Berkeley insists on passing laws that go way beyond already far-reaching and extreme state requirements. – Single family zoning was eliminated in all cities in California, including Berkeley, as of September, 2022 due to state law SB9. Rather than waiting to see how that would play out, our City Council passed the Middle Housing Ordinance, which went way beyond the requirements dictated in SB9. This and other actions of the Council degrade the livability of our city and our environment, while at the same time disrupting our neighborhoods and invite gentrification.

Details

Berkeley's Middle Housing Ordinance(MHO) specifies a density of housing on small lots that is much greater than is required under current state law.

California SB 9 (Statewide Law):

  • What it allows: Up to four units.

    1) Lot splits (creating two parcels)
    2) Building duplexes on those parcels, potentially allowing up to four units (two per lot).

  • Approval: No public hearings or discretionary review.

  • Focus: Effectively eliminating single family zoning. Increasing housing supply by changing zoning rules for small developments.

Berkeley's Middle Housing Ordinance (Local Ordinance - Effective Nov 1, 2025):

  • What it allows: Up to 8-unit 3-story buildings (on typical lots in most areas, including existing single-family zones) consisting of duplexes, triplexes, courtyard apartments, and small multi-family buildings.

  • Approval: No public hearings or discretionary review.

  • Focus: Creating greater density with more types of housing (not just ADUs or duplexes) on existing lots.

    Key Differences: The MHO exempts very high fire severity zones such as the Berkeley Hills, but allows for larger 3-story, 8-unit structures in any residential area elsewhere, compared to the duplex focus of SB 9. No public hearings or design reviews are required for these MHO-allowed structures. When density bonuses are added in, structures can be 4 to 6 stories , with more units. Density is capped at 70 dwelling units/acre without the density bonus and up to 140 dwelling units/acre with the bonus, as opposed to the previous 10 units/acre in areas that were zoned for single family homes. Lot coverage can be 60%, and with the addition of ADUs, even higher.

    SB9 eliminates parking requirements if the parcel is within one-half mile of a major transit stop. Berkeley has eliminated parking requirements for all non-fire-exempt parcels through-out the city.

The result is less open space; houses closer together; smaller yards or none at all; fewer trees, gardens and other amenities. With less ground for water percolation in storms, there will be more polluted runoff into the bay and likely more flooding in low-lying areas. Biodiversity is likely to be affected as urban heat islands and wind tunnels are created. And it will all occur without any significant effect of affordability, as the cost of land goes up because of the new speculative opportunities for development.