Council fails to overturn ZAB approval for contested 10‑story Shattuck project after safety and contamination debate

Berkeley — The City Council on March 25 declined to overturn a Zoning Adjustments Board (ZAB) approval for a 10‑story mixed‑use project at 3000 Shattuck Avenue after a contentious hearing that focused on environmental remediation, indoor‑air and construction risks, traffic and neighborhood safety.

Appellants including labor unions and neighborhood groups argued the city’s reliance on an addendum to a 2018 environmental study was insufficient under the California Environmental Quality Act because the revised project is larger and the surrounding area has changed. "There is a fair argument that the project will have significant health and indoor air quality impacts which have not previously been considered," said Victoria Yunt, counsel for Laborers Local 304, citing a formaldehyde risk assessment her team submitted. Appellants also raised concerns about benzene and other soil contaminants and said remediation requirements should be resolved before construction workers dig.

City staff and the applicant said recent phase‑2 site assessments and the revised addendum addressed the issues. Allison Reamer, associate planner, said the most recent on‑site groundwater samples "did not contain benzene at concentrations above the laboratory reporting limit," and that required conditions of approval include a soil and groundwater management plan and oversight by the Regional Water Quality Control Board prior to building permits. The applicant’s counsel, Emily Liban, said the project complies with objective standards and benefits from state density‑bonus protections under the Housing Accountability Act.

Neighbors and safety advocates warned the narrow Ashby/Shattuck intersection lacks the sidewalks, loading space and public‑realm improvements needed to absorb the building’s expected 300 residents and service traffic. Several speakers urged more funding for sidewalks, tree canopy and safe loading and unloading zones. Labor representatives pushed for local hiring, apprenticeships and prevailing wages.

Councilmember Keserwani moved to affirm the ZAB approval and dismiss the appeals but the motion failed on roll call after multiple members opposed and several recused themselves; the ZAB decision therefore stands unless the council re‑opens the matter within 30 days. The city clerk noted that under the municipal code the ZAB decision remains in effect unless the council acts to reverse it within the specified window.

Next steps: The developer may proceed with project processing under the ZAB approval; staff emphasized that remediation, construction‑period controls, and required conditions must be satisfied before issuance of building permits.