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BNC Perspective: Up Zoning Berkeley Neighborhoods

3 Story Apartment

Notice to Berkeley Residents from the Berkeley Neighborhoods Council: 

Ready for a 3-story apartment building next door?

Every year, BNC receives requests for help from neighbors who find out about proposed projects near their homes 
and are shocked to learn that that they have no recourse because all the planning and zoning rules have been 
followed. The time to act is BEFORE these rules are put in place and that time is NOW! 

The City Council is currently working on an ordinance that changes the zoning rules across the city to allow 
development of 4-6 units on any property in the city, up to 3 stories (35') high. Construction will be "by right" -- 
neighbors will not be notified, and appeals will not be allowed. If a developer chooses to use the State Density 
Bonus, the building could be higher and/or have a larger footprint. What can you do? Educate yourself about the 
ordinance and let City Council know your concerns. The first reading occurred on July 23,2024 and the changes 
could pass as early as September. City Council promotes this as the best way to address housing needs in our city, 
but there are other options! 

To read the whole proposed ordinance, please go to the City of Berkeley website, City Council meeting agenda, July 
23, 2024: https://berkeleyca.gov/sites/default/files/documents/2024-07-23%20Special%20330%20Item%2001%20Zoning%20Ordinance%20and%20General%20-%20Supp%202%20Planning.pdf

Five-story Density Bonus project next to one story apartment 


 

Here are some facts: 

  1. The proposed changes allow a property owner (or developer who owns the property) anywhere in the city to 
    tear down an existing home and replace it with a 3 story (35 ft high) building with no notification of the 
    neighbors and no appeal. Depending on the final decisions of the Council, the building could go right up to 
    the sidewalk and/or to the side property lines. 

  2. Do not mistake "Middle Housing" for Middle-Income Housing. Councilmember Kesarwani's July 22 
    Newsletter states that these homes are "affordable by design," but there is no requirement for any unit to 
    be offered at below market rate rents in any construction up to stories. All units can be offered at market 
    rate unless the State Density Bonus is used. 

  3. Past racism is being used to justify why all neighborhoods need to have the same zoning standards, but the 
    current zoning code already allows up to 4 units on any property in the city. Formerly red-lined 
    neighborhoods in South and West Berkeley will likely continue to bear the brunt of new construction as 
    properties in the hills and North Berkeley are too expensive and too physically sloped to make more 
    construction feasible. 

 

Two-story construction currently allowed, 4' from the property line, what will the new zoning allow? 

  1. No one has studied the environmental impacts of this proposal. The last environmental impact report done 
    was based on an increase of 9,000 units over the next 6 years. This ordinance hopes to result in even more 
    units being built but does not study the impact this will have on our city infrastructure or safety. The 
    Disaster and Fire Commission is working with the fire department to develop an evacuation plan that will be completed in NovemberIf the up-zoning ordinance passes, the city will not be able to enact any recommendations that limit density. 

  2. The City Council called for community workshops to explain these issues to Berkeley residents, but nothing 
    has been scheduled yet. When will these be scheduled? 

Write to Council@BerkeleyCA.gov and demand a public meeting about this important change to 
zoning rules. When candidates ask for your vote this fall, find out where they stand on this issue! 

Berkeley Neighborhoods Council is a 501 (c)3 organization committed to giving neighborhoods a voice in our city government. 
Come to our September 14,2024, meeting on Zoom, or visit our website, BerkeleyNeighborhoodsCouncil.com for more 
information and to get more involved.