Build a Better Berkeley is a collaboration of Berkeley residents dedicated to expanding housing opportunities while maintaining a livable city.

Our goal is a realistic plan that moves us sensibly into the future. 

We wanted to make sure that residents were fully informed about the massive up-zoning in the Middle Housing plan just passed by the City Council—and to have the opportunity to debate the pros and cons of the proposed changes.

We did not succeed in preventing the proposal from passing. The City Council ignored over 1200 Berkeley residents who signed our petition. But if there is enough commitment from the community, we can fight the just-passed ordinance with an initiative.

Berkeley Missing Middle Housing

Build a Better Berkeley

On July 8 the Berkeley City Council finalized passage of the “Missing Middle Housing Ordinance”. It allows for a dramatic increase in the density of housing on small lots (8+ units). This is the largest change to the Berkeley Zoning Ordinance in 60 years. Wouldn't you like to know more about what the city just committed us to?

What will the Middle Housing Ordinance do and not do?

Effects of the “Original” Middle housing proposal are shown in normal font.
Amendments made 24hrs before the June 26 Special Council Meeting are shown in blue italic.

  • The one thing that it will not do is provide housing for middle income residents. "Middle Housing" refers only to density (multiple family units on a lot). It has nothing to do with providing affordable housing!

  • Previous zoning allowed for lots to contain 2 units (for zones R-1, R-1A, or R-2) and 3 units (for zone R-2A). The Middle Housing proposal allows (depending on the zone) 5 to 7 units on these standard size lots.
    With the new amendments, the zoning density has been increased to 70 units/acre in all of these residential zones. This corresponds to 8 units on a typical 5000 sq. ft. lot, not including additional allowed ADUs. With the state mandated density bonus, if one small affordable unit is included, the number of allowed units increases to 12 and the height to 50+ feet.

  • Setbacks (the distance of the house to the property line) can be reduced to as little as 5’ in the front or rear.

  • Multiple houses on the same lot can be as little as 5’ apart.

  • The new allowed height will now be 35’ for the entire house if it is 15’ from the rear property line. Previous zoning allowed a 28’ average height, encouraging the building of houses with sloped roofs that look like the rest of your neighborhood.
    With the new amendments, the height limit has been increased to 38’ if a “peaked roof” is included.

  • There is no provision for any additional parking to go with the additional units.

  • The new allowed lot coverage will now be 60% of the property. Previously, depending on zoning and the number of stories, lot coverage was 35-45%.

  • The actual lot coverage can be significantly higher than 60%. ADUs are not included in the density or the percent coverage calculations.

  • Required open space for multiple unit development has generally decreased. Previous zoning specified a “usable open space”  minimum of 400 sq ft/dwelling unit. The Middle Housing Ordinance changes the calculation to be based on floor area: 150 sq ft/ 1,000 sq. ft. of Gross Residential Floor Area.
    Previously, four units of 1000 sq ft each for example, would require a total of 1600 sq ft of usable open space. The Middle Housing Ordinance changes the calculation to be based on floor area: 150 sq ft/ 1,000 sq. ft. of Gross Residential Floor Area.  Four 1000 sq ft units now only have to provide  a total of 600 sq ft of usable open space. Even doubling the number of 1000 sq ft units to 8 would only require 1200 sq ft of usable open space.

  • The “purposes” of the different zones have been changed to reflect that the City no longer considers open space as important.
    For example, R2A previously had a purpose that included “Make available housing for persons who desire apartment-type accommodations with a maximum of open space;
    R2A is now intended to “Make available housing for persons who desire apartment-type accommodations with open space”;
    Similar but not identical changes were also made in R1 and R2 districts.

  • Current Berkeley code allows the open space requirement to be met by open rooftop areas and up to 50% by balconies. So again, the actual amount of what most people think of as “open space” (front or back yards) is likely to be much less than you expect; in fact it may be zero.

  • All these extra units can now be built with a “Zoning Certificate”. That means no public hearings will happen and appeals are not allowed. Previously, building a new unit would require an “Administrative Use Permit” which can be appealed and a public hearing held if a petition is filed.

  • New Demolition will be allowed with a “Zoning Certificate” if the old building has no tenants and the new building has an increased number of units. That means no public hearings will happen and appeals are not allowed. Currently, demolishing an existing building would require an “Administrative Use Permit” which can be appealed and a public hearing held if a petition is filed.

  • Solar access to neighboring properties will be adversely affected by the increased shade cast by adjacent large buildings. City planners and Council claim this will not be a significant effect.