Passed the Middle Housing Ordinance to allow for a dramatic increase in the density of housing on small lots. Your neighbor can now sell their home to a developer who can demolish the existing structure and build in its place a three-story 8-unit (or 5-story 12-unit with the density bonus) apartment building within as little as 5 feet for a front or rear setback, with coverage of up to 60% of the lot. You are required to receive a notice 10 days before such action, but there is nothing you can do about it: there will be no previous hearing or review of the project nor any right for appeal. This entire process will be handled administratively without any input from neighboring properties.
Details
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 affordability!
State law already allowed at least 4 housing units on an old single-family lot. The city’s new Middle Housing Ordinance allows 8 units, plus additional dwelling units (ADUs) which are not included in the unit count.
With the density bonus, up to 12 units are allowed on a typical lot. (ADUs will add more units.)
Setbacks (the distance of the house to the property line) can be reduced to as little as 5’ in the front or rear. Previous zoning required 15-20’ in front and rear.
Multiple houses on the same lot can be as little as 5’ apart. Previous zoning required 8-16’.
The new allowed height will now be 35’ for the entire house if it is 15’ from the rear property line. Previous zoning allowed for a 28’ average height, encouraging the building of houses with sloped roofs that look like the rest of your neighborhood.
With the density bonus, heights up to ~52 feet will be allowed.
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, allowed lot coverage was 35-45%.
Since ADUs are not included in the lot coverage calculations, the actual coverage can significantly exceed 60%.
Previous zoning specified a “usable open space” minimum of 400 sq ft/dwelling unit. The Middle Housing Ordinance requires open space of 150 sq ft/ 1,000 sq. ft. of Gross Residential Floor Area.
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.
All these extra units can be built with a “Zoning Certificate”. That means no public hearings will happen and appeals are not allowed. Previously, building a new unit required an “Administrative Use Permit” which could be appealed and a public hearing held if a petition were 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. Previously, demolishing an existing building required an “Administrative Use Permit” which could be appealed and a public hearing held if a petition were filed.
Solar access to neighboring properties will be adversely affected by the increased shade cast by adjacent large buildings. Previously, residential additions could not “unreasonably obstruct sunlight, air, or views”.