Berkeley City Council Special Meeting on Middle Housing Zoning Amendments - June 26, 2025

On June 26, 2025, the Berkeley City Council held a special meeting (6:00 PM to approximately 12:15 AM) to consider and ultimately adopt a first reading of zoning ordinance and general plan amendments to encourage “middle housing” in low-density residential districts. The meeting included a staff presentation, two supplemental proposals from councilmembers, over two hours of public comment from approximately 100 in-person speakers and 25 online participants, and extensive deliberation. The council voted unanimously (8-0) to pass the staff proposal with amendments that set a uniform density of 70 dwelling units per acre across applicable zones, require an equity impact analysis triggered after 50 projects or two years, and direct the city manager to develop objective design standards.

Public Comments & Testimony

• Supporters: Many young residents, families, and housing advocates expressed strong support, arguing that the reforms would create more affordable housing options, allow families to stay in Berkeley, and address the city’s housing crisis and climate goals. Specific speakers included Sonia Trauss (moving into a triplex), Megan Walksbrass (wants children to live here), and several Cal graduates and students. They emphasized that smaller units (750–900 sq ft) would be more affordable for middle-income workers (e.g., teachers, nurses, firefighters).
• Opponents: A significant number of longtime residents, including former councilmember Cheryl Davi, raised concerns about the lack of affordability guarantees, potential displacement of low-income and Black residents, loss of solar access, reduced green space, and increased fire danger. Speakers such as Virginia Warhigh (detailed solar shadow impacts), Moni Law (noted that 100% of Berkeley’s low-income housing goals were unmet), and several West Berkeley residents argued the ordinance would primarily benefit developers and wealthy newcomers, not existing vulnerable communities.
• Neutral/Mixed: Some speakers, like Deborah Matthews (South Berkeley Now), urged the council to delay for deeper community engagement, especially with low-income property owners of color. Others requested safeguards such as preserving 40% open space or limiting height to 28 feet.

Discussion Items

• Staff Proposal: Planning Director Jordan Klein, Principal Planner Justin Horner, and Land Use Manager Ann Hirsch presented a package developed over six years, including 40 public convenings, planning commission hearings, and environmental review. Key changes: merging R-1A and R-2 zones, increasing maximum height to 35 feet, lot coverage to 60%, reducing setbacks, and allowing ministerial approval (zoning certificate) for code-compliant projects. The proposal did not include affordability requirements but noted that projects over 5,000 sq ft would pay into the city’s affordable housing fund. Staff estimated the changes might yield a few dozen units per year.
• Supplemental from Councilmember Kesarwani, Mayor Ishii, Lunaparra, and Bartlett: Proposed equalizing density across all residential zones at 90 dwelling units per acre (DU/acre), allowing rooftop access, and requiring an equity impact analysis after two years. Councilmember Lunaparra presented a visual model showing that at 90 DU/acre, a 5,000 sq ft lot could yield 10 units of 765 sq ft each, while the building envelope would remain the same as at lower densities.
• Supplemental from Councilmember Tregub: Called for a report by November 2026 evaluating the ordinance’s effectiveness compared to other jurisdictions (e.g., Sacramento) and developing objective design standards to address privacy, permeable space, and solar access.
• Council Deliberation: Councilmembers Taplin, Humbert, Blackaby, Bartlett, O’Keefe, and Tregub spoke in favor of the overall goal while expressing openness to compromise on density. Councilmember Humbert proposed a compromise of 70 DU/acre, which was ultimately adopted. Councilmember Taplin expressed concern about the late timing of supplementals but supported equalizing density. Councilmember O’Keefe noted that 70 DU/acre would allow about 8 units on a typical lot and emphasized the importance of unanimous support.

Key Outcomes

• Motion and Vote: Councilmember Kesarwani moved to adopt the staff recommendation with the following amendments (seconded by Councilmember Bartlett):
  • Change maximum density to 70 dwelling units per acre across all applicable zones (R-1, R-2, R-2A, MU-R), excluding the hillside overlay zone.
  • Require a simple quantitative report (number of applications, building permits, certificates of occupancy) annually starting April 1, 2026.
  • Trigger an equity impact analysis after 50 middle housing projects or two years, whichever comes first, incorporating a review of comparable jurisdictions (per Councilmember Tregub’s request).
  • Direct the city manager to develop objective design standards considering loss of open/permeable yard space, solar access, privacy, tree canopy, biodiversity, and stormwater mitigation, without reducing development potential.
  • Request a corresponding edit to the General Plan to reflect the 70 DU/acre standard.
• Additional: Councilmember Lunaparra’s friendly amendment to hold the second reading on July 8, 2025, was accepted.
• Vote: The motion passed unanimously (8-0). Councilmember Bartlett was initially absent but returned for the vote; all other members present.
• Next Steps: The ordinance will return for a second reading on July 8, 2025. The city manager will begin work on the equity analysis and design standards. The effective date of the ordinance is November 1, 2025.