It’s called the Corridor Zoning Update (CZU)
The plan to allow for at least 8-12 story high rises on North Shattuck, Solano Ave and College Ave poses a serious threat to the small businesses that so many people prize about Berkeley and are a big part of the city’s economic engine. With no required parking for residents and displaced businesses gone forever, with minimal if any ground floor commercial space. You can say goodbye to the human scale that promotes a sense of community and human interactions.

Take a look at the block-sized hole in the ground across from the Main Library, and the boarded up storefronts on Center Street.

First there is the obvious way—the location will be physically destroyed if a high-rise is to be built, taking the shop with it. Experience has shown that it is rare that these businesses successfully relocate down the street.

Then there are the less obvious ways.
Customers are reluctant to visit a business if they have to deal with massive nearby construction with its attendant dirt, noise, blocked sidewalks, lack of parking, and general unpleasantness.

Business owners are reluctant to sign on to long term leases if there is the threat of massive disruption caused by the nearby high-rise construction.

Business owners will not make necessary investments in their businesses when there is uncertainty that the rezoning will bring.

Property owners are reluctant to grant long term leases if they can cash out on the possibility of the huge increases in property values that they can capitalize on from current or future rezoning efforts.

No!
In fact, the CZU will create fewer affordable housing units.

To understand this, the magic words to learn are State Density Bonus.

Here’s how the density bonus works: State law lets developers exceed height limits and build twice the number of units on a given lot than local zoning allows, if and only if they include a specific amount of affordable housing in their buildings. No below market rate housing, no extra height allowed.‍

There is a construction “sweet spot” at 7-8 stories, above which materials and construction methods are more expensive. With current zoning limits of 2-3 stories, a developer can’t get to the sweet spot without including below market rate units in order to trigger the density bonus.‍ ‍

This is what happened recently at the site of the “Poulet” building on Shattuck and Virginia. With a 3-story height limit, a building of 8 stories was approved because in order to build to that height, the developer was forced by the state density bonus law to provide some affordable housing.

Rather than keeping existing 2-3 story limits and encourage builders who want to go higher to include affordable housing in their buildings, council members have stated that they favor giving away the sweet spot by making a blanket 7-story height limit throughout all the shopping districts. The result? Not a single unit of below market rate housing will be required.

It doesn’t work.

“Filtering” is the current trendy term used by YIMBYs for “trickle down”, applied to affordable housing. The claim is that if we build enough market rate housing, folks will move out of their current housing, which will then magically become affordable to those people who can’t possibly afford to live in Berkeley.

If this sounds silly, it’s because it is. The recent academic study by highly respected researchers at UC Berkeley, University of Toronto, Georgia Institute of Technology, and UCLA shows that “…[It] is unrealistic to think that we can deregulate and build our way out of the affordability crisis with market rate housing...in any reasonable time frame." (An easy-to-read summary has been published). The study argues that the upzoning can make gentrification and displacement worse, and under the most optimistic assumption, any filtering will take about 20 years, and using more realistic assumptions, 100 years or more.

That is an interesting question.

Council members and planners have indicated that if an area is zoned for 7 stories, a 100% density bonus would result in buildings that are about twice as high—14 stories. Maybe, but maybe not!

On Shattuck and Virgina, at the site of the old “Poulet Building” with 3 story zoning, the new planned building will be 8 stories.

At 2029 University, University,  in an area zoned for 75 ft, nominally 7 stories, a 256 ft, 23 story building was approved using the state density bonus laws, and the city was powerless to stop it, even if the council wanted to (which they most assuredly did not!).

If it can happen on University Avenue, it can happen on Solano, College, North Shattuck, San Pablo— anywhere where a 75 ft height limit is put in effect. The final details of the CZU, which are still being worked out, will determine how likely this is to happen. Unfortunately, most of the council members have demonstrated that the only thing that matters is increasing the number of housing units. Dissenting opinions are met with denigrating and demeaning comments during public meetings.

The only way to prevent buildings higher than 7 or 8 stories and to provide a modicum of affordable housing is to keep the existing zoning of 2-3 stories in the commercial districts. If developers want to build to higher stories, let them provide at least a modicum of affordable housing. Berkeley residents have said loudly and clearly that that is what they care about.

• Write to your mayor and the city council (council@berkeleyca.gov) and tell them to keep the current 2-3 story zoning in the corridors, ensuring that taller buildings will contain affordable housing,

• Attend City Council meetings and make your voice heard.

• Make sure we have your current email address. We will keep you informed. If the council passes the CZU, there will likely be a referendum to attempt to overturn it.