than the longer administrative use permit process; reduces local parking requirements for R&D; adds R&D to the purpose statements of select manufacturing and light‑industrial districts; clarifies the term “laboratory” in the municipal code; and removes Berkeley’s 500‑foot geographic restriction on BSL‑2 activities while adding an explicit citywide prohibition on BSL‑3 and BSL‑4 operations.

“R and D uses that are under 20,000 square feet [would be] allowed with a zoning certificate,” Planning Department staff said during their presentation. City planners said the changes are intended to reduce uncertainty that has driven some startups to other Bay Area cities.

Office of Economic Development manager Eleanor Hollander and Liz Redmond Cleveland, who manages the Berkeley Startup Cluster, told the council the city is home to roughly 400 innovation sector businesses and that early‑stage companies often need quick certainty about locations near the UC Berkeley campus. Hollander said the existing code’s restrictions, particularly the 500‑foot rule tied to biosafety classifications, had introduced “a lot of uncertainty” for companies seeking space.

Several startup founders and local business groups urged the council to pass the changes. Valitor Bio president Wes Jackson said his company wanted to remain in Berkeley as it scaled and supported the amendments. “I place a high value on keeping my business in Berkeley,” he told the council.

Opponents and some members of the public urged caution. Multiple speakers raised safety and inspection concerns, asking whether the city has adequate staff and processes to oversee labs. One caller warned that rezoning could allow “pathogens and nanoparticles” near shopping and residences, and called for more municipal inspection capacity.

City staff and the toxics management division responded that regulated biological work is overseen by state agencies and that the city’s toxics team inspects facilities that store hazardous materials above reportable thresholds. Nicole Kim of the Toxics Management Division said regulated sites submit annual reports to the California Environmental Reporting System and are inspected as needed. “We conduct routine inspections of our facilities,” she said.

Council members asked for assurances about oversight. Councilmember Bartlett asked specifically how the city would ensure BSL‑3 and BSL‑4 activities do not occur; staff pointed to the code language prohibiting BSL‑3/4 and cross‑referencing allowable use tables and noted state registration and inspection processes for regulated bioactivities. Councilmember Treggor and others said the changes are consistent with the original 2022 referral to “Keep Innovation in Berkeley.”

The motion to adopt the staff recommendation passed on roll call with all members present voting yes. The council recorded a unanimous vote; the meeting minutes show the motion carried.

Next steps include publication of the ordinance for a second reading and follow‑up administrative changes. Staff said existing permitting requirements for new buildings or new floor area remain unchanged, and that the amendments are focused on clarifying allowed uses and streamlining approvals for existing commercial spaces.