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Hi Chris,
Our children deserve a chance to live in Berkeley as adults, and tomorrow, July 23, is our chance to take a historic step for their future.
The City Council is scheduled to consider a Middle Housing Ordinance during a Special Meeting TOMORROW, Tues., July 23 to create homes that are more affordable by design for middle- and moderate-income people. Tomorrow’s meeting is the culmination of a nearly four-year process that began in early 2021 when the Council (1) unanimously passed a resolution ending exclusionary zoning and (2) unanimously initiated a planning process for middle housing, such as duplexes, triplexes, fourplexes, or bungalow courts. This is a cause I have championed since 2019 as a solution to our housing shortage and affordability crisis.
Single-family zoning—which historically allowed no more than one home on a lot—was invented in Berkeley’s Elmwood neighborhood in 1916 to exclude people of color and the poor.
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A 1912 Berkeley Highlands pamphlet promoted property in the Berkeley hills as a good investment because of…the restrictions that make it the “cream” of North Berkeley with “No Asiatics or Negroes....”
("Berkeley zoning has served for many decades to separate the poor from the rich and whites from people of color," Berkeleyside, March 12, 2019)
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This class- and race-based housing discrimination created single-family home neighborhoods for the white and wealthy, and neighborhoods of apartment buildings and duplexes for people of color and low-income people, according to Berkeleyside. Berkeley's own Kamala Harris grew up in a West Berkeley duplex in the 1960s and 70s.
To this day, Berkeley’s zoning code reflects class- and race-based gatekeeping, with large swaths of the City zoned as R-1 or R-1H, historically allowing only one primary home on the lot. According to a U.C. Berkeley analysis, single-family zoned areas have been shown to increase racial segregation and income inequality. I want to acknowledge that the state has made strides by allowing up to four units by-right (i.e., without a discretionary approval process) on R-1 and R-1H parcels through state law SB 9 and Accessory Dwelling Unit legislation.
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Throughout Berkeley neighborhoods, one finds charming middle housing like duplexes, triplexes, fourplexes, and bungalow courts—built before they were banned as a result of the 1973 Neighborhood Preservation Ordinance. Since the early 1970s, Berkeley built a total of just 715 homes over the next three decades, with predictable results: our Black population has fallen precipitously by 64 percent (17,609 people) from 1970 to 2020, and the cost of homes has skyrocketed to $1.5 million—shutting out middle- and moderate-income households. We can help more households with modest incomes by lifting our City’s ban on middle housing and offering home options that are more affordable by design for teachers, firefighters, seniors, and kids who grew up in Berkeley but who are now struggling to afford the cost of living here. Significantly, we can do this without investing millions in new deed-restricted affordable housing; we just have to change our zoning rules.
I want to thank our Planning Department staff who have initiated a robust community engagement process over nearly four years. As sometimes happens, the Planning Commission has proposed an ordinance that deviates from the version proposed by our staff. However, both versions of the Middle Housing Ordinance share two key features:
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Maximum of Three Stories. The middle housing cannot be more than 35 feet (or three stories) tall. The building would be required to step down to 22 feet (two stories) within 15 feet of the rear property line to preserve sunlight and rooftop solar access for the neighboring rear property. These height limits are the result of community feedback and a solar access study and will ensure that the new middle housing fits into the existing look and feel of neighborhoods.
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Open Space Requirements. Open space requirements of 150 square feet for every 1,000 square feet of residential floor area, a front-yard setback of 15-20 feet, and lot coverage of no more than 60 percent will ensure that new middle housing has space for trees and greenery.
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Middle Housing Matches the Existing Scale of Our Residential Neighborhoods | |
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Bungalow Court
(Photo: Libby Lee-Egan)
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Duplex
(Photo: Libby Lee-Egan)
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There are two key areas where the Planning Commission and staff differ: application of the zoning rules to the hills and in the maximum number of units allowed. In both cases, the Planning Commission was more permissive than staff, and these will be key discussion points for the Council.
I believe the City Council must take action tomorrow. We are already six months behind the date—December 2023—by which we committed to adopt a Middle Housing Ordinance in our Housing Element Plan submitted to the California Department of Housing and Community Development. After nearly four years and a total of 35 public meetings (including City Council work sessions, Planning Commission meetings, other City Commission meetings, Community Public Workshops, Community Outreach Events, and Community Organization Briefings), I believe the time for Berkeley to embrace inclusionary zoning is tomorrow, July 23.
I believe that the Council is capable of weighing the pros and cons of the Planning Commission proposal versus the staff proposal and arriving at a consensus that delivers more homes for the middle class in a way that is sensitive to wildfire risk in the hills. The first 27 pages of the Council item provide further details on the proposal.
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Shorter Version to Share with Friends and Neighbors:
The City Council is scheduled to consider a Middle Housing Ordinance during a Special Meeting TOMORROW, Tues., July 23 to create homes that are more affordable by design for middle- and moderate-income people. Single-family zoning—which historically allowed no more than one home on a lot—was invented in Berkeley’s Elmwood neighborhood in 1916 to exclude people of color and the poor. We can help more households with modest incomes by lifting our City’s ban on middle housing and offering home options that are more affordable by design for teachers, firefighters, seniors, and kids who grew up in Berkeley but who are now struggling to afford the cost of living here. The proposed rules limit development to three stories and require open space, including front yards. To share your thoughts, e-mail: cou...@berkeleyca.gov.
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I always welcome your input. You can attend the Special Council Meeting TOMORROW, Tues., July 23 beginning at 3:30 p.m. in person (1231 Addison St.) or via Zoom. And always feel free to contact me: rkesa...@berkeleyca.gov or 510-981-7110.
I look forward to updating you on other city matters in my August newsletter.
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For updates on community issues and links to City information resources, please visit my website: www.rashikesarwani.com.
This site is also where you can find an archive of all of my newsletters to date.
To sign up to receive future newsletters, please click HERE.
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