Berkeley City Council Special Meeting on Middle Housing Zoning - July 23, 2024

This special meeting of the Berkeley City Council, held on July 23, 2024, at 3:30 PM in the School District Board Room, focused solely on proposed zoning ordinance and general plan amendments to encourage “middle housing” (duplexes, triplexes, fourplexes, etc.) in low-density residential districts. The council did not adopt a final ordinance but instead provided staff with direction to prepare a revised ordinance, after a procedural error was discovered. The meeting featured extensive public testimony, with over 100 speakers in person and via Zoom, and more than 600 written communications. Key themes included support for increased housing density, concerns about fire safety in the hillside overlay, affordability, community process, and equity.

Public Comments & Testimony

• Support for Middle Housing: Many speakers urged adoption, citing the need to reverse exclusionary zoning, provide housing for young families, teachers, and low-income residents, and lower rents. Representative comments: “We need more housing… Berkeley created single-family zoning as an explicitly racist segregationist policy” (Jacob Dadman); “Berkeley’s Kamala Harris grew up in a duplex… we need to do better for the next generation” (Councilmember Kesarwani referencing public sentiment).
• Fire Safety Concerns: Numerous residents, including members of the Disaster and Fire Safety Commission and the Berkeley Fire Safe Council, opposed applying the new zoning in the hillside overlay (very high fire hazard severity zones) until an evacuation study is completed. They cited the 1991 Tunnel Fire, loss of insurance, narrow streets, and Fire Chief Sprague’s memo warning that increased density “may nullify wildfire safety work.” Speakers urged that “the most fundamental goal of government is to promote safety” (Vice Mayor Wengraf) and that adding people and vehicles to the hills is “madness.”
• Process and Equity Concerns: Several speakers criticized the lack of public notice, the 3:30 PM meeting time, and the complexity of the proposal. Some argued that upzoning alone would not create affordable housing and could lead to speculation and displacement, especially in historically redlined areas. “We need to make sure everyone understands what we’re talking about before we take action” (Councilmember Hahn).

Discussion Items

• Staff Presentation: Planning Director Jordan Klein and Land Use Planning Manager Ann Hirsch presented the background, nine proposed standards, and differences between the Planning Commission’s recommendation (which included the hillside overlay and no maximum density) and staff’s alternative (which excluded the hillside and included density caps). Staff acknowledged a procedural error in the general plan amendment process and requested direction rather than a vote.
• Council Deliberation: Councilmembers debated the extent of the upzoning, fire risk, density caps, and community outreach. Mayor Arreguin and Councilmember Kesarwani introduced a motion to exempt the hillside overlay until the evacuation study, adopt maximum density standards (40 units/acre in R1, 50 in R1A/R2, 60 in R2A/MUR), regulate primary unit size, simplify height rules, and fund a historic context statement. Councilmember Lunaparra offered a substitute motion supporting the Planning Commission’s version (no density caps, include hillside overlay except R1H), but it failed 3-2-4.
• Friendly Amendments: Accepted amendments included: holding community workshops citywide (Vice Mayor Wengraf), analyzing general plan consistency (Councilmember Hahn), reporting on mini-dorm/growth living accommodation concerns (Hahn), confirming demolition ordinance compliance (Councilmember Tregub), and noting land value recapture (Councilmember Tregub).

Key Outcomes

• Council Direction (Main Motion): The council voted 9-0 to direct staff to prepare a middle housing ordinance that:
  1. Exempts the Hillside Overlay Zone and ESR district until the fire department’s evacuation study is received and reviewed.
  2. Establishes maximum density standards: 40 units/acre in R1, 50 in R1A/R2, 60 in R2A/MUR (resulting in approximately 4-6 units on a typical 5,000 sq ft lot).
  3. Limits primary unit size to no more than half the lot area or 2,500 sq ft, whichever is greater.
  4. Sets a maximum height of 35 feet or 3 stories (with a 22-ft limit within 15 ft of the rear property line).
  5. Requires front and rear setbacks to total 20 ft, with a minimum of 5 ft each.
  6. Mandates neighbor notice similar to the ADU ordinance.
  7. Allocates $200,000 for a citywide historic context statement.
  8. Holds community workshops before the ordinance returns for first reading.
• Staff Estimates: Staff projected up to 1,700 units over 8 years under the proposal, but noted only 25 middle housing projects (75 units) were permitted citywide in the past 6 years, indicating a likely modest increase.
• Next Steps: The public hearing remains open. Staff will return with a revised ordinance following additional analysis, community workshops, and the completion of the evacuation study. The council also requested reports on mini-dorm risks, demolition ordinance integration, and land value recapture principles.