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:
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.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 3 stories. All units can be offered at market
rate unless the State Density Bonus is used.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?
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 November. If the up-zoning ordinance passes, the city will not be able to enact any recommendations that limit density.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.