Berkeley City Council
April 29, 2025

Internal
Implement Residential Preferential Parking (RPP) Program on the PUBLIC HEARING 1500 Block of Virginia Street April 29, 2025

Attachments:

1. Resolution

2. Public Hearing Notice

3. Map of Street Section Opting Into the RPP Program

Internal
RESOLUTION NO. ##,###-N.S.

IMPLEMENT RESIDENTIAL PREFERENTIAL PARKING (RPP) PROGRAM ON

VIRGINA STREET BETWEEN CALIFORNIA AND EOLA STREETS
WHEREAS, Berkeley Municipal Code Section 14.72.050.A.1, Designation of a Residential Preferential Parking (RPP) Area, allows residents to petition the City to "opt- in" or "opt-out" of the program and requires submittal of a petition containing signatures of residents of at least 51% of residentially zoned parcels on the affected block; and WHEREAS, residents of at least 51% of the dwellings on the following block has petitioned to “opt-in” to the RPP Program:

1. South side of Virginia Street between Eola Street and California Street (1528-1546 Virginia Street);
WHEREAS, staff has conducted field observations and determined at least 75% of available on-street parking spaces are occupied during the mid-morning and mid- afternoon time periods; and
WHEREAS, the designation of these blocks as a residential permit parking area will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing in the area designated.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the following subsection of Section 25 of Resolution No. 56,508-N.S. are hereby added to read as follows:

Section 25P VIRGINIA STREET, south side between Eola Street and California Street

Internal

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

EXTEND RESIDENTIAL PREFERENTIAL PARKING PROGRAM TO
1500 BLOCK OF VIRGINIA STREET BETWEEN CALIFORNIA AND

EOLA STREETS
The Department of Public Works is proposing to conduct a public hearing and, if recommendations are approved, adopt a Resolution amending Section 25P of Resolution No. 56,508-N.S. by adding a subsection to extend residential preferential parking on the south side of the 1500 block of Virginia Street between Eola Street and California Street.

The Residential Preferential Parking (RPP) Program allows for residents to petition the City to "opt-in" or "opt-out" of the Program. Complying with program requirements, residents of the block under consideration for opting into the RPP Program have submitted the qualifying signatures on a petition and also have at least 75% of the curb spaces occupied during the morning and mid-afternoon observation periods. Adding a block within the existing residential study area boundaries through evaluations by an EIR study certified on September 27, 1988, and in accordance with California Environment Quality Act (CEQA) guidelines, are categorically exempt as defined by Section 15.162(c).

The hearing will be held on April 29, 2025 at 6:00 p.m. in the School District Board Room located at 1231 Addison Street, Berkeley, CA 94702.

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of April 17, 2025. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

For further information, please contact Elliott Schwimmer, Senior Planner at (510) 981- 7066. Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please

Internal

contact the City Clerk at (510) 981-6900 or [email protected] for further information.

Posted by: April 19, 2025 - Pursuant to Berkeley Municipal Code Chapter 14.72 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on April 17, 2025
__________________________________
Mark Numainville, City Clerk

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

PUBLIC HEARING
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Zoning Ordinance and General Plan Amendments Relating to Middle Housing

RECOMMENDATION
Conduct a public hearing, and upon conclusion:

1. Adopt an ordinance amending Berkeley Municipal Code Title 23 (Zoning Ordinance) and the Zoning Map, for the purposes of encouraging development of “middle housing” in areas currently zoned R-1, R-1A, R-2, R-2A and MU-R (“low-density residential districts”), with an effective date of September 1, 2025; and

2. Adopt a Resolution amending the General Plan for the same purpose.

SUMMARY
The proposed ordinance (Attachment 1) includes zoning changes to encourage the development of Multi-Family Residential Uses in the R-1, R-1A, R-2, R-2A and MU-R zoning districts, as directed by City Council at its meeting on July 23, 2024, and recommended by the Planning Commission. The proposed changes include:
 Permitting Single-Family Residential and Multi-Family Residential uses with a Zoning Certificate (ZC).
 Consolidating the R-1A and R-2 zoning districts.
 Revising development standards related to building height, lot coverage and setbacks, to permit larger residential buildings.
 Establishing new minimum and maximum density standards.  Revising requirements related to Residential Additions and additional bedrooms;  Regulating the size of new single-family homes on a single lot.  Permitting demolition of single-family homes with a ZC if they are part of a project that includes a net increase in units.
 Authorizing the Zoning Officer to attach Standard Conditions of Approval to projects approvable with a ZC.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

To provide adequate time for staff to prepare the necessary forms, public information materials, and internal processes needed to implement the proposed ordinance, as well as to conduct staff training and update the Fee Schedule, staff recommends an effective date for the proposed ordinance of September 1, 2025.

FISCAL IMPACTS OF RECOMMENDATION
The proposed zoning changes are intended to increase the development potential of properties in low-density residential districts. This could result in higher property tax revenues. Additionally, the Berkeley Unified School District Facilities Fee could be expected to generate increased revenues.1 However, the proposed zoning changes also include revisions that would streamline project approvals, which could reduce staff review times and accompanying fees.

CURRENT SITUATION AND ITS EFFECTS
In January 2023, the City Council adopted the 2023-2031 Housing Element Update.

The Housing Element Update includes Program 29—Middle Housing, in which the City Council committed to amend the zoning code to allow multi-unit development on single lots in the low-density residential districts.

City Council Meeting – July 23, 2024
At its meeting on July 23, 2024 (Attachment 3), the City Council held a public hearing to consider the Planning Commission’s recommendation for an ordinance amending Title 23 to facilitate the production of middle housing in low-density residential districts.

Upon conclusion of the public hearing, City Council provided the following direction to staff:
 Prepare a Middle Housing Zoning ordinance that:
o Exempts the Hillside Overlay Zone and Environmental Safety-Residential (ES-R) zoning district;
o Includes a maximum density per acre standard;
o Regulates the size of one new primary unit on a lot;
o Establishes a maximum height standard of 35 feet or 3 stories; o Establishes setback standards that require the sum of the front and rear setbacks to be at least 20 feet, with a minimum of five feet in the front and five feet in the rear; and
o Includes neighborhood noticing requirements.
1 $5.17 per square foot for new residential development and residential additions resulting in an increase of assessable space in excess of 500 square feet, and $0.84 per square foot for new commercial and industrial spaces.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

 Perform a thorough General Plan analysis to ensure that the proposed zoning amendments are consistent with the General Plan, and bring forward any necessary amendments;
 Provide the opportunity for community workshops throughout the city; and  Provide the following information in a revised staff report:
o An analysis of how the proposed zoning amendments interface with the Mini-Dorm ordinance and the potential for more mini-dorm configurations; and
o An analysis of how the proposed zoning amendments conform to the Demolition Ordinance.

In addition, this staff report includes additional information on other topics raised by City Council at its July 23, 2023 meeting, including:
o Charging stations;
o Land value recapture;
o Review of the original City Council referrals on Middle Housing; and o Middle Housing and affordable housing.

Revised Middle Housing Zoning Ordinance
Table 1 summarizes the proposed zoning amendments, along with a brief rationale for each change. Many of the proposed amendments in Table 1 were presented to City Council at its July 23, 2024 meeting. The rightmost column (“Changes from July 2024 Meeting”) identifies sections of the Ordinance that were revised to respond to City Council direction from the July 23, 2024 meeting in bold. Entirely new sections are also indicated in bold.

An annotated version of the proposed ordinance, which indicates the rationale for each change in the ordinance itself, is included as Attachment 2.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

TABLE 1 SUMMARY OF PROPOSED MIDDLE HOUSING ZONING AMENDMENTS Ord.

Sect.

BMC Section &
Title
Description of Changes Rationale Changes from
July 2024
Meeting
Title 23, Division 1 – General Provisions
1 23.108.020
Zoning Districts
 R-1A district removed.
 R-1, R-2, and R-2A
renamed.

Conforming
edits.

No changes.

Title 23, Division 2 – Zoning Districts
2 23.202.020
Allowed Land Uses
Table
 R-1A district removed;
 Two-Family land use
type removed.
 Multi-Family
Residential land use
type revised.
 Single Family and
Multi Family
Residential permitted
with a ZC in the R-1,
R-2, and R-2A zoning
district.
 Supportive housing
and low barrier
navigation centers
permitted with a ZC in
the R-1 zoning
district.

Permitting
middle housing
by-right.

Compliance with
State law (Gov.

Code § 65651)
Maintains
UP(PH)
requirements
in the Hillside
Overlay.

Includes new
references to
noticing
requirements
and size
limitations on
single-family
homes.
3 23.202.030
Additional Permit
Requirements
 All Residential
Additions permitted
with a ZC in R-1, R-2
and R-2A zoning
districts.

Promoting
middle housing.

No changes.
4 23.202.030
Additional Permit
Requirements
 R-1A district removed.
 All requirements for
additional bedrooms
removed.

Conforming edit.

Promoting
middle housing.

New
exemption
added to
reflect state
law
requirements
(AB 916)
5 23.202.040
Additional Permit
Requirements
 Restrictions on the
size of new single-
family dwellings on
one lot.
 Noticing
requirements for
new dwelling units.

Per City
Council
direction at July
23, 2024
meeting
New section.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

6, 7 23.202.050
R-1 Title and
District Purpose
 R-1 renamed.
 District purpose
revised.

Clarifying that R-
1 is not a single-
family only
district.

No changes.
8, 9 23.202.050
R-1 Development
Standards
 Development
standards revised:
o Height.
o Setbacks.
o Lot Coverage.
o Minimum and
maximum
density.
o Open space.

Promoting
middle housing.

Provides
separate
development
standards for
inside and
outside
Hillside
Overlay Zone.

Includes
updated
height,
setback and
maximum
density
standards.
10 23.202.060
R-1A District
 R-1A district removed. Merging of R-1A
and R-2 zoning
districts.

No changes.
11, 12 23.202.080
R-2 Title and
District Purpose
 R-2 district renamed.
 District purpose
revised.

Conforming edit. No changes.
13 23.202.080
R-2 Development
Standards
 Development
standards revised.
o Height.
o Setbacks.
o Lot Coverage.
o Minimum and
maximum
density.
o Open space.

Promoting
middle housing.

Provides
separate
development
standards for
inside and
outside
Hillside
Overlay Zone.

Includes
updated
height,
setback and
maximum
density
standards
14, 15 23.202.090
R-2A Title and
District Purpose
 R-2A district
renamed.
 District purpose
revised.

Conforming edit. No changes.
16 23.202.090  Development
standards revised.

Promoting
middle housing.

Provides
separate

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

R-2A Development
Standards
o Height.
o Setbacks.
o Lot Coverage.
o Minimum and
maximum
density.
o Open space.
development
standards for
inside and
outside
Hillside
Overlay Zone.

Includes
updated
height,
setback and
maximum
density
standards
17-34 Various  Renumbering. Renumbering. No changes.
35 23.204.020
Allowed Land Uses
in the Commercial
Districts
 Revising residential
use type titles.

Conforming
edits.

No changes.
36 23.206.020
Allowed Land Use
in Manufacturing
Districts
 Two-Family land use
type removed.
 Multi-Family
Residential land use
type revised.
 100% residential
projects permitted
with a ZC in the MU-R
district.

Permitting
middle housing
by-right in the
MU-R.

No changes.
37 23.206.030
MU-R Additional
Permit
Requirements
 Allow Major Additions
with a ZC.
 Provisions
conditioning
residential uses in the
MU-R district
removed
 Noticing
requirement for new
units.

Permitting
middle housing
by-right in the
MU-R.

Noticing
requirement
for new units
added.
38 23.206.090
MU-R Development
Standards
 Development
standards revised.
o Height.
o Setbacks.
o Lot Coverage.
o Minimum and
maximum
density.

Promoting
middle housing.

Maximum
density
standard
added.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

o Open space.
39 23.210.020
Hillside Overlay
Zone
Development
Standards
 R-1A district removed; Conforming edit. No changes.

Title 23, Division 3 – Citywide Provisions
40 23.304.030
Setbacks
 R-1A district removed. Conforming edit. No changes.
41 23.304.030
Allowed Setback
Reductions
 R-1A district removed.
 Revised minimum
setback with reduction
to 4 feet in the R-2
and R-2A zoning
districts.
 Setback reduction
allowed on smaller
lots.

Conforming
edits.

Provision
added to
permit
reduced rear
setback
requirements
on small lots.
42 23.304.040
Permits Required
for Building
Separation
 R-1A district removed. Conforming edit. No changes.
43 23.322.100
On-site Loading
Spaces
 R-1A district removed. Conforming edit No changes.
44 23.324.050
Conforming and
Nonconforming
Structures or
Buildings
 Provision added to
allow a residential
addition to a single-
family home in the
R-2A without
triggering minimum
density requirement
of two units.

Encourage
adding living
space to
existing
dwelling units.

New
provision.
45 23.326.030
Eliminating
Dwelling Units
through
Demolition
 Dwelling Unit
corrected to
Residential Unit
Technical edit
added during
ordinance
review.

New technical
edit.
46 23.326.030
Eliminating
Dwelling Units
through Demolition
 Demolition of single-
family dwellings
permitted with a ZC, if
project results in
increased density.

Promoting
middle housing.

No change

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

Title 23, Division 4 – Permits and Administration
47 23.406.020
Zoning
Certificates
 Authorizes Zoning
Officer to attach
Standard Conditions
of Approval to
projects approvable
with a Zoning
Certificate.

Ensuring
compliance
with existing
regulations.

New
provision,
recommended
by Planning
Commission
Title 23, Division 5 – Glossary
48  Revised definition of
Multi-family Dwelling
from three or more
units to two or more
units.
 Define Multi-Family
Residential land use
type.

Promote middle
housing.

Conforming edit.

Language
added to
clarify that
definition
does not
include ADUs
or JADUs.
49  Remove definition of
rear main building.
 Renumbering
Conforming edit. No change.
50  Add Single-Family
Residential land use
type.

Conforming edit. Language
added to
clarify that
definition
does not
include ADUs
or JADUs.
51 23.502.020
Defined Terms
 Remove definition of
Two-Family Dwelling.

Conforming edit. No changes.

Administrative Provision
52  Set an effective date
of the Ordinance of
September 1, 2025
Implementation. Provide time
for staff
training and
developing
administrative
processes.

Zoning Map
Att. A Zoning Map  Replace all R-1A
zone labels with R-2.

Conforming edit. No changes.

Descriptions and discussion of items indicated in Table 1 as “no changes” are included in the staff report for City Council’s July 23, 2024 meeting (Attachment 3). New provisions—those that are bolded in Table 1—are described below.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

Permits and Levels of Discretion (Attachment 2, Section 1) Current Policy: Table 2 includes the current permit requirements in the low-density residential districts for residential projects that include dwelling units.

TABLE 2 CURRENT PERMIT REQUIREMENTS
R-1 R-1A R-2 R-2H R-2A MU-R
Single-Family UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) AUP
Two-family NP UP(PH) UP(PH) NP UP(PH) AUP
Multi-Family NP NP UP(PH) NP UP(PH) AUP or
UP(PH)
AUP: Administrative Use Permit; UP(PH): Use Permit with a Public Hearing; NP: Not Permitted Proposed Standard: The proposed zoning amendments would combine Two-Family and Multi-Family Residential uses into a single Multi-Family Residential use type, which would apply to all projects with two or more units.

Single-Family or Multi-Family Residential projects located outside of the Hillside Overlay Zone that comply with all objective standards would be permitted with a ZC; no discretionary permit or public hearing would be required. The proposed standards would not change any permit requirements for Group Living Accommodation or Mixed-Use Residential uses in these zones.

Proposed residential projects in the R-1H, R-2H, and R-2AH zoning districts would continue to be subject to a UP(PH) requirement. Note that Multi-Family Residential uses in the R-2H zoning district would not be permitted, per BMC Section 23.210.020(B)(2).2 Table 3 summarizes the recommendation:

TABLE 3 PROPOSED PERMIT REQUIREMENTS
R-1 R-1H R-2 R-2H R-2A R-2AH MU-R
Single-
Family ZC UP(PH) ZC UP(PH) ZC UP(PH) ZC
Multi-Family
Residential ZC UP(PH) ZC NP ZC UP(PH) ZC
2 23.210.020(B)(2): Multiple Dwellings in R-2. When the H overlay zone is combined with the R-2 district, multiple dwellings on a single property are not permitted.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

Additional Bedrooms (Attachment 2, Section 4)
As presented to City Council at its July 23, 2024 meeting, the proposed zoning amendments would remove additional permit requirements for bedrooms that are added to existing dwellings or lots developed with existing residential uses. Currently, BMC Section 23.202.030 requires an Administrative Use Permit (AUP) when adding a fifth bedroom to a lot, and a UP(PH) for adding any bedroom beyond the fifth to a lot. As the proposed ordinance would permit altogether new Multi-Family Residential buildings ministerially, requiring a discretionary review process for an additional bedroom would discourage the conversion or adaptive reuse of existing buildings. Accordingly, additional permit requirements for adding bedrooms in the R-1, R-2, and R-2A zoning districts were removed.

In preparing the revised ordinance, staff has included new language regarding additional bedroom requirements, per AB 916, which restricts local jurisdiction’s ability to limit or control additional bedrooms.

Restrictions on Size of Single-Family Dwellings on a Single Lot (Attachment 2, Section 6)
At its meeting of July 23, 2024, the City Council directed staff to prepare new ordinance amendments to include restrictions on the size of new single-family dwellings on a single lot. The intention of the provision is to avoid encouraging large single-family homes under the new proposed development standards that streamline residential approvals and permit more development on a lot.

The City Council's direction included limiting the size of new single-family homes on a single lot to 2,500 square feet, or 50% of the lot area, whichever is larger. In addition, the City Council direction included a provision to exceed these size limitations with an AUP. To issue an AUP, specific findings must be made, and this section includes findings tailored to the policy intent of generally avoiding large single-family homes while permitting larger single-family homes in specific cases.

Noticing Requirements (Attachment 2, Sections 6 and 38) At its meeting of July 23, 2024, the City Council directed staff to prepare new ordinance amendments to include noticing requirements for residential projects that could be approved with a ZC. The proposed zoning amendments include these requirements, which are modeled on the current neighborhood notification requirements for ADUs, and would apply to projects proposed in the low-density residential districts. There are no proposed changes to existing requirements for projects proposed on lots in the Hillside Overlay district.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

Development Standard Revisions
The following sections of this report summarize changes to the development standards in the low-density residential districts. The proposed development standards reflect the overall goals of City Council’s referrals and Program 29-Middle Housing of the Housing Element to a) permit more development on a lot; and b) be based on objective standards that cannot be modified with additional permits or discretionary processes.

Per City Council direction from the July 23, 2024 meeting, the proposed zoning amendments include separate development standards tables for parcels within and outside of the Hillside Overlay Zone.

Existing and proposed development standards are summarized in tables in Attachment

4. Density Standard (Attachment 2, Sections 9, 13, 16, and 39) Current Policy: The Berkeley Municipal Code does not include any minimum or maximum density standards for the low-density residential zones that are expressed in “units per acre.” In the R-1, R-1A, R-2, and R-2A districts, density is limited by requirements for a “minimum lot size per unit” standard and by specific residential land use types (e.g. “Single-Family,” “Two-Family”).

Proposed Standard: Table 4 summarizes the proposed density standards expressed in units per acre, and includes the number of units that may result from those standards on a typical 5,000 square foot lot in each zone. These density standards would not apply to lots in the Hillside Overlay Zone.

The minimum density standards included in Table 4 are the same as those presented to the City Council at their meeting of July 23, 2024. The maximum density standards reflect the City Council's direction to staff from that meeting.

TABLE 4 PROPOSED DENSITY STANDARDS
R-1 R-2 R-2A MU-R
Minimum Density
(DU/acre) 10 10 20 20
Maximum Density
(DU/acre) 40 50 60 60
Resulting units on a 5,000 sf lot
Minimum Units 1 1 2 2
Maximum Units 5 6 7 7

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

The proposed density standards do not include any eligible Accessory Dwelling Units (ADUs) or Junior ADUs.

Building Height (Attachment 2, Sections 9, 13, 16, and 39) Current Policy: The Berkeley Municipal Code generally limits average building heights for Main Buildings in most low-density residential districts to 28 feet and three stories, with a possible increase to 35 feet with an AUP. In the MU-R, the maximum height is 35 feet and 3 stories without the need for an additional AUP. Current policy also limits the height of Residential Additions to 14 feet, with a possible increase to 35 feet with an AUP.

Proposed Policy: Per City Council direction at the July 23, 2024 meeting, the proposed development standard for maximum building height for parcels outside the Hillside Overlay zone would be 35 feet. As presented to the City Council at the July 23, 2024 meeting, maximum height would be restricted to 22 feet in the rear 15 feet of a lot.

Existing height standards within the Hillside Overlay Zone would be unchanged.

Minimum Setbacks (Attachment 2, Sections 9, 13, 16, and 39) Current Policy: The Berkeley Municipal Code currently regulates four types of setbacks:
 Front and Rear Setbacks: Front and rear setbacks are 20 feet in the R-1, R-1A, and R-2 zoning districts, and 15 feet in the R-2A zoning district.

In the MU-R zoning district, lots adjacent to a non-residential district have no rear setback, unless they abut a street, in which case a 5-foot rear setback is required. A lot in the MU-R adjacent to a residential district must provide a rear setback of either 10 feet or 10% of the lot’s width, whichever is less.  Interior Side Setbacks: Interior side setbacks are based on building height. The interior side setback is 4 feet at the first story for all low-density residential districts, except the MU-R. At the second story, the interior setback increases to 6 feet in the R-2 and R-2A districts. Interior side setbacks can be reduced to 3 feet (or 5 feet) with a ZC.

In the MU-R district, lots adjacent to a residential district must provide an interior side setback of either 10 feet or 10% of the lot’s width, whichever is less. There are no other interior side setback requirements in the MU-R.  Street Side Setbacks: Street side setbacks are 4 feet in the R-1 and R-1A districts, 10 feet in the R-2 district, and vary by height in the R-2A district (6 feet at first story, 8 feet at second story and 10 feet at third story).

In the MU-R district, lots adjacent to a non-residential district must provide a 5- foot street side setback. Lots adjacent to a residential district must provide a street side setback of either 10 feet or 10% of the lot’s width, whichever is less.

There are no other street side setback requirements in the MU-R.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

The Zoning Officer may approve an AUP to reduce the minimum setbacks in the H Overlay.

Proposed Policy: The proposed development standards are summarized below and would only apply to parcels outside of the Hillside Overlay Zone. There would be no changes to setback requirements for parcels located in the Hillside Overlay zone.  Front and Rear Setbacks: Per City Council direction at the July 23, 2024 meeting, the minimum required front and rear setbacks would be 5 feet.

Additionally, the front and rear setbacks would be required to add up to at least 20 feet. The intention of this policy is to provide flexibility for the placement of structures on a lot, while controlling overall bulk.
 Interior and Street Side Setbacks: The side setbacks in the R-1, R-2 and R-2A zoning districts would be 4 feet. The MU-R would maintain its existing regulations. The proposed standards would also remove existing interior setbacks that increase at upper stories. These existing standards not only reduce available square footage for residential uses, but also result in buildings that are designed with a layered “wedding cake” appearance. These side set back standards are unchanged from the standards presented to the City Council at its July 23, 2024 meeting.

The proposed amendments also include revisions to BMC Section 23.304.030 related to permitted setback reductions. Language was added to permit a reduction in the rear setback on lots that are less than 100 feet in depth.

Conforming and Nonconforming Structures or Buildings (Attachment 2, Section 45) Current Policy: BMC Section 23.324.050(D) includes provisions related to nonconforming structures and requires a Use Permit for a residential addition to that exceeds the maximum allowed lot coverage, floor area ratio, or residential density.

Proposed Policy: The proposed zoning amendments include a minimum density standard in the R-2A zoning district, which would require two units on a typical 5,000 square foot lot. Under current policy, an application for a residential addition to an existing single-family dwelling in the R-2A zoning district could trigger the minimum density requirement, which could result in requiring an applicant to add a unit to their parcel. To avoid this, language is added to this Section to allow an addition to a single- family dwelling in the R-2A zoning district without triggering a minimum density requirement of two units.

Demolition of Single-Family Structures (Attachment 2, Sections 46 and 47) The proposed zoning amendments include a technical change to the recently-adopted amendments to the Demolition Ordinance. In one section, the phrase “dwelling unit” was used, when the phrase “residential unit” should have been used. The proposed

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

zoning amendments have provided an opportunity for City Council to consider this technical change.

Standard Conditions of Approval for Zoning Certificates (Attachment 2, Sections 46 and 47)
Current Policy: Berkeley Municipal Code (BMC) Chapter 23.404.050 (Public Hearings and Decisions) authorizes the City of Berkeley to attach “reasonable conditions to any discretionary permit that it deems reasonable and necessary to achieve consistency with the General Plan and the Zoning Ordinance, as well as to promote public health, safety and welfare.” A discretionary permit includes an Administrative Use Permit (AUP) or a Use Permit Public Hearing (UPPH).

A Zoning Certificate (ZC) is a ministerial approval and projects approvable with a ZC are thereby not subject to the conditioning authority granted by BMC Chapter 23.404.050. A ZC application is reviewed to verify compliance with the Zoning Ordinance, and if the project complies with all applicable requirements, the application is approved. To subject a ZC application to Standard Conditions of Approval, they must be included, or referenced, within the BMC. At its meeting of March 5, 2025, the Planning Commission recommended that the City Council adopt the following amendment (redlined) to the Zoning Ordinance:

E. Review and Action.

1. The Zoning Officer shall review a Zoning Certificate application to verify compliance with the Zoning Ordinance. If the project complies with all applicable requirements, the Zoning Officer shall approve the application.

2. The Zoning Officer may attach to the Zoning Certificate project plans and other information as needed to document project compliance with the Zoning Ordinance.

3. The Zoning Officer may attach to the Zoning Certificate any applicable uniformly applied Standard Conditions of Approval.

Glossary (Attachment 2, Sections 49 and 51)
The proposed zoning amendments include two technical changes to the definitions of Single-Family Residential and Multi-Family Residential land uses. The revisions clarify that neither of these definitions include ADUs or JADUs.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

General Plan Review
At its meeting of July 23, 2024, City Council directed staff to revise the Planning Commission’s recommendation, and, among other actions, directed staff to perform a review of the General Plan to ensure that the City Council’s recommendation was consistent with the General Plan. Staff performed the review and identified additional General Plan amendments, which were presented to the Planning Commission at their October 9, 2024 meeting, per BMC Section 22.04.020.

To ensure conformance between the General Plan and the City Council’s recommendation, staff are proposing amendments to the text of the Introduction, Land Use Element, and Urban Design and Preservation Element of the General Plan, as well as amendments to the General Plan map (Attachment 5).

The tables below summarize the proposed amendments.

Table 5 summarizes the General Plan amendments considered by the Planning Commission at its October 9, 2024 meeting. Two of the amendments are the same as those considered by the City Council at its July 23, 2024 meeting, and three are similar to amendments considered at that meeting, but are revised based on the City Council’s direction.

Table 6 summarizes General Plan amendments that have not been considered by the City Council and are presented here for the first time.

The amendments are discussed in greater detail below.

Table 5 General Plan Amendments Summary – Reviewed July 23, 2024 Element and Section
of General Plan
Summary Rationale
NO CHANGE FROM JULY 23, 2024 CITY COUNCIL MEETING
1 Policy LU-7
Neighborhood Quality
of Life
(Land Use Element)
Removes mention of R-1A Zoning ordinance
amendments merge
R-1A and R-2.
2 Low Medium Density
Residential Land Use
Classification
(Land Use Element)
Removes this Land Use Classification Zoning ordinance
amendments merge
R-1A and R-2, and R-
2 is now more typical
of the Medium Density
Residential
classification.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

3 General Plan Map Revised to remove Low Medium
Density Residential Land Use
Classification.

Conformity with
General Plan text
amendments.

REVISED FROM JULY 23, 2024 CITY COUNCIL MEETING
4 Lower Density
Residential Land Use
Classification (Land
Use Element)
Revisions to density and development
standards. Renaming.
5 Medium Density
Residential Land Use
Classification (Land
Use Element)
Revisions to density and development
standards. Renaming.
6 Mixed-Use Residential
Land Use
Classification
Revision of height standard.

Changed to reflect
City Council
recommendation of
July 23, 2024.

Table 6 General Plan Amendments Summary – New Amendments Element and
Section of General
Plan
Summary Rationale
7 Encourage Infill
Development
(Introduction)
Adds language to note State law
requirements, the Housing Element,
and encouraging infill in low-density
neighborhoods.

Changed to reflect City
Council
recommendation of
July 23, 2024.

8 Improve Citizen
Participation
(Introduction)
Adds language acknowledging State
and local policies that mandate timely
review of housing projects.

Changed to reflect City
Council
recommendation of
July 23, 2024,
particularly permitting
residential development
with a ZC.

9 Page LU-3
(Land Use Element)
Revises language to include areas “in
proximity” to transit corridors.

The Middle Housing
zoning amendments
encourage residential
development in areas
proximate to transit, not
just on parcels on
transit corridors.
10 Page LU-4
(Land Use Element)
Revises language to encourage
“zoning development standards that
are consistent with historic
development patterns that include
smaller multi-family dwellings on a
The Middle Housing
zoning amendments
change existing
development standards

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single lot” in place of “maintaining
existing zoning.”
in residential
neighborhoods.
11 Policy UD-22
Regulating New
Construction and
Alteration
(Urban Design and
Preservation
Element)
Remove section that requires Use
Permits for all residential projects “to
enable the imposition of area sensitive
conditions.”
The Middle Housing
zoning amendments
permit residential
projects with a ZC and
establish objective
standards.

General Plan Amendments: Previously Considered by City Council

1. Policy LU-7 Neighborhood Quality of Life (Land Use Element) The proposed zoning amendments would merge the R1-A and R2 zoning districts. This proposed amendment to the Land Use Element removes a mention of the R-1A zoning district. There are no other proposed changes to this section.

This proposed amendment was included in the agenda packet for City Council’s July 23, 2024 meeting.

2. Low Medium Density Residential Land Use Classification Currently, there are three different land use classifications that characterize the R-1, R- 1A, R-2, and R-2A zoning districts:

1. Low Density Residential for the R-1 and Environmental Safety Residential (ES- R) zoning districts;

2. Low Medium Density Residential for the R-1A and R-2 zoning districts; and

3. Medium Density Residential for the R-2A and R-3 zoning districts.

Staff proposes reducing the number of land use classifications that apply to these districts to two. This is consistent with the City Council’s recommendation to consolidate the R-1A and R-2 zoning districts and to adopt development standards that are largely consistent across these low-density residential zoning districts. Specifically, staff recommends:

 Renaming the Low Density Residential classification to Low Medium Density Residential;
 Assigning the Medium Density Residential classification to the R-2, R-2A and R-3 zoning districts; and
 Including technical edits that reflect the City Council’s recommendation with respect to the names of zoning districts and the proposed development standards.

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These proposed amendments were included in the agenda packet for City Council’s July 23, 2024 meeting.

3. General Plan Map Amendments
Consistent with the recommended General Plan text changes above, the General Plan Map would be amended to a) rename the Low Density Residential classification; and b) expand the Medium Density Residential classification to include the R-2 zoning district.

These proposed map amendments were included in the agenda packet for City Council’s July 23, 2024 meeting.

4.-6. Land Use Classification Amendments: Revision of Standards and Renaming The Land Use Element of the General Plan includes descriptions of each of the General Plans Land Use Classifications. These descriptions include information about the typical zoning districts covered by the Classification, as well as summary information about typical population densities, typical residential densities, and height standards within the Classification.

The proposed General Plan amendments include revisions to three of the Land Use Classification descriptions to reflect the projected population densities, the permitted residential densities, and the permitted height standards in the City Council’s recommendation, as well as the new names for the zoning districts.

The City Council reviewed similar amendments at its July 23, 2024 meeting, which reflected the development standards included in the Planning Commission's recommendation. The proposed General Plan amendments differ, in that they reflect the City Council's recommendation from its July 23, 2024 meeting.

General Plan Amendments, Pursuant to City Council’s July 23, 2024 Meeting

7. Encourage Appropriate Infill Development (Introduction) This section in the Introduction summarizes the General Plan’s approach to infill development, and includes some statements that are incompatible with the Middle Housing zoning ordinance amendments. For example, this section states that the General Plan leaves in place most development standards and zoning created and implemented through previous area plan policies. In fact, the Middle Housing zoning ordinance amendments include significant changes to existing zoning, particularly when compared to the zoning in place at the time of the adoption of the General Plan.

Additionally, this section includes the intent that zoning will encourage housing in the Downtown and along the city's transit corridors, but will not encourage new infill housing in traditionally residential neighborhoods.

The proposed General Plan amendments include statements that infill would also be encouraged in traditionally low density residential neighborhoods, and that State law

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

changes and the adopted Housing Element are also factors that influence infill development in the city. The changes also include removal of the intent to leave in place development standards and zoning in existing residential areas.

8. Improve Citizen Participation (Introduction)
This section in the Introduction summarizes the General Plan’s approach to citizen participation, and includes statements that citizens should be involved in decisions about “anything” that will have an impact on them and their neighborhoods, and that the General Plan mandates “maximum citizen involvement” in all public planning.

The proposed General Plan amendments include modifications to these statements to note that citizen involvement should be maximized “within the context of local and State policies and legal requirements that encourage and mandate the timely review of residential development projects.” The Middle Housing zoning amendments include provisions to allow residential development with the Zoning Certificate, which is a ministerial action, and the proposed General Plan amendments reflect the fact that this policy would be in place with adoption of the Middle Housing zoning amendments.

9. Page LU-3: Transit Corridors
This section of the Land Use Element notes that additional housing development should be encouraged on underutilized sites within the major transit corridors and Downtown.

The proposed General Plan amendments include language that clarifies that housing is to be encouraged on sites within and in proximity to high-quality transit corridors. This reflects broader land use policies regarding transit proximity of new development, as well as including the phrase “high-quality transit corridor” that is common in State law and other local regulations.

10. Page LU-4: Zoning Standards
This section of the Land Use Element describes the intention to maintain existing zoning and development standards in residential areas, and to encourage new housing only along transit corridors and in Downtown.

The Middle Housing zoning amendments include changes to the residential development standards in place at the time of the adoption of the General Plan, but also encourage development that is consistent with historic development patterns in Berkeley that include smaller multi-unit structures. The proposed General Plan amendments include statements to this effect, and also specify that high-density residential development, not all residential development, should be focused along transit corridors.

11. Policy UD-22 Regulating New Construction and Alteration This section of the Urban Design and Preservation Element states that the intention of the General Plan is to continue to require Use Permits and public hearings for all residential projects.

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The proposed Middle Housing zoning amendments—as well as various housing development projects permitted under different state laws, such as SB 9 and AB 2011— allow residential development with a Zoning Certificate. Accordingly, the proposed General Plan Amendments remove the section that includes the requirement for Use Permits for all residential projects.

Tribal Consultation and Other California Government Code Requirements for General Plan Amendments
California Public Resources Code § 65352.3 – 65352.4 (Senate Bill 18) requires local governments to conduct meaningful consultation with California Native American tribes on the contact list maintained by the Native American Heritage Commission (NAHC) prior to the adoption or amendment of a city or county general plan, for the purpose of protecting cultural places on lands affected by the proposal.

On July 22, 2024, a letter was sent to the NAHC requesting a current SB 18 Native American Contact List for the vicinity of the project area. The NAHC provided the Contact List on August 5, 2024 and letters were sent to all Tribes included on the NAHC Contact List describing the proposed project and offering consultation, on August 8, 2024. SB 18 provides a 90-day timeframe in which a Tribe can request consultation, which ended on November 6, 2024.

On September 6, 2024, the City received an email from the Confederated Villages of Lisjan, requesting additional information and consultation. Planning Department staff responded to the request on September 6, 2024 and again on September 16, 2024. On October 9, 2024, Planning Department staff held a consultation with representatives of the Confederated Villages of Lisjan. As a result of that consultation, the City agreed to:
 Prepare a map that would indicate known archeological or Tribal Cultural Resources sites in Berkeley, as well as areas where the presence of such resources would be expected (the historic Bay shoreline, or riparian areas near creeks, for instance). Residential projects located in these areas that could be approved with a ZC would be subject to the City’s standing condition of approval for accidental discovery of archeological or Tribal Cultural resources; and  Amend the City’s Standard Conditions of Approval related to archeological, paleontological, and tribal cultural resources, as well as the condition related to the discovery of human remains
Pursuant to SB 18, on March 14, 2025, the City sent letters to all of the Tribes on the NAHC Contact List providing a 45 day comment period on the proposed General Plan amendments. No comments have been received.

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California Government Code § 65352 requires cities proposing General Plan amendments to inform specified public agencies of the proposed actions and provide 45 days for these agencies to provide comments. These agencies include neighboring municipalities, the Berkeley Unified School District, the East Bay Municipal Utilities District, the Bay Area Air Quality Management District, and the Alameda Local Area Formation Commission. City staff sent letters to these agencies on September 26, 2024. No comments were received.

Additional Information Requested by City Council
Charging Stations
BMC Chapter 19.37 includes electric vehicle charging regulations and requirements.

For single family homes and duplexes, at least one parking space per dwelling unit with on-site parking must be equipped with capacities to support a future level 2 EV charging station. In multifamily residential buildings, 5% of available parking spaces must be installed with level 2 EV charging stations, 25% of any parking spaces must be EV ready and 20% of parking spaces must be EV capable. It should be noted that there are no off-street parking requirements for residential uses in the City of Berkeley, except for parcels located adjacent to narrow roadways. These EV charging requirements would apply to any parking spaces provided, but in cases where there are no off-street parking spaces present, there would be no requirement to provide EV charging.

The proposed zoning amendments do not include any changes to these requirements, nor do they include any additional requirements specific to middle housing.

Mini-Dorms
At its meeting of July 23, 2024 members of the City Council requested additional information as to how the proposed zoning amendments interface with BMC Chapter

13.42 (Operating Standards for Mini-Dorms and Group Living Accommodations) and whether the proposed zoning amendments could increase the number of mini-dorm configurations.

BMC Chapter 13.42 applies specific regulations to buildings in the R-1, R-1A, R-2, R-2A and R-3 zoning districts that contain a dwelling unit that is occupied by six or more persons. These regulations include registration with the City of Berkeley, the requirement to hire a property manager in some cases, and the designation of a responsible resident by the occupants of the mini-dorm. Additional regulations relate to public nuisances, parties and other possible sources of neighborhood disturbance. The proposed zoning amendment do not include any changes to these existing provisions or amendments to BMC Chapter 13.42. Any residential development project that meets

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

the applicability standards of BMC Chapter 13.42 would be subject to those requirements.

The proposed zoning amendments include development standards for residential development that increase allowable development and the number of units on an individual parcel. While these development standards do permit more development on a parcel, in the low-density residential districts, the proposed development standards are not inconsistent with the historical development pattern in many of these neighborhoods.

It is not anticipated that the proposed zoning standards would result in the development of mini-dorms at a rate higher than currently observed. Recently, the City of Berkeley has received a number of applications, and has approved, projects that would be characterized as missing middle projects. None of these approved projects have been classified as mini-dorms. Larger Group Living Accommodations, or multi-unit buildings with large numbers of small units, or units with many bedrooms, are more typically proposed along commercial districts and in higher density residential areas.

Demolition Ordinance
On July 9, 2024, City Council adopted amendments to BMC Chapter 23.326 (Demolition and Dwelling Unit Controls). These amendments brought the city's Demolition Ordinance into conformance with State law, and also included a number of Berkeley- specific provisions to protect sitting tenants, preserve affordable housing, and prevent displacement.

The adopted Demolition Ordinance creates a class of units called “protected units,” which include units that are subject to low-income affordable deed restrictions, units that are subject to rent control, or units that are rented by a household at 80% area median income or below, even if otherwise not subject to any rent or price control. The Demolition Ordinance includes affordability requirements for replaced units, as well as rights for sitting tenants.

The proposed zoning amendments include a change to the Demolition Ordinance. The current Demolition Ordinance permits the demolition of a single-family home with an AUP if that home is not tenant occupied and the demolition is included in a project that will result in a net increase in units. Program 29 of the Adopted Housing Element requires the City Council to consider permitting the demolition of single-family homes with a ZC. The rationale for this change is that given that the City of Berkeley is largely built out, middle housing projects will most commonly be the result of redevelopment of existing developed parcels. It would be inconsistent with the City Council's intent to permit the construction of residential uses with a ZC, if a higher level permit were required for the demolition of an existing single family home. Therefore, in that instance where a single family home that is not tenant occupied is part of a middle housing

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

project that will result in more units, that demolition would be allowed to move forward with the zoning certificate.

Aside from this change, there are no substantive amendments to the Demolition Ordinance included in the proposed zoning amendments.

Land Value Recapture
On July 25, 2017, the City Council adopted a Land Value Recapture Policy. This policy requires that land value recapture be included in the preparation and implementation of all area plans, and referred to the City Manager specific action regarding land value recapture in the preparation of the Adeline Corridor Plan, being undertaken at that time.

The proposed zoning amendments are amendments to the zoning code, but are not area plans. Therefore, the land value recapture policy does not specifically apply to the proposed zoning amendments. While it is anticipated that the upzoning of parcels in the low-density residential districts would result in increased property values, the proposed zoning amendments do not include any specific policies or mechanisms to capture any increment of that increase in value. However, on previous occasions, including the upzoning of the Southside Plan Area, the City Council has referred to other existing policies, such as the City’s Inclusionary Zoning requirements, as tools that achieve the goal of land value recapture. The City Council has also indicated that increasing the housing supply is in itself a value to the wider community, and has included the Middle Housing zoning changes as a strategy to affirmatively further fair housing and end exclusionary zoning. The City Council has also modified the City’s Inclusionary Zoning requirements to include exemptions for smaller, Middle Housing projects, indicating that protecting the economic feasibility of these projects is a land use policy goal for Berkeley.

Historic Landmarks and Middle Housing
The proposed zoning amendments allow residential development projects that conform with objective development standards to be approved with a Zoning Certificate.

However, BMC Chapter 3.24.200 states that “any construction, alteration or demolition for which a permit is required” that is “to be carried out on a designated landmark, in a designated historic district or structure of merit” must be approved by the Landmarks Preservation Board. While a ZC is not a permit, a project approved with a ZC needs to obtain a Building Permit, so would be subject to this requirement, if applicable.

The proposed zoning amendments permit the demolition of a single-family home that is not tenant occupied with a ZC if the subsequent project results in a net increase in units.

Additional language has been added to exempt designated landmarks, structures in a designated historic district or structures of merit from this streamlined requirement.

Such projects would be required to obtain the approval of the Landmarks Preservation Commission for a demolition.

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As the Environmental Impact Report for the Housing Element disclosed, “development accommodated by the proposed Housing Element Update, including middle housing and by-right demolition, could adversely affect previously unidentified historic period resource.” Currently, the requirement to obtain a Use Permit to demolish a structure requires properties more than 40 years old to be subject to an Historic Resource Evaluation (HRE), which helps establish whether a property is an historic or cultural resource. If demolition were permitted with a ZC, an HRE would not be required. As a result, some properties that have not yet had their historic or cultural resources status evaluated could be subject to demolition without preservation review.

Review of City Council Referrals on Middle Housing
At its meeting of July 23, 2024, the City Council directed staff to review previous referrals and to respond to any specific questions or requests included in those referrals. Responses to those referrals are included in Attachment 6 of this report.

BACKGROUND
Additional background information on topics including relevant state laws, community engagement and input, and the Planning Commission and City Council review of the proposed zoning amendments can be found in the July 23, 2024 City Council report (Attachment 3).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Housing Element Update EIR
Development projections for this project and all reasonably foreseeable growth resulting from development contemplated by the City’s updated Housing Element were analyzed in the Environmental Impact Report (EIR) for the 2023-2031 Housing Element Update (“Housing Element Update EIR”), which was certified by the City Council on January 18, 2023.3
The Housing Element EIR identified one significant and unavoidable environmental impact related to Cultural Resources (impacts to historic-period resources), one significant and unavoidable impact related to Noise (temporary construction noise), and four significant and unavoidable impacts related to Wildfire (emergency evacuation and response, wildfire risk and pollutant exposure, terrain and slope impacts, and infrastructure). All other environmental effects of the proposed Project can be reduced to less than significant levels through implementation of Standard Condition(s) of Approval and/or recommended mitigation measures. The adoption of the Housing 3 Housing Element Update 2023-2031 Final EIR.
https://berkeleyca.gov/sites/default/files/documents/ATT%202%20FEIR_RTC.pdf

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Element EIR included a statement of overriding consideration that provides reasons the Housing Element could be adopted even though those impacts could occur.

Pursuant to CEQA Guidelines Section 15168(c)(2), a consistency analysis was prepared to analyze the proposed Middle Housing zoning changes in light of the project described in the Housing Element EIR. This analysis did not find any new impacts, or any substantial increase in the magnitude of any previously disclosed impact, nor did it reveal any other significant new information, that was not previously disclosed and analyzed in the Middle Housing EIR. Therefore, no additional environmental review under CEQA is required.

RATIONALE FOR RECOMMENDATION
The proposed ordinance includes the City Council’s recommended zoning ordinance amendments to encourage the development of middle housing in low density residential districts, consistent with Housing Element Program 29—Middle Housing and City Council referrals.

ALTERNATIVE ACTIONS CONSIDERED
During the middle housing policy development process, staff received feedback from both the City Council and the Planning Commission that the middle housing standards should promote the creation of more housing units, and should not simply allow larger unit sizes at low densities. The key trade-off within middle housing is that larger development projects are permitted, with the understanding that these projects contribute to addressing the city's housing shortage by providing more housing units. In response, staff had proposed development standards that would scale based on the number of units included in a proposed project; that is, if a project includes more units, it can be larger.

While the proposed ordinance includes development standards that would permit Multi- Family Residential uses that include more units, they would also streamline the approval of larger Single-Family Residential uses. To address this issue, the City Council had directed staff to add provisions to the proposed ordinance to limit the size of single-family homes that could be approved with a ZC.

Maximum Floor Area Ratio (FAR): While an effective maximum FAR can be calculated based on existing standards for lot coverage and maximum height, the Berkeley Municipal Code does not include a specific FAR standard in the R-1, R-1A, R- 2, and R-2A districts. The City Council had initially provided feedback to staff to consider scaling an FAR standard to increase as the number of units increase on a site, and previous Zoning Adjustments Board and Planning Commission subcommittees have supported standards that encourage the development of smaller or medium-sized, cost-efficient units.

The proposed ordinance does not include any FAR standards. The Planning Commission felt that building size was sufficiently regulated by height, setback and lot

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coverage standards, and that an additional development standard would complicate the project design process and was unnecessary.

Both the Planning Commission and City Council had expressed support for development standards that encourage unit sizes that may be more affordable “by design.” A sliding Maximum FAR standard can be tailored to encourage, at least on paper, an average unit size.

Example: Maximum FAR Standards to Control for Unit Size The proposed ordinance includes development standards related to maximum density, height and lot coverage standards, which on a typical 5,000 square foot lot would result in a maximum project buildout of roughly 9,000 square feet. Maximum development under these standards could result in the average unit sizes, at full build out on a typical 5,000 square foot lot, shown in Table 7.

Table 7 Examples of unit sizes by Zoning District under proposed Ordinance Units on
5,000 sf
Lot
R-1 R-2 R-2A MU-R
1 9,000 sf
2 4,500 sf
3 3,000 sf
4 2,250 sf
5 1,800 sf
6 1,542 sf
7 1,286 sf
Adopting a maximum FAR could disincentivize lower density projects with large unit sizes, in favor of projects with smaller units. For example, the standards shown in Table 8 could help achieve a policy goal of encouraging the development of residential units that are no more than 1,400 square feet in size on a 5,000 square foot lot.

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Table 8. Possible FAR Standards
Utilizing the maximum FAR standards included in Table 7, along with the proposed maximum density, height, and lot coverage standards included in the proposed ordinance, could result in average unit sizes for a typical 5,000 square foot lot shown in Table 9.

Table 9. Examples of unit sizes by Zoning District Utilizing a Scaled FAR standard Units on
5,000 sf
Lot
R-1 R-2 R-2A MU-R
1 3,750 sf Minimum 2 units per lot
2 1,875 sf
3 1,333 sf
4 1,000 sf
5 800 sf
6 1,042 sf 1,250 sf
7 Exceeds
Maximum
Density
Exceeds
Maximum
Density
1,071 sf
A maximum FAR standard can also control height and bulk of a proposed project, and result in additional usable open space. The theoretical projects in Table 9 could all meet their Maximum FAR and Maximum Density without exceeding two stories. A project that would proposed to go higher would need to provide more undeveloped area elsewhere on the lot to meet the Maximum FAR standard.
1-2 units 0.75
3-5 units 0.8
6-7 units 1.5
8 + units 1.75

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING April 29, 2025

CONTACT PERSON
Justin Horner, Principal Planner, Planning and Development, 510-981-7476 Attachments:
1: Ordinance
Exhibit A: Parcels Rezoned from R-1A and R-2
2: Proposed Ordinance, Annotated
3: City Council Report: July 23, 2024
4: Development Standards Tables
5: General Plan Resolution, Text and Map Changes and CEQA Findings A: Maps of existing and proposed General Plan Land Use Diagram.

B: Text of General Plan amendments.

C: CEQA Findings and Statement of Overriding Consideration Att 1 CEQA Consistency Analysis
6: Review of Prior City Council Actions and Referrals Related to Middle Housing 7: Public Hearing Notice

ORDINANCE NO. -N.S.

MIDDLE HOUSING ZONING AMENDMENTS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Table 23.108-1 Zoning Districts within BMC Chapter 23.108.020 is amended to read as follows:

TABLE 23.108-1: ZONING DISTRICTS

DISTRICT

SYMBOL NAME OF DISTRICT
Residential Districts
R-1 Single-Family Residential Multi-Unit 1
R-1A Limited Two-family Residential
ES-R Environmental Safety Residential
R-2 Restricted Two-family Residential Multi-
Unit 2
R-2A Restricted Multiple-family Residential
Multi-Unit 2A
R-3 Multiple-family Residential
R-4 Multi-family Residential
R-5 High Density Residential
R-S Residential Southside
R-SMU Residential Southside Mixed Use
R-BMU Residential BART Mixed Use
Commercial Districts

DISTRICT

SYMBOL NAME OF DISTRICT
C-C Corridor Commercial
C-U University Avenue Commercial
C-N Neighborhood Commercial
C-E Elmwood Commercial
C-NS North Shattuck Commercial
C-SA South Area Commercial
C-T Telegraph Avenue Commercial
C-SO Solano Avenue Commercial
C-DMU Downtown Mixed-Use
C-W West Berkeley Commercial
C-AC Adeline Corridor Commercial
Manufacturing Districts
M Manufacturing
MM Mixed Manufacturing
MU-LI Mixed Use-Light Industrial
MU-R Mixed Use-Residential
Special Districts
S Specific Plan
U Unclassified

Section 2. That Table 23.202-1 Allowed Land Uses in Residential Districts within BMC Section 23.202.020 is amended to read as follows:

TABLE 23.202-1: ALLOWED LAND USES IN RESIDENTIAL DISTRICTS

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations Apply
**Required permits for specific
uses are set forth in the R-BMU
Master Development Permit
(MDP). See 23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU
**

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE PERMIT
REQUIREMENT (E.G., ZC*)
Residential Uses
Accessory Dwelling Unit
See 23.306—
Accessory
Dwelling Units
NP See 23.306—Accessory Dwelling Units
Dwellings
Single-Family Residential
ZC*
UP(PH)
Hillside
Overlay
UP(PH) UP(PH) ZC*
UP(PH)
Hillside
Overlay
ZC*
UP(PH)
Hillside
Overlay
UP(PH)
*

UP(PH) UP(PH) UP(PH)
*
UP(PH)
*
NP

23.202.040(C) and (D)

23.302.070(H)
Two-Family NP UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) NP 23.302.070(H) Multi-Family Residential
ZC*
NP
Hillside
Overlay
NP NP ZC*
NP
UP(PH)
Hillside
Overlay
ZC*
UP(PH)
Hillside
Overlay
UP(PH)
*

UP(PH) UP(PH) UP(PH)
*
UP(PH)
*
UP(P
H) 23.202.040(D)

23.302.070(H)
Group Living Accommodation NP NP NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H) 23.302.070(H)
Senior Congregate Housing NP NP NP NP See 23.302.070.H– Use-Specific Regulations Mixed-Use Residential NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H) 23.302.070(H)
Public and Quasi-Public Uses
Child Care Center UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H) 23.302.070(H)
Club/Lodge UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P 23.302.070(H)

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations Apply
**Required permits for specific
uses are set forth in the R-BMU
Master Development Permit
(MDP). See 23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU
**

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE PERMIT
REQUIREMENT (E.G., ZC*)
H)
Columbaria AUP* AUP* NP AUP* AUP* AUP* AUP* AUP* AUP* AUP* NP 23.302.070.C– Use- Specific Regulations
Community Care Facility See 23.202.040.A– Use-Specific Regulations Community Center UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
Emergency Shelter, 15 beds
or fewer
NP NP NP NP NP NP ZC ZC ZC ZC ZC 23.308-Emergency
Shelters
Emergency Shelter, more
than 15 beds

NP NP NP NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) UP(P
H)

23.308-Emergency
Shelters
Hospital NP NP NP NP NP UP(PH) UP(PH) UP(PH) NP UP(PH) NP Library UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
Low Barrier Navigation Center ZC NP NP NP ZC ZC ZC ZC ZC ZC ZC ZC Nursing Home NP NP NP – UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) NP Park/Playground ZC ZC UP ZC ZC ZC ZC ZC ZC ZC ZC
Public Safety and Emergency
Service UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
Public Utility Substation/Tank UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
Religious Assembly UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
School UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
Supportive Housing NP
ZC* NP NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.302.070.I-Supportive Housing
Commercial Uses
Alcoholic Beverage Service NP NP NP NP NP NP NP NP NP ZC UP(P H)

23.310—Alcoholic
Beverage Sales and
Service
Food Products Store NP NP NP NP NP NP NP NP NP UP(PH)
*
UP(P
H)

23.202.140.B.3– R-SMU
Residential Southside

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations Apply
**Required permits for specific
uses are set forth in the R-BMU
Master Development Permit
(MDP). See 23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU
**

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE PERMIT
REQUIREMENT (E.G., ZC*)
Mixed Use District
Food Service Establishment,
Under 3,000 sq. ft. NP NP NP NP NP NP NP NP NP ZC* ZC* 23.302.070.(E) – Use=Specific Regulations
Food Service Establishment,
3,000 sq. ft. or larger NP NP NP NP NP NP NP NP NP AUP* AUP* 23.302.070.(E) – Use=Specific Regulations
Group Instruction NP NP NP NP NP NP NP NP NP NP UP(P
H)

23.202.150(C) – R-BMU
Residential BART Mixed
Use District
Health and Fitness Facility NP NP NP NP NP NP NP NP NP NP UP(P H)

23.202.150 (C) – R-BMU
Residential BART Mixed
Use District
Hotel, Tourist NP NP NP NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) NP Laundromat and Cleaner NP NP NP NP NP NP NP NP NP UP(PH) UP(P H)
Office NP NP NP NP NP NP UP(PH) UP(PH) NP UP(PH) UP(P
H)

23.202.150.C – R-BMU
Residential BART Mixed
Use District
Parking Lot/Structure UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(P
H)

23.302.070.G– Unenclosed
Accessory Structures in
Residential Districts

23.322.100– On-site
Loading Spaces
Personal and Household
Service, General NP NP NP NP NP NP NP NP NP ZC* ZC*

23.202.140.B.2– R-SMU
Residential Southside
Mixed Use District
Retail, General NP NP NP NP NP NP UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(P
H)

23.202.040.B– Use-
Specific Regulations
Veterinary Clinic NP NP NP NP NP NP NP NP NP UP(PH) UP(P H)
Video Tape/Disk Rental NP NP NP NP NP NP NP NP NP UP(PH) NP Incidental Uses
Live Entertainment
Unamplified

NP NP NP NP NP NP NP NP NP ZC NP

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations Apply
**Required permits for specific
uses are set forth in the R-BMU
Master Development Permit
(MDP). See 23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU
**

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE PERMIT
REQUIREMENT (E.G., ZC*)
Live Entertainment Amplified NP NP NP NP NP NP NP NP NP AUP NP Industrial and Heavy Commercial Uses
Commercial Excavation UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
Other Uses
Accessory Uses See 23.302.020.A– General Use Regulations Art/Craft Studio NP NP NP NP NP NP NP NP NP NP ZC
ATM: Exterior and Attached to
Bank or Interior or Exterior
and Not With Bank

NP NP NP NP NP NP NP NP NP NP AUP
Home Occupations See 23.302.040– Home Occupations
Live/Work NP NP NP NP NP NP NP NP NP NP UP(PH
)* 23.312—Live/Work
Public Market, Open Air NP NP NP NP NP NP NP NP NP NP AUP Public Market, Enclosed NP NP NP NP NP NP NP NP NP NP AUP Short-Term Rental ZC* ZC* NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.314—Short-Term Rentals
Temporary Uses See 23.302.030– Temporary Uses and Structures Urban Agriculture, Low-
Impact ZC* ZC* NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.318—Urban Agriculture Urban Agriculture, High-
Impact AUP* AUP* NP AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* 23.318—Urban Agriculture Wireless Telecommunication
Facility See 23.332—Wireless Communication Facilities

Section 3. That BMC Section 23.202.030(A) is amended to read as follows:

A. Residential Additions. See Section 23.502.020(A) (“A” Terms) for residential addition definitions.

1. Permits Required.
(a) In the ES-R district, residential additions require permits as follows:
i. Residential additions up to 10 percent of lot area or 200 square feet, whichever is less: Zoning Certificate.
ii. Major residential additions more than 10 percent of lot area or 200 square feet, whichever is less: Use Permit.
(b) In the R-3, R-S, R-SMU and C-T districts within the Southside Plan boundaries, any residential addition requires a Zoning Certificate. (c b) In all other Residential Districts the R-1H, R-1AH, R-2H, and R-2AH, and the R-3 district outside the Southside Plan boundaries, and in the R-4, R-5 and R- BMU districts, residential additions require permits as follows:
i. Residential additions (up to 15 percent of lot area or 600 square feet, whichever is less): Zoning Certificate.
ii. Major residential additions (all other residential additions): AUP.

Section 4. That BMC Section 23.202.030(B)(1) is amended to read as follows:

1. In the R-1H, R-1A, R-2H, R-2A H, and R-3, and R3-H districts, adding a bedroom to a lot requires permits as follows:
(a) Adding a first, second, third, or fourth bedroom to a lot: no permit required. (b) Adding a fifth bedroom to a lot: AUP.
(c) Adding a bedroom to a lot beyond the fifth: Use Permit. (d) No permit is required to add up to two bedrooms in an existing dwelling unit through the reconfiguration of existing habitable space, regardless of the number of bedrooms on the existing lot.

Section 5. That BMC Section 23.202.040(C) and (D) be added to read as follows:

C. One Single-Family Residential Use on a Single Lot in the R-1, R-2 and R-2A districts. (1) This section applies on lots with one existing or proposed single-family residential dwelling on a single lot, for new construction or residential additions.

(a) The residential gross floor area of a single-family residential dwelling may be no larger than 50 percent of the lot area, or 2,500 square feet, whichever is greater.
(b) A single-family residential dwelling may exceed the size limitations in this section with an AUP.
(c) This subsection shall not apply to parcels located in the Hillside Overlay Zone.

D. Noticing for New Dwelling Uses in the R-1, R-2, and R-2A Zoning Districts (1) This section applies to proposed new dwelling units, other than ADUs, located in the R-1, R-2 and R-2A zoning districts and are eligible for approval with a Zoning Certificate, as indicated in Table 23-202-1 Allowed Land Uses in Residential Districts.
(a) Scope and Timing of Notice. The City shall mail a courtesy notice to tenants of the subject property, and owners and tenants of the adjacent, confronting, and abutting properties, within ten working days of submission of the application to the City.
(b) Content of Notice. Notice shall provide the address of the project, allowable hours of construction and information for tenants of the subject property on how to contact a Rent Board Housing Counselor by e-mail or phone and any other resource information deemed relevant. (c) Mailing Fees. The applicant shall be responsible for the cost of materials, postage, and staff time necessary to process and mail notices. (d) This subsection shall not apply to parcels located in the Hillside Overlay Zone.

Section 6. That BMC Section 23.202.050(A) is amended to read as follows:

A. District Purpose. The purpose of the Single-Family Residential Multi-Unit 1 (R-1) district is to:

1. Implement the General Plan by facilitating the development of residential areas consistent with a pattern of housing types ranging from single-family to small apartment structures.Recognize and protect the existing pattern of development in the low-density, single-family residential areas of the city consistent with the General Plan;

2. Make housing available for persons who desire detached and multi-unit

housing with and a relatively large amount of usable open space;

3. Provide objective standards to protect adjacent properties from unreasonable obstruction of light and air; and

4. Permit community facilities such as religious assembly uses, schools, parks, and libraries which serve the local population and are not detrimental to the immediate neighborhood.

Section 7. That the title of BMC Section 23.202.050 is amended to read as follows:

23.202.050 – R-1 Single-Family Residential Multi-Unit 1 District Section 8. That BMC Chapter 23.202.050(D)(1) R-1 Development Standards is amended to read as follows:

D. Development Standards.

1. Basic Standards. See Table 23.202-2: R-1 Development Standards and Table

23.202-3: R-1H Development Standards.

Section 9. That Table 23.202-2 R-1 Development Standards within BMC Chapter

23.202.050 is amended to read as follows:

Table 23.202-2 R-1 Development Standards

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area for New Lots, Minimum 5,000 sq. ft. 23.304.020 – Lot Requirements Usable Open Space per Per Dwelling
Unit1,000 sq. ft. of Gross Residential Floor
Area, Minimum
400 150 sq. ft. 23.304.090 – Usable Open
Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Average Maximum
New Buildings or and Non-Residential
Additions
28 35 ft. and or 3
stories [1]
Within 15 ft. of Rear Property Line 22 ft.

23.304.050 – Building Height
Residential Density (du/acre)
Minimum 10
Maximum 40

23.106.100 – Residential
Density

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Line Setbacks, Minimum
Front [1] 5 20 ft.

Rear [1] 5 20 ft.

Interior Side 4 ft.

Street Side 4 ft.

23.304.030 – Setbacks
Building Separation, Minimum No minimum
5 ft.

Lot Coverage, Maximum 40% 60% 23.304.120 – Lot Coverage Notes:
[1] Front and rear setbacks must add up to at least 20 feet.

Table 23.202-3 R-1H Development Standards

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area for New Lots, Minimum 5,000 sq. ft. 23.304.020 – Lot Requirements Usable Open Space Per Dwelling Unit,
Minimum 400 sq. ft. 23.304.090 – Usable Open
Space
Floor Area Ratio, Maximum No maximum
Building Height
New Buildings or Non-Residential
Additions, Average
28 ft. and 3
stories [1]
New Buildings or Non-Residential
Additions, Maximum 35 ft.

Residential Additions
Average
14 ft. or highest
existing portion
of roof,
whichever is
lower [2]
Maximum 20 ft [3]

23.210.020 – Hillside Overlay
Zone

23.304.050 – Building Height
Lot Line Setbacks, Minimum
Front 20 ft.

Rear 20 ft.

Interior Side 4 ft.

23.210.020 – Hillside Overlay
Zone

23.304.030 – Setbacks

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Street Side 4 ft.

Building Separation, Minimum No minimum
Lot Coverage, Maximum 40% 23.304.120 – Lot Coverage
Notes:
[1] Average Building Height 35 ft. with an AUP.
[2] Average Building Height greater than 14 ft. up to 28 ft. allowed with an AUP. Average building height greater than 28 ft up to 35 ft allowed with an additional AUP. [3] Maximum building height greater than 20 ft. allowed with an AUP pursuant to BMC

23.210.020(C)(2).

Section 10. That BMC Chapter 23.202.060 is amended as follows:

23.202.060 R-1A Limited Two-Family Residential District Reserved A. District Purpose. The purpose of the Limited Two-Family Residential (R-1A) district is to:

1. Recognize and protect the existing pattern of low medium-density residential areas characterized by reasonable open and spacious type of development consistent with the General Plan;

2. Protect adjacent properties from unreasonable obstruction of light and air;

3. Allow flexibility in the use of property for residential purposes by permitting two dwelling units on one lot under limited conditions; and

4. Appropriately regulate the rear and side setback areas for the construction of a dwelling unit in areas west of San Pablo Avenue.

B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts
C. Additional Permit Requirements. See Subsection A (Residential Additions) and Subsection B (Adding Bedrooms) of Section 23.202.030-Additional Permit Requirements.

D. Development Standards.

1. Basic Standards. See Table 23.202-3: R-1A Development Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-1A district are noted in Table 23.202-3: R-1A Development Standards.

TABLE 23.202-3: R-1A DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft.

For Two Dwelling Units 4,500 sq. ft. [1]

23.304.020– Lot
Requirements
Usable Open Space Per Dwelling Unit,
Minimum 400 sq. ft. [2]

23.304.090–
Usable Open
Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Average
New Buildings and Non-Residential
Additions
28 ft. and 3 stories
[3]
Rear Main Buildings 22 ft. and 2 stories
Residential Additions 14 ft. [4]

23.304.050–
Building Height
Lot Line Setbacks, Minimum
Front 20 ft.

Rear 20 ft.

Interior Side 4 ft.

Street Side 4 ft.

Interior and Street Side for Rear Main
Building 6 ft.

23.304.030–
Setbacks
Building Separation, Minimum
1 story 8 ft.
2 stories 12 ft.
3 stories 16 ft.

23.304.040–
Building Separation
in Residential
Districts
Lot Coverage, Maximum
Interior and Through Lot 40%
Corner Lot 45%

23.304.120– Lot
Coverage

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Notes:
[1] Maximum two units per lot.
[2] Open space is not required for accessory dwelling unit. [3] Maximum 35 ft. with an AUP.
[4] Height greater than 14 ft. up to 28 ft. allowed with an AUP. Height greater than 28 ft up to 35 ft allowed with an additional AUP.

Section 11. That the title of BMC Section 23.202.080 is amended to read as follows:

23.202.080- R-2 Restricted Two-Family Residential Multi-Unit 2 District Section 12. That BMC Section 23.202.080(A) is amended to read as follows:

A. District Purpose. The purpose of the Restricted Two-Family Residential Multi-Unit 2 (R-2) district is to:

1. Implement the General Plan by encouraging the development of low medium- density residential areas characterized by a reasonably open and spacious type of development with a pattern with a range of housing types ranging from single-family to duplexes and small apartment structures;

2. Make available housing for persons who desire a range of housing choice with a relatively large amount of useable open space; and

3. Provide objective standards to protect adjacent properties from unreasonable obstruction of light and air.

Section 13 That BMC Section 23.202.080(D) is amended to read as follows:

D. Development Standards.

1. Basic Standards. See Table 23.202-5: R-2 Development Lot and Height Standards, Table 23.202-6: R-2H Development Standards, Table 23.202-67:

R-2H Setback and Building Separation Standards, and Table 23.202-78: R-2 H Lot Coverage Standards for development standards in the R-2 district.

2. Supplemental Standards. Supplemental development standards that apply in the R-2 district are noted in Table 23.202-5: R-2 Development Lot and Height Standards, Table 23.202-6: R-2H Development Standards, Table

23.202-67: R-2H Setback and Building Separation Standards and Table

23.202-78: R-2H Lot Coverage Standards.

TABLE 23.202-5: R-2 LOT AND HEIGHT DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft.

Per Dwelling Unit 2,500 sq. ft. [1]

23.304.020 – Lot
Requirements
Usable Open Space, per Dwelling Unit
Per 1,000 sq. ft. of gross residential
floor area, Minimum
400 150 sq. ft.

23.304.090 – Usable
Open Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Average
New Buildings and Non-Residential
Additions, Maximum
28 35 ft. and or 3
stories [2]
Within 15 feet of Rear Property
Line, Maximum 22 ft.

23.304.050 – Building
Height
Residential Additions 14 ft. [3]
Residential Density (du/acre)
Minimum 10
Maximum 50

23.106.100 –
Residential Density
Lot Line Setbacks, Minimum
Front [1] 5 ft.

Rear [1] 5 ft.

Interior Side 4 ft.

Street Side 4 ft.

23.304.030 – Setbacks
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum 60% 23.304.120 – Lot
Coverage
Notes:
[1] One additional dwelling unit is allowed for any remaining lot area between 2,000 and 2,500 square feet. Front and rear setbacks must add up to at least 20 feet. [2] Maximum 35 ft. with an AUP.
[3] Addition height greater than 14 ft. up to 28 ft. allowed with an AUP. Addition height greater than 28 ft up to 35 ft allowed with an additional AUP.

TABLE 23.202-6: R-2H DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft.

23.304.020 – Lot
Requirements
Usable Open Space, Per Dwelling Unit,
Minimum 400 sq. ft. 23.304.090 – Usable
Open Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Average
New Buildings and Non-Residential
Additions
28 ft. and 3 stories
[1]
New Buildings and Non-Residential
Additions, Maximum 35 ft.

Residential Addition, Height
Average
14 ft. or highest
existing portion of
roof, whichever is
lower [2]

23.210.020 – Hillside
Overlay Zone

23.304.050 – Building
Height
Maximum 20 ft. [3]
Lot Coverage, Maximum See
Table 23.202-8

23.304.120 – Lot
Coverage
Notes:
[1] Average Building Height 35 ft. with an AUP.
[2] Average Building Height greater than 14 ft. up to 28 ft. allowed with an AUP.

Average building height greater than 28 ft up to 35 ft allowed with an additional AUP. [3] Maximum building height greater than 20 ft. allowed with an AUP pursuant to BMC

23.210.020(C)(2).

TABLE 23.202-67: R-2H SETBACK AND BUILDING SEPARATION STANDARDS

STANDARDS BY BUILDING
STORY
1ST 2ND 3RD

SUPPLEMENTAL

STANDARDS
Lot Line Setbacks, Minimum
Front 20 ft. 20 ft. 20 ft.

23.304.030–
Setbacks

Rear 20 ft. 20 ft. 20 ft.

Interior 4 ft. 4 ft. 6 ft.

Street Side 10 ft. 10 ft. 10 ft.

Building Separation, Minimum 8 ft. 12 ft. 16 ft.

23.304.040–
Building
Separation in
Residential
Districts
TABLE 23.202-78: R-2H LOT COVERAGE STANDARDS

STANDARD BASED ON

BUILDING HEIGHT
1 STORY 2

STORIES
3 STORIES

SUPPLEMENTAL

STANDARDS
Lot Coverage, Maximum
Interior and Through Lot 45% 40% 35%
Corner Lot 50% 45% 40%

23.304.120– Lot
Coverage
Section 14. That the title BMC Section 23.202.090 is amended to read as follows:

23.202.090- R-2A Restricted Multiple-Family Residential Multi-Unit 2A District Section 15. That BMC Section 23.202.090(A) is amended to read as follows:

A. District Purpose. The purpose of the Restricted Multiple-Family Residential Multi- Unit 2A (R-2A) district is to:

1. Implement the General Plan by encouraging facilitating the development of medium-density residential areas characterized by a range of housing typessmall multiple-family and garden-type apartment structures with a maximum of open space consistent with this type of development;

2. Make available housing for persons who desire apartment-type accommodations with a maximum of open space; and

3. Provide objective standards to P protect adjacent properties from unreasonable obstruction of light and air; and

4. Permit only land use intensity which is compatible with existing low-density residential structures and is not detrimental to the immediate neighborhood.

Section 16. That BMC Section 23.202.090(D) is amended to read as follows:

D. Development Standards.

1. Basic Standards. See Table 23.202-89: R-2A Lot and Height Development Standards, Table 23.202-10 R-2AH Development Standards, Table

23.202-911: R-2AH Setback and Building Separation Standards, and Table

23.202-1012: R-2AH Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-2A district are noted in Table 23.202-89: R-2A Lot and Height Development Standards, Table 23.202-10 R-2AH Development Standards, Table 23.202-911: R-2AH Setback and Building Separation Standards, and Table 23.202-1012: R-2AH Lot Coverage Standards.

TABLE 23.202-89: R-2A LOT AND HEIGHT DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft. 23.304.010 - Lot
Requirements
Per Dwelling Unit 1,650 sq. ft. [1]
Usable Open Space, per Dwelling Unit, Per 1,000
sq. ft. gross residential floor area Minimum 400 150 sq. ft

23.304.090 –
Usable Open
Space
Main Building Height, Average
New Buildings and Non-Residential Additions,
Maximum
28 35 ft. and or
3 stories
Within 15 ft. of Rear Property Line,
Maximum 22 ft.

23.304.050 –
Building Height
Residential Additions 14 ft. [3]
Residential Density (du/acre)
Minimum 20
Maximum 60

23.106.100 –
Residential
Density
Lot Line Setbacks, Minimum
Front [1] 5 ft.

Rear [1] 5 ft.

23.304.030 –
Setbacks

Interior Side 4 ft.

Street Side 4 ft.

Building Separation, Minimum 5 ft.

Lot Coverage, Maximum 60% 23.304.120 – Lot
Coverage
Notes:
[1] Front and rear setbacks must add up to at least 20 feet. [1] One additional dwelling unit is allowed for remaining lot area between 1,300 and 1,650 square feet.
[2] Maximum 35 ft. with an AUP.
[3] Addition height greater than 14 ft. up to 28 ft. allowed with an AUP. Addition height greater than 28 ft up to 35 ft allowed with an additional AUP.

TABLE 23.202-10: R-2AH DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft.

Per Dwelling Unit 1,650 sq. ft. [1]

23.304.010 - Lot
Requirements
Usable Open Space, per Dwelling Unit, Minimum 400 sq. ft

23.304.090 –
Usable Open
Space
Main Building Height, Average
New Buildings and Non-Residential
Additions
28 ft. and 3
stories [2]

23.210.020 –
Hillside Overlay
Zone

23.304.050 –
Building Height
Residential Additions, Height
Average
14 ft. or
highest
existing portion
of roof,
whichever is
lower. [3]
Maximum 20 ft. [4]

Notes:
[1] One additional dwelling unit is allowed for a remaining lot area between 1,300 and 1,650 square feet.
[2] Average Building Height 35 ft. with an AUP.
[3] Average Building Height greater than 14 ft. up to 28 ft. allowed with an AUP.

Average building height greater than 28 ft up to 35 ft allowed with an additional AUP. [4] Maximum building height greater than 20 ft. allowed with an AUP pursuant to BMC

23.210.020(C)(2).

TABLE 23.202-911: R-2AH SETBACK AND BUILDING SEPARATION STANDARDS

STANDARDS BY BUILDING STORY
1ST 2ND 3RD

SUPPLEMENTAL

STANDARDS
Lot Line Setbacks, Minimum
Front 15 ft. 15 ft. 15 ft.

Rear 15 ft. 15 ft. 15 ft.

Interior 4 ft. 4 ft. 6 ft.

Street Side 6 ft. 8 ft. 10 ft.

23.304.030–
Setbacks
Building Separation, Minimum 8 ft. 12 ft. 16 ft.

23.304.040–
Building
Separation in
Residential
Districts
TABLE 23.202-1012: R-2AH LOT COVERAGE STANDARDS

STANDARD BASED ON BUILDING
HEIGHT
1 STORY 2

STORIES
3 STORIES

SUPPLEMENTAL

STANDARDS
Lot Coverage, Maximum
Interior and Through Lots 45% 40% 35%
Corner Lots 50% 45% 40%

23.304.120
Section 17. That BMC Section 23.202.100(E)(2) is amended to read as follows:

3. Supplemental Standards. Supplemental development standards that apply in the R-3 district are noted in Table 23.202-1113: R-3 Development

Standards.

Section 18. That the title of Table 23.202-11: R-3 Development Standards within BMC Section 23.202.100 is amended to read as follows:

TABLE 23.202-1113: R-3 DEVELOPMENT STANDARDS
Section 19. That the BMC Sections 23.202.110(E)(1) and (2) are amended to read as follows:

E. Development Standards.

1. Basic Standards. See Table 23.202-1214: R-4 Lot and Height Standards, Table 23.202-1315: R-4 Setback and Building Separation Standards, and Table 23.202-146: R-4 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-4 district are noted in Table 23.202-1214: R-4 Lot and Height Standards, Table 23.202-1315: R-4 Setback and Building Separation Standards, and Table 23.202-1416: R-4 Lot Coverage Standards.

Section 20. That the title of Table 23.202-12: R-4 Lot and Height Standards within BMC Section 23.202.110 is amended to read as follows:

TABLE 23.202-1214: R-4 LOT AND HEIGHT STANDARDS
Section 21. That the title of Table 23.202-13: R-4 Setback and Building Separation Standards within BMC Section 23.202.110 is amended to read as follows:

TABLE 23.202-1315: R-4 SETBACK AND BUILDING SEPARATION STANDARDS Section 22. That the title of Table 23.202-14: R-4 Lot Coverage Standards within BMC Section 23.202.110 is amended to read as follows:

TABLE 23.202-1416: R-4 LOT COVERAGE STANDARDS
Section 23. That BMC Section 23.202.120(D)(1) and (2) be amended to read as follows:

D. Development Standards.

1. Basic Standards. See Table 23.202-1517: R-5 Lot and Height Standards, Table 23.202-1618: R-5 Setback and Building Separation Standards, and Table 23.202-1719: R-5 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-5 district are noted in Table 23.202-1517: R-5 Lot and Height Standards, Table 23.202-1618: R-5 Setback and Building Separation Standards, and Table 23.202-1719: R-5 Lot Coverage Standards.

Section 24. That the title of Table 23.202-15: R-5 Lot and Height Standards within BMC Section 23.202.120 is amended to read as follows:

TABLE 23.202-1517: R-5 LOT AND HEIGHT STANDARDS
Section 25. That the title of Table 23.202-16: R-5 Setback and Building Separation Standards within BMC Section 23.202.120 is amended to read as follows:

TABLE 23.202-1618: R-5 SETBACK AND BUILDING SEPARATION STANDARDS Section 26. That the title of Table 23.202-17: R-5 Lot Coverage Standards within BMC Section 23.202.120 is amended to read as follows:

TABLE 23.202-1719: R-5 LOT COVERAGE STANDARDS
Section 27. That BMC Section 23.202.130(E)(1) and (2) are amended to read as follows:

E. Development Standards.

1. Basic Standards. See Table 23.202-1820: R-S Development Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-S district are noted in Table 23.202-1820: R-S Development Standards.

Section 28. That the title of Table 23.202-18: R-S Development Standards within BMC Section 23.202.130 is amended to read as follows:

TABLE 23.202-1820: R-S DEVELOPMENT STANDARDS
Section 29. That BMC Section 23.202.140(E)(1) is amended to read as follows:

1. Basic Standards. See Table 23.202-1921: R-SMU Development Standards.

Section 30. That the title of Table 23.202-19: R-SMU Development Standards within BMC Section 23.202.140 is amended to read as follows:

TABLE 23.202-1921: R-SMU DEVELOPMENT STANDARDS
Section 31. That BMC Section 23.202.150(D) is amended to read as follows:

D. Ground-floor Uses. See Table 23.202-2022: Permitted Street-Facing Ground Floor Uses.

Section 32. That the title of Table 23.202-20: Permitted Street-Facing Ground Floor Uses within BMC Section 23.202.150 is amended to read as follows:

TABLE 23.202-2022: PERMITTED STREET-FACING GROUND FLOOR USES Section 33. That BMC Section 23.202.150(F)(1) and (2) are amended to read as follows:

1. Basic Standards. See Table 23.202-2123.

2. Supplemental Standards. Supplemental standards that apply in the R- BMU district are noted in Table 23.202-2123.

Section 34. That the title of Table 23.202-21 within BMC Section 23.202.150 is amended to read:

TABLE 23.202-2123: R-BMU DEVELOPMENT STANDARDS

Section 35. That the lines “Single-Family,” “Two Family,” and “Multi-Family” in Table 23.204-1: Allowed Land Uses in Commercial Districts within BMC Section 23.204.020 are amended to read as follows:

COMMERCIAL DISTRICTSZC = Zoning
Certificate
AUP =
Administrative Use
Permit
UP(PH) = Use
Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note
Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Residential Uses
Single-Family
Residential
UP(H) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3;

23.302.070.H
Two-Family UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3;

23.302.070.H
Multi- Unit
Residential Family
UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3;

23.302.070.H

Section 36. That the lines “Single Family,” “Two Family,” “Multi-Unit Family” and “Mixed Use Residential” in Table 23.206-1: Allowed Land Uses in Manufacturing Districts within BMC Section 23.206.020 are amended to read as follows:

MANUFACTURING DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see

23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*)
Residential Uses
Dwellings
Single-Family
Residential NP NP NP AUP 23.206.090.B.8
Two Family NP NP NP AUP* 23.206.090.B.8
Multi-FamilyMulti-
Unit Residential NP NP NP ZC*
UP(PH)

23.206.090.(B)
.7&(8)
Mixed-Use
Residential NP NP NP UP(PH)
*

23.206.090.(B.)(7
)
8&9
Section 37. That BMC Section 23.206.090(B)(7) to (9) are amended to read as follows:

7. Multi-Family Dwellings. Table 23.206-13 shows permits required for multi-family dwellings in the MU-R district.

TABLE 23.206-13: MU-R MULTI-FAMILY DWELLING PERMIT REQUIREMENTS

NUMBER OF UNITS PERMIT REQUIRED
3 or 4 AUP
5 or more UP(PH)

8. Residential Uses.
(a) A Use Permit is required to establish a dwelling unit, group living accommodation, or live/work unit MU-R that is within 150 feet of:

An M or MM district; or
A construction product manufacturing or primary product manufacturing use. (b) To deny a Use Permit required by Paragraph (a) above, the ZAB must find that:

The proposed residential use would unreasonably interfere with existing or reasonably foreseeable adjacent land uses in the M or MM district; or Existing or reasonably foreseeable adjacent land uses in the M or MM district would have a material adverse effect on the proposed residential use. (c) As a condition of approval for a Use Permit required by Paragraph (a) above, the residential property owner shall record an acknowledgement that existing or reasonably foreseeable adjacent land uses in the M or MM district may create noise, dust, odors, light/glare, and other impacts that will not be considered a nuisance if they are developed and conducted pursuant to the standards of the district.

97. Residential Mixed-Use Residential. To approve an AUP or Use Permit to establish or expand of a residential mixed-use residential building in the MU-R district, the review authority must find that the specific combination of proposed residential and non-residential uses will not be hazardous or detrimental to persons living and/or working on the site or within the project vicinity.

8. Noticing for New Dwelling Units. This section applies to proposed new dwelling units that are eligible for approval with a Zoning Certificate, as indicated in Table 23.206-1 Allowed Land Uses in Manufacturing Districts. (a) Scope and Timing of Notice. The City shall mail a courtesy notice to tenants of the subject property, and owners and tenants of the adjacent, confronting, and abutting properties, within ten working days of submission of the application to the City.
(b) Content of Notice. Notice shall provide the address of the project, allowable hours of construction and information for tenants of the subject property on how to contact a Rent Board Housing Counselor by e-mail or phone and any other resource information deemed relevant. (c) Mailing Fees. The applicant shall be responsible for the cost of materials, postage, and staff time necessary to process and mail notices.

Section 38. That Table 23.206-14- MU-R Development Standards within Section

23.206.090 is amended to read as follows:

TABLE 23.206-14: MU-R DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum 23.304.020 – Lot

New Lot No minimum
Per Dwelling Unit or Live/Work Unit 1,250 sq. ft. [1]
Requirements
Lot Width, Minimum 40 ft.

Usable Open Space, Minimum
Per Dwelling Unit 1,000 sq. ft. of gross
residential floor area 150 sq. ft.

Per Live/Work Unit 40 sq. ft.

23.304.090 –
Usable Open
Space
Floor Area Ratio, Maximum, Non-Residential 1.0 5 [21] 23.106.050 - Floor Area Ratio
Residential Density (DU/acre)
Minimum 20
Maximum 60

23.106.100 –
Residential
Density
Main Building Height, Maximum
Live/work 28 ft. and 3 stories
[32]
Residential or mixed-use [43] 35 ft. and or 3
stories
Within 15 ft. of rear property line 22 ft.

All other uses 35 ft. and 2 stories
[54]

23.304.050 -
Building Height
Lot Line Setbacks, Minimum
Front 5 ft.

Rear No minimum [65]
Interior Side No minimum
Street Side 5 ft.

23.304.030 –
Setbacks
Building Separation, Minimum No minimum5 ft.

Lot Coverage, Maximum 100%No maximum

Notes:
[1] One additional dwelling unit allowed for remaining lot area between 750 and 1,250 square feet.
[21] Maximum 1.5 for buildings with 50 percent or more residential or live/work floor area
[32] Maximum 35 ft. with a Use Permit.
[43] Mixed use is defined here as a building with 50 percent or more of gross floor area used for residential (including live/work) purposes.
[54] Maximum 3 stories for arts/craft studios and light manufacturing (with no other non- residential uses) on a block without dwelling units.
[65] Minimum 5 ft. if rear of lot abuts a street.
[7] Setbacks required when abutting or confronting a Residential District. See

23.304.030.C.2.

Section 39. That Table 23.210-1: H Overlay Zone Maximum Allowed Height within Section 23.210.020 is amended to read as follows:

TABLE 23.210-1: H OVERLAY ZONE MAXIMUM ALLOWED HEIGHT

ALLOWED HEIGHT

UNDERLYING BASE DISTRICT

AVERAGE MAXIMUM

MAXIMUM STORIES
New Buildings
R-1, R-1A, R-2, R-2A 28 ft. 35 ft. 3 stories
R-3, R-4, R-5, R-S, C-N,
C-NS 35 ft. 35 ft. 3 stories
Residential Additions
As required by
the base district
or the highest
existing portion
of the roof,
whichever is
lower
20 ft. N/A
Section 40. That BMC Section 23.304.030(B)(1) is amended to read as follows:

1. Corner Lots with a Rear Lot Line Abutting a Key Lot. For corner lots in the R-1, R-1A, R-2 and R-2A districts with a rear lot line abutting a key lot, the minimum street side setback is either:

(a) One-half the front setback required or existing on the key lot, whichever is less; or
(b) Four feet if the corner lot maintains 50 feet or more rear setback.

Section 41: That Table 23.304-1 Allowed Setback Reductions in Residential District within BMC Section 23.304.030 is amended to read:

TABLE 23.304-1: ALLOWED SETBACK REDUCTIONS IN RESIDENTIAL DISTRICTS

DISTRICT
WHERE

ALLOWED

WHEN ALLOWED

MINIMUM SETBACK

WITH REDUCTION

REQUIRED

PERMIT REQUIRED ADDITIONAL
FINDINGS [1]
Front Setback Reductions
ES-R On any lot No minimum. UP(PH) [2]
The reduced setback is:
1) necessary to allow
economic use of property
due to the size, shape of
the lot or the topography
of the site; and 2)
consistent with the ES-R
district purpose.

Rear Setback Reductions
ES-R [3] On any lot No minimum UP(PH) [2]
The reduced setback is:
1) necessary to allow
economic use of property
due to the size, shape of
the lot or the topography
of the site; and 2)
consistent with the ES-R
district purpose.

R-1, R-
1A
On a lot less
than 100 ft.
deep
20% of lot depth
[4] ZC None
R-1A To construct a
dwelling unit 12 ft. AUP
The unit would not cause
a detrimental impact on
emergency access; or on
light, air or privacy for
neighboring properties.

DISTRICT
WHERE

ALLOWED

WHEN ALLOWED
M

INIMUM SETBACK

WITH REDUCTION

REQUIRED

PERMIT REQUIRED ADDITIONAL
FINDINGS [1]
R-2, R-
2A, R-3,
R-4, R-5
[45]
On a lot with
two or more
main buildings
with dwelling
units
No minimum AUP No additional findings
Side Setback Reductions
ES-R [3] Any lot
No minimum
UP(PH) [2] The reduced setback is:
1) necessary to allow
economic use of property
due to the size, shape of
the lot or the topography
of the site; and 2)
consistent with the ES-R
district purpose.

R-1, R-2,
R-2A R-
1A
Lot width less
than 40 ft. [5]
10% of lot width
or 3 ft.,
whichever is
greater
ZC
None
R-2H, R-
2AH
Lot width less
than 40 ft.

First and
second stories:
10% of lot width
or 3 ft.,
whichever is
greater; Third
story: 5 4 ft.

ZC
None
Notes:
[1] Findings are in addition to any AUP or Use Permit findings required in 23.406- Specific Permit Requirements.
[2] Fire Department must review and approve reduced setbacks in respect to fire safety. [3] For lots less than 5,000 square feet, reductions are not allowed for property lines abutting a property under different ownership.
[4] The resulting rear setback becomes the total setback required for the front and rear to add up to. Front and rear setbacks may not be less than 5 ft. [45] Parcels located within the R-3 district within the Southside Plan boundaries are exempt from this section.
[5] Not permitted for rear main buildings in the R-1A district.

Section 42. That the line “R-1A” in Table 23.304-4: Permits Required for Building Separation in Residential Districts within BMC Section 23.304.040 is amended to read as follows

DISTRICT
WHERE

ALLOWED
WHEN

ALLOWED
PERMIT
REQUIRED FINDINGS [1]
R-1A On a lot with
two or more
main
buildings with
a dwelling
unit
AUP
The unit would not cause a detrimental
impact on emergency access; or on
light, air or privacy for neighboring
properties.

Section 43. That BMC Section 23.322.100(C)(1) is amended to read as follows:

1. General. The following requirements apply to required on-site loading spaces in all districts except for the R-1, R-1A, R-2, R-2A districts. (a) Dimensions. A required loading space must be at least 12 feet wide and 25 feet long with a minimum vertical clearance of 14 feet. (b) Location. A required loading spaces must be located on the same lot as the structure or use the space is designed to serve.
(c) Parking Spaces. A required parking space may not be used to satisfy the requirements for an off-street loading space.
(d) Access and Paving. A required loading space must have adequate means of access from a street or alley. Both the space and access driveway must be paved with a durable, dustless material that is usable under all weather conditions.

Section 44. That BMC Section 23.324.050(D)(3)(a) is amended to read as follows:
(a) A Use Permit is required for an addition to and/or enlargement of a structure or building that exceeds the maximum allowed lot coverage, or maximum floor area ratio, or is nonconforming to minimum or maximum residential density.

Section 45. That BMC Section 23.326.030(B)(1)(c) is amended to read as follows:
(c) The demolition is necessary to permit construction approved pursuant to this Chapter of at least the same number of Residential Dwelling Units.

Section 46. That BMC Section 23.326.030(B)(2) is amended to read as follows:

2. A Single-Family Dwelling may be demolished with an AUP a Zoning Certificate, if the demolition is part of a development project that would result in a net increase in residential density.

Section 47. That BMC Section 23.406.020(E) is amended to read as follows:

E. Review and Action

1. The Zoning Officer shall review a Zoning Certificate application to verify compliance with the Zoning Ordinance. If the project complies with all applicable requirements, the Zoning Officer shall approve the application.

2. The Zoning Officer may attach to the Zoning Certificate project plans and other information as needed to document project compliance with the Zoning Ordinance.

3. The Zoning Officer may attach to the Zoning Certificate any applicable uniformly applied Standard Conditions of Approval.

Section 48. That BMC Section 23.502.020(M)(17) and (18) are amended to read as follows:

17. Multi-Family Dwelling. A building, group of buildings, or portion of a building used or designed as three two or more dwelling units.

18. Multi-Family Residential. A residential use that includes two or more units, excluding ADUs and Junior ADUs, on a single lot.
1819. Municipal Animal Shelter. A City-owned facility providing services for humane animal care with programs and services focused on maximizing opportunities for animal adoption. Supporting facilities may include medical care (including spay/neuter), kennels, exercise areas and adoption centers.

Section 49. That BMC Section 23.502.020(R) is amended to read as follows:

R. "R" Terms.

1. Rear Main Building. A main building situated behind another main building existing or proposed on a parcel located in the R-1A district.

21. Receiving Lot. See Lot, Receiving.

32. Recycled Materials Processing . A facility that receives and processes recyclable materials. Processing means preparation of material for efficient

shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

43. Recycling Redemption Center. A facility, use, or structure for the collection of recyclable goods, including beverage containers and newspapers.

54. Related Equipment. All equipment necessary for or related to the provision of personal wireless services. Such equipment may include, but is not limited to, cable, conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.

65. Religious Assembly. A building or space primarily used for an assembly of persons to conduct worship or other religious ceremonies, including, but not limited to, churches, synagogues, temples, mosques or shrines.

76. Repair Service, Non-Vehicle. An establishment that provides repair and maintenance services for household appliance, home electronics, office equipment, furniture and other similar items. Excludes vehicle repair.

87. Research and Development. An establishment engaged in the following activities: 1) industrial, biological or scientific research; and/or 2) product or process design, development, prototyping, or testing. This may include labs, offices, warehousing, and light manufacturing functions as part of the overall Research and Development use.

98. Resident. A person whose primary residence is in Berkeley. 910. Residential Care Facility. See Community Care Facility. 1110. Residential Hotel. See Hotel, Residential.
1211. Residential Addition. See Addition, Residential.
1312. Residential Districts. The districts listed under the Residential Districts heading in Table 23.108-1: Zoning Districts.
1413. Residential Hotel Room. A room which is:
(a) Used, designed, or intended to be used for sleeping for a period of 14 consecutive days or more;
(b) Not a complete dwelling unit, as defined in this chapter; and (c) Not a Tourist Hotel Room, as defined in this chapter.

1514. Residential Use . Any legal use of a property as a place of residence, including but not limited to dwelling units, group living accommodations, and residential hotels.
1615. Retail, General. A retail establishment engaged in the sales of personal, consumer, or household items to the customers who will use such items. This use includes antique stores, art galleries, arts and crafts supply stores, bicycle shops, building materials and garden supplies stores, clothing stores, computer stores, cosmetic/personal care items, department stores, drug paraphernalia stores, drug stores, fabric, textile and sewing supply shops, flower and plant stores, food product stores, furniture stores, garden supply stores, nurseries, gift/novelty shops, household hardware and housewares stores, household electronics/electrical stores, jewelry/watch shops, linen shops includes bedding, musical instruments and materials stores, office supply stores, paint stores, photography equipment supply stores, secondhand stores, sporting goods stores, stationery, cards and paper goods stores toy stores and variety stores. This use excludes video rental stores, service of vehicle parts, and firearm/munition sales. 1716. Retaining Wall . A wall designed to contain and resist the lateral displacement of soil and of which such soil is at a higher elevation on one side of the wall.
1817. Review Authority. The City official or body responsible for approving or denying a permit application or other form of requested approval under the Zoning Ordinance.
1918. Rooming House. A building used for residential purposes, other than a hotel, where lodging for 5 or more persons, who are not living as a single household, is provided for compensation, whether direct or indirect. In determining the number of persons lodging in a rooming house, all residents shall be counted, including those acting as manager, landlord, landlady or building superintendent.

See also Boarding House.

Section 50. That BMC Section 23.502.020(S)(21) through 23.502.020(S)(36) is amended to read as follows:

21. Single-Family Residential. A residential use that includes only one single- family dwelling, excluding ADUs and Junior ADUs, on a single lot. 2122. Single Residential Occupancy (SRO) Room. A room for residential or sleeping purposes in a residential hotel which is designed for occupancy of one person only.
2223. Skateboard Ramp. A ramp, platform, course or facility used for skateboard riding and made of wood or other solid material.

23 24 Slope. The steepness of a site, measured as the ratio of the vertical distance to the horizontal distance between the highest and lowest points of the site. See Figure 23.502-5: Grade or Slope.

FIGURE 23.502-5: GRADE OR SLOPE
2425. Small Vehicle Sales and Service. An establishment which sells or leases long-term new, used, or pre-owned motorized vehicles other than passenger automobiles and trucks which are characterized by fewer than four wheels or a minimal frame. Types of vehicles sold or leased by this use include motorcycles, scooters, three-wheel motorcycles, electric carts, electric scooters, and such vehicles designed or refurbished for alternative fuels/power sources (alternative to conventional gasoline). 2526. Smoke Shop. An establishment engaged primarily in the sale of tobacco and/or tobacco-related products.
2627. Solar Energy Device/Equipment. Any solar collector or other solar energy device or any structural design feature of a building of which the primary purpose is to provide for the collection, storage or distribution of solar energy for space heating or cooling, water heating or the generation of electricity. 2728. Sorority House. A building used for group living accommodations by an organization recognized by the UC Berkeley, or other institution of higher learning.
2829. Source Lot. See Lot, Source.
29 30. Story. See Section 23.106.060 (Story)
30 31. Street. A public or private thoroughfare which provides principal means of access to abutting lots, including but not limited to, avenue, place, way, manor, drive, circle, lane, court, boulevard, highway, road and any other thoroughfare except an alley or a path as defined in this chapter.
3132. Street Line. The boundary between a lot and an adjacent street. 32 33 Structural Alteration. Any physical change to or removal of the supporting members of a building, foundation or bearing walls, columns, beams or girders or creation or enlargement of a window or door, change of a roofline or roof shape, including creating, enlarging or extending a dormer.

3334.. Structural Alteration, Public Safety. Any structural alteration or physical change to a building that provides greater safety to the public or occupants by strengthening the building against seismic activity, which does not result in new floor area except that created by necessary structural improvements or physical changes as required under Municipal Code Chapter 19.38 and 19.39. 34 35. Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

A building is a structure for the purposes of this chapter. (a) Accessory Structure. A detached structure, other than an accessory building, in which non-habitable uses or activities other than the principal use of the property are conducted. Residential accessory structures include, but are not limited to, enclosed structures such as garages, carports, garden or tool sheds, and non-enclosed structures such as, but not limited to, fences, gazebos, ground-mounted satellite dishes, skateboard ramps and wheelchair ramps. Non-residential accessory structures include, but are not limited to, storage buildings, garages, sheds and other outbuildings. (b) Subterranean Structure. A roofed structure constructed underground, with no building stories aboveground, of which the roof does not exceed 3 feet above the pre-existing grade. Such structures are either separated from a building or connected to a building only by a passageway or hallway with no openings to finished grade except for a doorway.
(c) Temporary Structure. A tent, tent-house, trailer, mobile office, mobile home or other movable structure or other temporary structure whose construction does not require a building permit.
35 36. Studio. See Art/Craft Studio.
36 37. Supportive Housing. As defined in Health and Safety Code 50675.14(b)(2), housing with no limit on length of stay that is occupied by the target population as defined in Health and Safety Code 50675.14(b)(3) and is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

Section 51. That BMC Section 23.502.020(T)(14) is removed as follows:

14.Two-Family Dwelling. A building or use of a lot designed for, or occupied exclusively by, two households.

Section 52. The effective date of this Ordinance shall be September 1, 2025.

Section 53: Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Attachment A
Proposed Zoning Map Changes
The zoning map below reflects the elimination of the R-1A zoning district and the redesignation of R-1A parcels as R-2 parcels. All affected parcels are outlined in light blue.
1831812.1

ATTACHMENT 2; annotated Ordinance
ORDINANCE NO. -N.S.

MIDDLE HOUSING ZONING AMENDMENTS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Table 23.108-1 Zoning Districts within BMC Chapter 23.108.020 is amended to read as follows:

TABLE 23.108-1: ZONING DISTRICTS

DISTRICT

SYMBOL NAME OF DISTRICT
Residential Districts
R-1 Single-Family Residential Multi-Unit 1
R-1A Limited Two-family Residential
ES-R Environmental Safety Residential
R-2 Restricted Two-family Residential Multi-
Unit 2
R-2A Restricted Multiple-family Residential
Multi-Unit 2A
R-3 Multiple-family Residential
R-4 Multi-family Residential
R-5 High Density Residential
R-S Residential Southside
R-SMU Residential Southside Mixed Use
R-BMU Residential BART Mixed Use
Commercial Districts
Commented [HJ1]: Changing district names

DISTRICT

SYMBOL NAME OF DISTRICT
C-C Corridor Commercial
C-U University Avenue Commercial
C-N Neighborhood Commercial
C-E Elmwood Commercial
C-NS North Shattuck Commercial
C-SA South Area Commercial
C-T Telegraph Avenue Commercial
C-SO Solano Avenue Commercial
C-DMU Downtown Mixed-Use
C-W West Berkeley Commercial
C-AC Adeline Corridor Commercial
Manufacturing Districts
M Manufacturing
MM Mixed Manufacturing
MU-LI Mixed Use-Light Industrial
MU-R Mixed Use-Residential
Special Districts
S Specific Plan
U Unclassified

Section 2. That Table 23.202-1 Allowed Land Uses in Residential Districts within BMC Section 23.202.020 is amended to read as follows:

TABLE 23.202-1: ALLOWED LAND USES IN RESIDENTIAL DISTRICTS

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations Apply
**Required permits for specific
uses are set forth in the R-BMU
Master Development Permit
(MDP). See 23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU
**

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE PERMIT
REQUIREMENT (E.G., ZC*)
Residential Uses
Accessory Dwelling Unit
See 23.306—
Accessory
Dwelling Units
NP See 23.306—Accessory Dwelling Units
Dwellings
Single-Family Residential
ZC*
UP(PH)
Hillside
Overlay
UP(PH) UP(PH) ZC*
UP(PH)
Hillside
Overlay
ZC*
UP(PH)
Hillside
Overlay
UP(PH)
*

UP(PH) UP(PH) UP(PH)
*
UP(PH)
*
NP

23.202.040(C) and (D)

23.302.070(H)
Two-Family NP UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) NP 23.302.070(H) Multi-Family Residential
ZC*
NP
Hillside
Overlay
NP NP ZC*
NP
UP(PH)
Hillside
Overlay
ZC*
UP(PH)
Hillside
Overlay
UP(PH)
*

UP(PH) UP(PH) UP(PH)
*
UP(PH)
*
UP(P
H) 23.202.040(D)

23.302.070(H)
Group Living Accommodation NP NP NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H) 23.302.070(H)
Senior Congregate Housing NP NP NP NP See 23.302.070.H– Use-Specific Regulations Mixed-Use Residential NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H) 23.302.070(H)
Public and Quasi-Public Uses
Child Care Center UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H) 23.302.070(H)
Club/Lodge UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P 23.302.070(H) Commented [HJ2]: Revising permit requirements; removing R- 1A zoning district; retaining UP(PH) and NP in H overlay Commented [HJ3]: Reference to new provisions restricting size of single-family homes (C) and noticing requirement (D) Commented [HJ5]: Reference to new noticing requirement Commented [HJ4]: Per existing BMC section, Multi-Family Residential is NP in the Hillside Overlay

23.210.020(B) Multiple Dwellings in R-2. When the H overlay zone is combined with the R-2 district, multiple dwellings on a single property are not permitted.

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations Apply
**Required permits for specific
uses are set forth in the R-BMU
Master Development Permit
(MDP). See 23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU
**

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE PERMIT
REQUIREMENT (E.G., ZC*)
H)
Columbaria AUP* AUP* NP AUP* AUP* AUP* AUP* AUP* AUP* AUP* NP 23.302.070.C– Use- Specific Regulations
Community Care Facility See 23.202.040.A– Use-Specific Regulations Community Center UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
Emergency Shelter, 15 beds
or fewer
NP NP NP NP NP NP ZC ZC ZC ZC ZC 23.308-Emergency
Shelters
Emergency Shelter, more
than 15 beds

NP NP NP NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) UP(P
H)

23.308-Emergency
Shelters
Hospital NP NP NP NP NP UP(PH) UP(PH) UP(PH) NP UP(PH) NP Library UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
Low Barrier Navigation Center ZC NP NP NP ZC ZC ZC ZC ZC ZC ZC ZC Nursing Home NP NP NP – UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) NP Park/Playground ZC ZC UP ZC ZC ZC ZC ZC ZC ZC ZC
Public Safety and Emergency
Service UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
Public Utility Substation/Tank UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
Religious Assembly UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
School UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
Supportive Housing NP
ZC* NP NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.302.070.I-Supportive Housing
Commercial Uses
Alcoholic Beverage Service NP NP NP NP NP NP NP NP NP ZC UP(P H)

23.310—Alcoholic
Beverage Sales and
Service
Food Products Store NP NP NP NP NP NP NP NP NP UP(PH)
*
UP(P
H)

23.202.140.B.3– R-SMU
Residential Southside
Commented [HJ6]: Technical edit: now that R-1 is a multi-family district, State law requires ministerial approval of Low Barrier Navigations Centers
Commented [HJ7]: Technical edit: now that R-1 is a multi-family district, State law requires ministerial approval of Supportive Housing (AB 2162)

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations Apply
**Required permits for specific
uses are set forth in the R-BMU
Master Development Permit
(MDP). See 23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU
**

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE PERMIT
REQUIREMENT (E.G., ZC*)
Mixed Use District
Food Service Establishment,
Under 3,000 sq. ft. NP NP NP NP NP NP NP NP NP ZC* ZC* 23.302.070.(E) – Use=Specific Regulations
Food Service Establishment,
3,000 sq. ft. or larger NP NP NP NP NP NP NP NP NP AUP* AUP* 23.302.070.(E) – Use=Specific Regulations
Group Instruction NP NP NP NP NP NP NP NP NP NP UP(P
H)

23.202.150(C) – R-BMU
Residential BART Mixed
Use District
Health and Fitness Facility NP NP NP NP NP NP NP NP NP NP UP(P H)

23.202.150 (C) – R-BMU
Residential BART Mixed
Use District
Hotel, Tourist NP NP NP NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) NP Laundromat and Cleaner NP NP NP NP NP NP NP NP NP UP(PH) UP(P H)
Office NP NP NP NP NP NP UP(PH) UP(PH) NP UP(PH) UP(P
H)

23.202.150.C – R-BMU
Residential BART Mixed
Use District
Parking Lot/Structure UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(P
H)

23.302.070.G– Unenclosed
Accessory Structures in
Residential Districts

23.322.100– On-site
Loading Spaces
Personal and Household
Service, General NP NP NP NP NP NP NP NP NP ZC* ZC*

23.202.140.B.2– R-SMU
Residential Southside
Mixed Use District
Retail, General NP NP NP NP NP NP UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(P
H)

23.202.040.B– Use-
Specific Regulations
Veterinary Clinic NP NP NP NP NP NP NP NP NP UP(PH) UP(P H)
Video Tape/Disk Rental NP NP NP NP NP NP NP NP NP UP(PH) NP Incidental Uses
Live Entertainment
Unamplified

NP NP NP NP NP NP NP NP NP ZC NP

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations Apply
**Required permits for specific
uses are set forth in the R-BMU
Master Development Permit
(MDP). See 23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU
**

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE PERMIT
REQUIREMENT (E.G., ZC*)
Live Entertainment Amplified NP NP NP NP NP NP NP NP NP AUP NP Industrial and Heavy Commercial Uses
Commercial Excavation UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(P H)
Other Uses
Accessory Uses See 23.302.020.A– General Use Regulations Art/Craft Studio NP NP NP NP NP NP NP NP NP NP ZC
ATM: Exterior and Attached to
Bank or Interior or Exterior
and Not With Bank

NP NP NP NP NP NP NP NP NP NP AUP
Home Occupations See 23.302.040– Home Occupations
Live/Work NP NP NP NP NP NP NP NP NP NP UP(PH
)* 23.312—Live/Work
Public Market, Open Air NP NP NP NP NP NP NP NP NP NP AUP Public Market, Enclosed NP NP NP NP NP NP NP NP NP NP AUP Short-Term Rental ZC* ZC* NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.314—Short-Term Rentals
Temporary Uses See 23.302.030– Temporary Uses and Structures Urban Agriculture, Low-
Impact ZC* ZC* NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.318—Urban Agriculture Urban Agriculture, High-
Impact AUP* AUP* NP AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* 23.318—Urban Agriculture Wireless Telecommunication
Facility See 23.332—Wireless Communication Facilities

Section 3. That BMC Section 23.202.030(A) is amended to read as follows:

A. Residential Additions. See Section 23.502.020(A) (“A” Terms) for residential addition definitions.

1. Permits Required.
(a) In the ES-R district, residential additions require permits as follows:
i. Residential additions up to 10 percent of lot area or 200 square feet, whichever is less: Zoning Certificate.
ii. Major residential additions more than 10 percent of lot area or 200 square feet, whichever is less: Use Permit.
(b) In the R-3, R-S, R-SMU and C-T districts within the Southside Plan boundaries, any residential addition requires a Zoning Certificate. (c b) In all other Residential Districts the R-1H, R-1AH, R-2H, and R-2AH, and the R-3 district outside the Southside Plan boundaries, and in the R-4, R-5 and R- BMU districts, residential additions require permits as follows:
i. Residential additions (up to 15 percent of lot area or 600 square feet, whichever is less): Zoning Certificate.
ii. Major residential additions (all other residential additions): AUP.

Section 4. That BMC Section 23.202.030(B)(1) is amended to read as follows:

1. In the R-1H, R-1A, R-2H, R-2A H, and R-3, and R3-H districts, adding a bedroom to a lot requires permits as follows:
(a) Adding a first, second, third, or fourth bedroom to a lot: no permit required. (b) Adding a fifth bedroom to a lot: AUP.
(c) Adding a bedroom to a lot beyond the fifth: Use Permit. (d) No permit is required to add up to two bedrooms in an existing dwelling unit through the reconfiguration of existing habitable space, regardless of the number of bedrooms on the existing lot.

Section 5. That BMC Section 23.202.040(C) and (D) be added to read as follows:

C. One Single-Family Residential Use on a Single Lot in the R-1, R-2 and R-2A districts. (1) This section applies on lots with one existing or proposed single-family residential dwelling on a single lot, for new construction or residential additions.

Commented [HJ8]: Removing additional permit requirements for Additions in the R-1, R-2 and R-2A
Commented [HJ9]: Technical edit: no need to state ZC permit requirement.

Commented [HJ10]: Removing permit requirements for
additional bedrooms in the R-1, R-2 and R-2A.

Commented [HJ11]: Technical edit to conform with AB 916.

Commented [HJ12]: Restriction on the size of a single family home on single lot (C) AND noticing requirement (D).

(a) The residential gross floor area of a single-family residential dwelling may be no larger than 50 percent of the lot area, or 2,500 square feet, whichever is greater.
(b) A single-family residential dwelling may exceed the size limitations in this section with an AUP.
(c) This subsection shall not apply to parcels located in the Hillside Overlay Zone.

D. Noticing for New Dwelling Uses in the R-1, R-2, and R-2A Zoning Districts (1) This section applies to proposed new dwelling units, other than ADUs, located in the R-1, R-2 and R-2A zoning districts and are eligible for approval with a Zoning Certificate, as indicated in Table 23-202-1 Allowed Land Uses in Residential Districts.
(a) Scope and Timing of Notice. The City shall mail a courtesy notice to tenants of the subject property, and owners and tenants of the adjacent, confronting, and abutting properties, within ten working days of submission of the application to the City.
(b) Content of Notice. Notice shall provide the address of the project, allowable hours of construction and information for tenants of the subject property on how to contact a Rent Board Housing Counselor by e-mail or phone and any other resource information deemed relevant. (c) Mailing Fees. The applicant shall be responsible for the cost of materials, postage, and staff time necessary to process and mail notices. (d) This subsection shall not apply to parcels located in the Hillside Overlay Zone.

Section 6. That BMC Section 23.202.050(A) is amended to read as follows:

A. District Purpose. The purpose of the Single-Family Residential Multi-Unit 1 (R-1) district is to:

1. Implement the General Plan by facilitating the development of residential areas consistent with a pattern of housing types ranging from single-family to small apartment structures Recognize and protect the existing pattern of development in the low-density, single-family residential areas of the city consistent with the General Plan;

2. Make housing available for persons who desire detached and multi-unit Commented [HJ13]: Noticing requirement.

Commented [HJ14]: Revising name of R-1 district; amending and revising the diistrict purpose statement.

housing with and a relatively large amount of usable open space;

3. Provide objective standards to protect adjacent properties from unreasonable obstruction of light and air; and

4. Permit community facilities such as religious assembly uses, schools, parks, and libraries which serve the local population and are not detrimental to the immediate neighborhood.

Section 7. That the title of BMC Section 23.202.050 is amended to read as follows:

23.202.050 – R-1 Single-Family Residential Multi-Unit 1 District Section 8. That BMC Chapter 23.202.050(D)(1) R-1 Development Standards is amended to read as follows:

D. Development Standards.

1. Basic Standards. See Table 23.202-2: R-1 Development Standards and Table

23.202-3: R-1H Development Standards.

Section 9. That Table 23.202-2 R-1 Development Standards within BMC Chapter

23.202.050 is amended to read as follows:

Table 23.202-2 R-1 Development Standards

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area for New Lots, Minimum 5,000 sq. ft. 23.304.020 – Lot Requirements Usable Open Space per Dwelling Unit
1,000 sq. ft. of Gross Residential Floor
Area, Minimum
400 150 sq. ft. 23.304.090 – Usable Open
Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Average Maximum
New Buildings or and Non-Residential
Additions
28 35 ft. and or 3
stories [1]
Within 15 ft. of Rear Property Line 22 ft.

23.304.050 – Building Height
Residential Density (du/acre)
Minimum 10
Maximum 40

23.106.100 – Residential
Density
Commented [HJ15]: Conforming edit: R-1 name change
Commented [HJ16]: Adding development standards table for R- 1H
Commented [HJ17]: Revision of Development Standards

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Line Setbacks, Minimum
Front [1] 5 20 ft.

Rear [1] 5 20 ft.

Interior Side 4 ft.

Street Side 4 ft.

23.304.030 – Setbacks
Building Separation, Minimum No minimum
5 ft.

Lot Coverage, Maximum 40% 60% 23.304.120 – Lot Coverage Notes:
[1] Front and rear setbacks must add up to at least 20 feet.

Table 23.202-3 R-1H Development Standards

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area for New Lots, Minimum 5,000 sq. ft. 23.304.020 – Lot Requirements Usable Open Space per Dwelling Unit,
Minimum 400 sq. ft. 23.304.090 – Usable Open
Space
Floor Area Ratio, Maximum No maximum
Building Height
New Buildings or Non-Residential
Additions, Average
28 ft. and 3
stories [1]
New Buildings or Non-Residential
Additions, Maximum 35 ft.

Residential Additions
Average
14 ft. or highest
existing portion
of roof,
whichever is
lower [2]
Maximum 20 ft [3]

23.210.020 – Hillside Overlay
Zone

23.304.050 – Building Height
Lot Line Setbacks, Minimum
Front 20 ft.

Rear 20 ft.

Interior Side 4 ft.

23.210.020 – Hillside Overlay
Zone

23.304.030 – Setbacks
Commented [HJ18]: Separate development standards table for Hillside Overlay

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Street Side 4 ft.

Building Separation, Minimum No minimum
Lot Coverage, Maximum 40% 23.304.120 – Lot Coverage
Notes:
[1] Average Building Height 35 ft. with an AUP.
[2] Average Building Height greater than 14 ft. up to 28 ft. allowed with an AUP. Average building height greater than 28 ft up to 35 ft allowed with an additional AUP. [3] Maximum building height greater than 20 ft. allowed with an AUP pursuant to BMC

23.210.020(C)(2).

Section 10. That BMC Chapter 23.202.060 is amended as follows:

23.202.060 R-1A Limited Two-Family Residential District Reserved A. District Purpose. The purpose of the Limited Two-Family Residential (R-1A) district is to:

1. Recognize and protect the existing pattern of low medium-density residential areas characterized by reasonable open and spacious type of development consistent with the General Plan;

2. Protect adjacent properties from unreasonable obstruction of light and air;

3. Allow flexibility in the use of property for residential purposes by permitting two dwelling units on one lot under limited conditions; and

4. Appropriately regulate the rear and side setback areas for the construction of a dwelling unit in areas west of San Pablo Avenue.

B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts
C. Additional Permit Requirements. See Subsection A (Residential Additions) and Subsection B (Adding Bedrooms) of Section 23.202.030-Additional Permit Requirements.

D. Development Standards.

1. Basic Standards. See Table 23.202-3: R-1A Development Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-1A district are noted in Table 23.202-3: R-1A Development Standards.

Commented [HJ19]: Repeal of R-1A zoning district, which is being merged withR-2.

TABLE 23.202-3: R-1A DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft.

For Two Dwelling Units 4,500 sq. ft. [1]

23.304.020– Lot
Requirements
Usable Open Space Per Dwelling Unit,
Minimum 400 sq. ft. [2]

23.304.090–
Usable Open
Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Average
New Buildings and Non-Residential
Additions
28 ft. and 3 stories
[3]
Rear Main Buildings 22 ft. and 2 stories
Residential Additions 14 ft. [4]

23.304.050–
Building Height
Lot Line Setbacks, Minimum
Front 20 ft.

Rear 20 ft.

Interior Side 4 ft.

Street Side 4 ft.

Interior and Street Side for Rear Main
Building 6 ft.

23.304.030–
Setbacks
Building Separation, Minimum
1 story 8 ft.
2 stories 12 ft.
3 stories 16 ft.

23.304.040–
Building Separation
in Residential
Districts
Lot Coverage, Maximum
Interior and Through Lot 40%
Corner Lot 45%

23.304.120– Lot
Coverage

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Notes:
[1] Maximum two units per lot.
[2] Open space is not required for accessory dwelling unit. [3] Maximum 35 ft. with an AUP.
[4] Height greater than 14 ft. up to 28 ft. allowed with an AUP. Height greater than 28 ft up to 35 ft allowed with an additional AUP.

Section 11. That the title of BMC Section 23.202.080 is amended to read as follows:

23.202.080- R-2 Restricted Two-Family Residential Multi-Unit 2 District Section 12. That BMC Section 23.202.080(A) is amended to read as follows:

A. District Purpose. The purpose of the Restricted Two-Family Residential Multi-Unit 2 (R-2) district is to:

1. Implement the General Plan by encouraging the development of low medium- density residential areas characterized by a reasonably open and spacious type of development with a pattern with a range of housing types ranging from single-family to duplexes and small apartment structures;

2. Make available housing for persons who desire a range of housing choice with a relatively large amount of useable open space; and

3. Provide objective standards to protect adjacent properties from unreasonable obstruction of light and air.

Section 13 That BMC Section 23.202.080(D) is amended to read as follows:

D. Development Standards.

1. Basic Standards. See Table 23.202-5: R-2 Development Lot and Height Standards, Table 23.202-6: R-2H Development Standards, Table 23.202-76:

R-2H Setback and Building Separation Standards, and Table 23.202-87: R- 2H Lot Coverage Standards for development standards in the R-2 district.

2. Supplemental Standards. Supplemental development standards that apply in the R-2 district are noted in Table 23.202-5: R-2 Development Lot and Height Standards, Table 23.202-6: R-2H Development Standards, Table

23.202-76: R-2H Setback and Building Separation Standards and Table

23.202-87: R-2H Lot Coverage Standards.

Commented [HJ20]: Renaming R-2 district
Commented [HJ21]: Revising R-2 district purpose statement Commented [HJ22]: Revising development standards; adding separate development standards table for Hillside Overlay.

TABLE 23.202-5: R-2 LOT AND HEIGHT DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft.

Per Dwelling Unit 2,500 sq. ft. [1]

23.304.020 – Lot
Requirements
Usable Open Space, per Dwelling Unit
Per 1,000 sq. ft. of gross residential
floor area, Minimum
400 150 sq. ft.

23.304.090 – Usable
Open Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Average
New Buildings and Non-Residential
Additions, Maximum
28 35 ft. and or 3
stories [2]
Within 15 feet of Rear Property
Line, Maximum 22 ft.

23.304.050 – Building
Height
Residential Additions 14 ft. [3]
Residential Density (du/acre)
Minimum 10
Maximum 50

23.106.100 –
Residential Density
Lot Line Setbacks, Minimum
Front [1] 5 ft.

Rear [1] 5 ft.

Interior Side 4 ft.

Street Side 4 ft.

23.304.030 – Setbacks
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum 60% 23.304.120 – Lot
Coverage
Notes:
[1] One additional dwelling unit is allowed for any remaining lot area between 2,000 and 2,500 square feet. Front and rear setbacks must add up to at least 20 feet. [2]Maximum 35 ft. with an AUP.
[3]Addition height greater than 14 ft. up to 28 ft. allowed with an AUP. Addition height greater than 28 ft up to 35 ft allowed with an additional AUP.

TABLE 23.202-6: R-2H DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft.

23.304.020 – Lot
Requirements
Usable Open Space, Per Dwelling Unit,
Minimum 400 sq. ft. 23.304.090 – Usable
Open Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Average
New Buildings and Non-Residential
Additions
28 ft. and 3 stories
[1]
New Buildings and Non-Residential
Additions, Maximum 35 ft.

Residential Addition, Height
Average
14 ft. or highest
existing portion of
roof, whichever is
lower [2]

23.210.020 – Hillside
Overlay Zone

23.304.050 – Building
Height
Maximum 20 ft. [3]
Lot Coverage, Maximum See
Table 23.202-8

23.304.120 – Lot
Coverage
Notes:
[1] Average Building Height 35 ft. with an AUP.
[2] Average Building Height greater than 14 ft. up to 28 ft. allowed with an AUP.

Average building height greater than 28 ft up to 35 ft allowed with an additional AUP. [3] Maximum building height greater than 20 ft. allowed with an AUP pursuant to BMC

23.210.020(C)(2).

TABLE 23.202-67: R-2H SETBACK AND BUILDING SEPARATION STANDARDS

STANDARDS BY BUILDING
STORY
1ST 2ND 3RD

SUPPLEMENTAL

STANDARDS
Lot Line Setbacks, Minimum
Front 20 ft. 20 ft. 20 ft.

23.304.030–
Setbacks
Commented [HJ23]: Separate development standards table for Hillside Overlay

Rear 20 ft. 20 ft. 20 ft.

Interior 4 ft. 4 ft. 6 ft.

Street Side 10 ft. 10 ft. 10 ft.

Building Separation, Minimum 8 ft. 12 ft. 16 ft.

23.304.040–
Building
Separation in
Residential
Districts
TABLE 23.202-78: R-2H LOT COVERAGE STANDARDS

STANDARD BASED ON

BUILDING HEIGHT
1 STORY 2

STORIES
3 STORIES

SUPPLEMENTAL

STANDARDS
Lot Coverage, Maximum
Interior and Through Lot 45% 40% 35%
Corner Lot 50% 45% 40%

23.304.120– Lot
Coverage
Section 14. That the title BMC Section 23.202.090 is amended to read as follows:

23.202.090- R-2A Restricted Multiple-Family Residential Multi-Unit 2A District Section 15. That BMC Section 23.202.090(A) is amended to read as follows:

A. District Purpose. The purpose of the Restricted Multiple-Family Residential Multi- Unit 2A (R-2A) district is to:

1. Implement the General Plan by encouraging facilitating the development of medium-density residential areas characterized by a range of housing types small multiple-family and garden-type apartment structures with a maximum of open space consistent with this type of development;

2. Make available housing for persons who desire apartment-type accommodations with a maximum of open space; and

3. Provide objective standards to P protect adjacent properties from unreasonable obstruction of light and air; and

4. Permit only land use intensity which is compatible with existing low-density residential structures and is not detrimental to the immediate neighborhood.

Commented [HJ24]: Revising name of R-2A district
Commented [HJ25]: Revising R-2A district purpose statement.

Section 16. That BMC Section 23.202.090(D) is amended to read as follows:

D. Development Standards.

1. Basic Standards. See Table 23.202-98: R-2A Lot and Height Development Standards, Table 23.202-10 R-2AH Development Standards, Table

23.202-119: R-2AH Setback and Building Separation Standards, and Table

23.202-1210: R-2AH Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-2A district are noted in Table 23.202-98: R-2A Lot and Height Development Standards, Table 23.202-10 R-2AH Development Standards, Table 23.202-119: R-2AH Setback and Building Separation Standards, and Table 23.202-1210: R-2AH Lot Coverage Standards.

TABLE 23.202-98: R-2A LOT AND HEIGHT DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft. 23.304.010 - Lot
Requirements
Per Dwelling Unit 1,650 sq. ft. [1]
Usable Open Space, per Dwelling Unit, Per 1,000
sq. ft. gross residential floor area Minimum 400 150 sq. ft

23.304.090 –
Usable Open
Space
Main Building Height, Average
New Buildings and Non-Residential Additions,
Maximum
28 35 ft. or and
3 stories
Within 15 ft. of Rear Property Line,
Maximum 22 ft.

23.304.050 –
Building Height
Residential Additions 14 ft. [3]
Residential Density (du/acre)
Minimum 20
Maximum 60

23.106.100 –
Residential
Density
Lot Line Setbacks, Minimum
Front [1] 5 ft.

Rear [1] 5 ft.

23.304.030 –
Setbacks
Commented [HJ26]: Revising R-2A development standards; separate development standard table for the Hillside Overlay.

Interior Side 4 ft.

Street Side 4 ft.

Building Separation, Minimum 5 ft.

Lot Coverage, Maximum 60% 23.304.120 – Lot
Coverage
Notes:
[1] Front and rear setbacks must add up to at least 20 feet. [1] One additional dwelling unit is allowed for remaining lot area between 1,300 and 1,650 square feet.
[2] Maximum 35 ft. with an AUP.
[3] Addition height greater than 14 ft. up to 28 ft. allowed with an AUP. Addition height greater than 28 ft up to 35 ft allowed with an additional AUP.

TABLE 23.202-10: R-2AH DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft.

Per Dwelling Unit 1,650 sq. ft. [1]

23.304.010 - Lot
Requirements
Usable Open Space, per Dwelling Unit, Minimum 400 sq. ft

23.304.090 –
Usable Open
Space
Main Building Height, Average
New Buildings and Non-Residential
Additions
28 ft. and 3
stories [2]

23.210.020 –
Hillside Overlay
Zone

23.304.050 –
Building Height
Residential Additions, Height
Average
14 ft. or
highest
existing portion
of roof,
whichever is
lower. [3]
Maximum 20 ft. [4]
Commented [HJ27]: Preserving existing standards within Hillside Overlay

Notes:
[1] One additional dwelling unit is allowed for a remaining lot area between 1,300 and 1,650 square feet.
[2] Average Building Height 35 ft. with an AUP.
[3] Average Building Height greater than 14 ft. up to 28 ft. allowed with an AUP.

Average building height greater than 28 ft up to 35 ft allowed with an additional AUP. [4] Maximum building height greater than 20 ft. allowed with an AUP pursuant to BMC

23.210.020(C)(2).

TABLE 23.202-119: R-2AH SETBACK AND BUILDING SEPARATION STANDARDS

STANDARDS BY BUILDING STORY
1ST 2ND 3RD

SUPPLEMENTAL

STANDARDS
Lot Line Setbacks, Minimum
Front 15 ft. 15 ft. 15 ft.

Rear 15 ft. 15 ft. 15 ft.

Interior 4 ft. 4 ft. 6 ft.

Street Side 6 ft. 8 ft. 10 ft.

23.304.030–
Setbacks
Building Separation, Minimum 8 ft. 12 ft. 16 ft.

23.304.040–
Building
Separation in
Residential
Districts
TABLE 23.202-1210: R-2AH LOT COVERAGE STANDARDS

STANDARD BASED ON BUILDING
HEIGHT
1 STORY 2

STORIES
3 STORIES

SUPPLEMENTAL

STANDARDS
Lot Coverage, Maximum
Interior and Through Lots 45% 40% 35%
Corner Lots 50% 45% 40%

23.304.120
Section 17. That BMC Section 23.202.100(E)(2) is amended to read as follows:

3. Supplemental Standards. Supplemental development standards that apply in the R-3 district are noted in Table 23.202-1113: R-3 Development Commented [HJ28]: Renumbering

Standards.

Section 18. That the title of Table 23.202-11: R-3 Development Standards within BMC Section 23.202.100 is amended to read as follows:

TABLE 23.202-1311: R-3 DEVELOPMENT STANDARDS
Section 19. That the BMC Sections 23.202.110(E)(1) and (2) are amended to read as follows:

E. Development Standards.

1. Basic Standards. See Table 23.202-1412: R-4 Lot and Height Standards, Table 23.202-1513: R-4 Setback and Building Separation Standards, and Table 23.202-1614: R-4 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-4 district are noted in Table 23.202-1412: R-4 Lot and Height Standards, Table 23.202-1513: R-4 Setback and Building Separation Standards, and Table 23.202-1614: R-4 Lot Coverage Standards.

Section 20. That the title of Table 23.202-12: R-4 Lot and Height Standards within BMC Section 23.202.110 is amended to read as follows:

TABLE 23.202-1412: R-4 LOT AND HEIGHT STANDARDS
Section 21. That the title of Table 23.202-13: R-4 Setback and Building Separation Standards within BMC Section 23.202.110 is amended to read as follows:

TABLE 23.202-1513: R-4 SETBACK AND BUILDING SEPARATION STANDARDS Section 22. That the title of Table 23.202-14: R-4 Lot Coverage Standards within BMC Section 23.202.110 is amended to read as follows:

TABLE 23.202-1614: R-4 LOT COVERAGE STANDARDS
Section 23. That BMC Section 23.202.120(D)(1) and (2) be amended to read as follows:

D. Development Standards.

1. Basic Standards. See Table 23.202-175: R-5 Lot and Height Standards, Table 23.202-186: R-5 Setback and Building Separation Standards, and Table 23.202-197: R-5 Lot Coverage Standards.

Commented [HJ29]: Renumbering
Commented [HJ30]: Renumbering
Commented [HJ31]: Renumbering
Commented [HJ32]: Renumbering
Commented [HJ33]: Renumbering
Commented [HJ34]: Renumbering

2. Supplemental Standards. Supplemental development standards that apply in the R-5 district are noted in Table 23.202-175: R-5 Lot and Height Standards, Table 23.202-186: R-5 Setback and Building Separation Standards, and Table 23.202-197: R-5 Lot Coverage Standards.

Section 24. That the title of Table 23.202-15: R-5 Lot and Height Standards within BMC Section 23.202.120 is amended to read as follows:

TABLE 23.202-175: R-5 LOT AND HEIGHT STANDARDS
Section 25. That the title of Table 23.202-16: R-5 Setback and Building Separation Standards within BMC Section 23.202.120 is amended to read as follows:

TABLE 23.202-186: R-5 SETBACK AND BUILDING SEPARATION STANDARDS Section 26. That the title of Table 23.202-17: R-5 Lot Coverage Standards within BMC Section 23.202.120 is amended to read as follows:

TABLE 23.202-197: R-5 LOT COVERAGE STANDARDS
Section 27. That BMC Section 23.202.130(E)(1) and (2) are amended to read as follows:

E. Development Standards.

1. Basic Standards. See Table 23.202-2018: R-S Development Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-S district are noted in Table 23.202-2018: R-S Development Standards.

Section 28. That the title of Table 23.202-18: R-S Development Standards within BMC Section 23.202.130 is amended to read as follows:

TABLE 23.202-2018: R-S DEVELOPMENT STANDARDS
Section 29. That BMC Section 23.202.140(E)(1) is amended to read as follows:

1. Basic Standards. See Table 23.202-2119: R-SMU Development Standards.

Section 30. That the title of Table 23.202-19: R-SMU Development Standards within BMC Section 23.202.140 is amended to read as follows:

Commented [HJ35]: Renumbering
Commented [HJ36]: Renumbering
Commented [HJ37]: Renumbering
Commented [HJ38]: Renumbering
Commented [HJ39]: Renumbering
Commented [HJ40]: Renumbering
Commented [HJ41]: Renumbering

TABLE 23.202-219: R-SMU DEVELOPMENT STANDARDS
Section 31. That BMC Section 23.202.150(D) is amended to read as follows:

D. Ground-floor Uses. See Table 23.202-220: Permitted Street-Facing Ground Floor Uses.

Section 32. That the title of Table 23.202-20: Permitted Street-Facing Ground Floor Uses within BMC Section 23.202.150 is amended to read as follows:

TABLE 23.202-220: PERMITTED STREET-FACING GROUND FLOOR USES Section 33. That BMC Section 23.202.150(F)(1) and (2) are amended to read as follows:

1. Basic Standards. See Table 23.202-2321.

2. Supplemental Standards. Supplemental standards that apply in the R- BMU district are noted in Table 23.202-2321.

Section 34. That the title of Table 23.202-21 within BMC Section 23.202.150 is amended to read:

TABLE 23.202-2321: R-BMU DEVELOPMENT STANDARDS
Commented [HJ42]: Renumbering
Commented [HJ43]: Renumbering
Commented [HJ44]: Renumbering
Commented [HJ45]: Renumbering

Section 35. That the lines “Single-Family,” “Two Family,” and “Multi-Family” in Table 23.204-1: Allowed Land Uses in Commercial Districts within BMC Section 23.204.020 are amended to read as follows:

COMMERCIAL DISTRICTSZC = Zoning
Certificate
AUP =
Administrative Use
Permit
UP(PH) = Use
Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note
Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Residential Uses
Single-Family
Residential
UP(H) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3;

23.302.070.H
Two-Family UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3;

23.302.070.H
Multi-Unit
Residential Family
UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3;

23.302.070.H
Commented [HJ46]: Land Use Type name changes only

Section 36. That the lines “Single Family,” “Two Family,” “Multi-Unit Family” and “Mixed Use Residential” in Table 23.206-1: Allowed Land Uses in Manufacturing Districts within BMC Section 23.206.020 are amended to read as follows:

MANUFACTURING DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see

23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*)
Residential Uses
Dwellings
Single-Family
Residential NP NP NP AUP 23.206.090.B.8
Two Family NP NP NP AUP* 23.206.090.B.8
Multi-Unit Residential
Family NP NP NP ZC*
UP(PH)

23.206.090.(B).7
&8
Mixed-Use
Residential NP NP NP UP(PH)
*

23.206.090.(B).(7
)
8&9
Section 37. That BMC Section 23.206.090(B)(7) to (9) are amended to read as follows:

7. Multi-Family Dwellings. Table 23.206-13 shows permits required for multi-family dwellings in the MU-R district.

TABLE 23.206-13: MU-R MULTI-FAMILY DWELLING PERMIT REQUIREMENTS

NUMBER OF UNITS PERMIT REQUIRED
3 or 4 AUP
5 or more UP(PH)

8. Residential Uses.
(a) A Use Permit is required to establish a dwelling unit, group living accommodation, or live/work unit MU-R that is within 150 feet of:

An M or MM district; or
A construction product manufacturing or primary product manufacturing use. (b) To deny a Use Permit required by Paragraph (a) above, the ZAB must find that:

Commented [HJ47]: Revised permit requirements
Commented [HJ48]: Removing additional requirements for multi-family residential

The proposed residential use would unreasonably interfere with existing or reasonably foreseeable adjacent land uses in the M or MM district; or Existing or reasonably foreseeable adjacent land uses in the M or MM district would have a material adverse effect on the proposed residential use. (c) As a condition of approval for a Use Permit required by Paragraph (a) above, the residential property owner shall record an acknowledgement that existing or reasonably foreseeable adjacent land uses in the M or MM district may create noise, dust, odors, light/glare, and other impacts that will not be considered a nuisance if they are developed and conducted pursuant to the standards of the district.

9. 7. Residential Mixed-Use Residential. To approve an AUP or Use Permit to establish or expand of a residential mixed-use residential building in the MU-R district, the review authority must find that the specific combination of proposed residential and non-residential uses will not be hazardous or detrimental to persons living and/or working on the site or within the project vicinity.

8. Noticing for New Dwelling Units. This section applies to proposed new dwelling units that are eligible for approval with a Zoning Certificate, as indicated in Table 23.206-1 Allowed Land Uses in Manufacturing Districts. (a) Scope and Timing of Notice. The City shall mail a courtesy notice to tenants of the subject property, and owners and tenants of the adjacent, confronting, and abutting properties, within ten working days of submission of the application to the City.
(b) Content of Notice. Notice shall provide the address of the project, allowable hours of construction and information for tenants of the subject property on how to contact a Rent Board Housing Counselor by e-mail or phone and any other resource information deemed relevant. (c) Mailing Fees. The applicant shall be responsible for the cost of materials, postage, and staff time necessary to process and mail notices.

Section 38. That Table 23.206-14- MU-R Development Standards within Section

23.206.090 is amended to read as follows:

TABLE 23.206-14: MU-R DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum 23.304.020 – Lot
Commented [HJ49]: Noticing requirement.

Commented [HJ50]: Revised development standards

New Lot No minimum
Per Dwelling Unit or Live/Work Unit 1,250 sq. ft. [1]
Requirements
Lot Width, Minimum 40 ft.

Usable Open Space, Minimum
Per Dwelling Unit 1,000 sq. ft. of gross
residential floor area 150 sq. ft.

Per Live/Work Unit 40 sq. ft.

23.304.090 –
Usable Open
Space
Floor Area Ratio, Maximum, Non-Residential 1.50 [12] 23.106.050 - Floor Area Ratio
Residential Density (DU/acre)
Minimum 20
Maximum 60

23.106.100 –
Residential
Density
Main Building Height, Maximum
Live/work 28 ft. and 3 stories
[23]
Residential or mixed-use [34] 35 ft. or and 3
stories
Within 15 ft. of rear property line 22 ft.

All other uses 35 ft. and 2 stories
[45]

23.304.050 -
Building Height
Lot Line Setbacks, Minimum
Front 5 ft.

Rear No minimum [56]
Interior Side No minimum
Street Side 5 ft.

23.304.030 –
Setbacks
Building Separation, Minimum No minimum
5 ft.

Lot Coverage, Maximum 100%
No maximum
Commented [HJ51]: FAR would not apply to residential
projects.

Notes:
[1] One additional dwelling unit allowed for remaining lot area between 750 and 1,250 square feet.
[12] Maximum 1.5 for buildings with 50 percent or more residential or live/work floor area
[23] Maximum 35 ft. with a Use Permit.
[34] Mixed use is defined here as a building with 50 percent or more of gross floor area used for residential (including live/work) purposes.
[45] Maximum 3 stories for arts/craft studios and light manufacturing (with no other non- residential uses) on a block without dwelling units.
[56] Minimum 5 ft. if rear of lot abuts a street.
[7] Setbacks required when abutting or confronting a Residential District. See

23.304.030.C.2.

Section 39. That Table 23.210-1: H Overlay Zone Maximum Allowed Height within Section 23.210.020 is amended to read as follows:

TABLE 23.210-1: H OVERLAY ZONE MAXIMUM ALLOWED HEIGHT

ALLOWED HEIGHT

UNDERLYING BASE DISTRICT

AVERAGE MAXIMUM

MAXIMUM STORIES
New Buildings
R-1, R-1A, R-2, R-2A 28 ft. 35 ft. 3 stories
R-3, R-4, R-5, R-S, C-N,
C-NS 35 ft. 35 ft. 3 stories
Residential Additions
As required by
the base district
or the highest
existing portion
of the roof,
whichever is
lower
20 ft. N/A
Section 40. That BMC Section 23.304.030(B)(1) is amended to read as follows:

1. Corner Lots with a Rear Lot Line Abutting a Key Lot. For corner lots in the R-1, R-1A, R-2 and R-2A districts with a rear lot line abutting a key lot, the minimum street side setback is either:

Commented [HJ52]: Conforming edit: removing R-1A
Commented [HJ53]: Conforming edit: Removing R-1A

(a) One-half the front setback required or existing on the key lot, whichever is less; or
(b) Four feet if the corner lot maintains 50 feet or more rear setback.

Section 41: That Table 23.304-1 Allowed Setback Reductions in Residential District within BMC Section 23.304.030 is amended to read:

TABLE 23.304-1: ALLOWED SETBACK REDUCTIONS IN RESIDENTIAL DISTRICTS

DISTRICT
WHERE

ALLOWED

WHEN ALLOWED

MINIMUM SETBACK

WITH REDUCTION

REQUIRED

PERMIT REQUIRED ADDITIONAL
FINDINGS [1]
Front Setback Reductions
ES-R On any lot No minimum. UP(PH) [2]
The reduced setback is:
1) necessary to allow
economic use of property
due to the size, shape of
the lot or the topography
of the site; and 2)
consistent with the ES-R
district purpose.

Rear Setback Reductions
ES-R [3] On any lot No minimum UP(PH) [2]
The reduced setback is:
1) necessary to allow
economic use of property
due to the size, shape of
the lot or the topography
of the site; and 2)
consistent with the ES-R
district purpose.

R-1, R-
1A
On a lot less
than 100 ft.
deep
20% of lot depth
[4] ZC None
R-1A To construct a
dwelling unit 12 ft. AUP
The unit would not cause
a detrimental impact on
emergency access; or on
light, air or privacy for
neighboring properties.

Commented [HJ54]: Removing R-1A; new provisions to reflect 20 ft combined front and rear setback requirement

DISTRICT
WHERE

ALLOWED

WHEN ALLOWED

MINIMUM SETBACK

WITH REDUCTION

REQUIRED

PERMIT REQUIRED ADDITIONAL
FINDINGS [1]
R-2, R-
2A, R-3,
R-4, R-5
[45]
On a lot with
two or more
main buildings
with dwelling
units
No minimum AUP No additional findings
Side Setback Reductions
ES-R [3] Any lot
No minimum
UP(PH) [2] The reduced setback is:
1) necessary to allow
economic use of property
due to the size, shape of
the lot or the topography
of the site; and 2)
consistent with the ES-R
district purpose.

R-1, R-2,
R-2A R-
1A
Lot width less
than 40 ft. [5]
10% of lot width
or 3 ft.,
whichever is
greater
ZC
None
R-2H, R-
2AH
Lot width less
than 40 ft.

First and
second stories:
10% of lot width
or 3 ft.,
whichever is
greater; Third
story: 5 4 ft.

ZC
None
Notes:
[1] Findings are in addition to any AUP or Use Permit findings required in 23.406- Specific Permit Requirements.
[2] Fire Department must review and approve reduced setbacks in respect to fire safety. [3] For lots less than 5,000 square feet, reductions are not allowed for property lines abutting a property under different ownership.
[4] The resulting rear setback becomes the total setback required for the front and rear to add up to. Front and rear setbacks may not be less than 5 ft. [45] Parcels located within the R-3 district within the Southside Plan boundaries are exempt from this section.
[5] Not permitted for rear main buildings in the R-1A district.

Section 42. That the line “R-1A” in Table 23.304-4: Permits Required for Building Separation in Residential Districts within BMC Section 23.304.040 is amended to read as follows

DISTRICT
WHERE

ALLOWED
WHEN

ALLOWED
PERMIT
REQUIRED FINDINGS [1]
R-1A On a lot with
two or more
main
buildings with
a dwelling
unit
AUP
The unit would not cause a detrimental
impact on emergency access; or on
light, air or privacy for neighboring
properties.

Section 43. That BMC Section 23.322.100(C)(1) is amended to read as follows:

1. General. The following requirements apply to required on-site loading spaces in all districts except for the R-1, R-1A, R-2, R-2A districts. (a) Dimensions. A required loading space must be at least 12 feet wide and 25 feet long with a minimum vertical clearance of 14 feet. (b) Location. A required loading spaces must be located on the same lot as the structure or use the space is designed to serve.
(c) Parking Spaces. A required parking space may not be used to satisfy the requirements for an off-street loading space.
(d) Access and Paving. A required loading space must have adequate means of access from a street or alley. Both the space and access driveway must be paved with a durable, dustless material that is usable under all weather conditions.

Section 44. That BMC Section 23.324.050(D)(3)(a) is amended to read as follows:
(a) A Use Permit is required for an addition to and/or enlargement of a structure or building that exceeds the maximum allowed lot coverage, or maximum floor area ratio, or is nonconforming to minimum or maximum residential density.

Section 45. That BMC Section 23.326.030(B)(1)(c) is amended to read as follows:
(c) The demolition is necessary to permit construction approved pursuant to this Chapter of at least the same number of Residential Dwelling Units.

Commented [HJ55]: Conforming edit: removing R-1A
Commented [HJ56]: Conforming edit: removing R-1A
Commented [HJ57]: Technical conforming edit to allow an addition to a single family dwelling in the R-2A, without triggering minimum density requirement of 2 units.

Commented [HJ58]: Technical edit to demo ordinance.

Section 46. That BMC Section 23.326.030(B)(2) is amended to read as follows:

2. A Single-Family Dwelling may be demolished with an AUP a Zoning Certificate, if the demolition is part of a development project that would result in a net increase in residential density.

Section 47. That BMC Section 23.406.020(E) is amended to read as follows:

E. Review and Action

1. The Zoning Officer shall review a Zoning Certificate application to verify compliance with the Zoning Ordinance. If the project complies with all applicable requirements, the Zoning Officer shall approve the application.

2. The Zoning Officer may attach to the Zoning Certificate project plans and other information as needed to document project compliance with the Zoning Ordinance.

3. The Zoning Officer may attach to the Zoning Certificate any applicable uniformly applied Standard Conditions of Approval.

Section 48. That BMC Section 23.502.020(M)(17) and (18) are amended to read as follows:

17. Multi-Family Dwelling. A building, group of buildings, or portion of a building used or designed as three two or more dwelling units.

18. Multi-Family Residential. A residential use that includes two or more units, excluding ADUs and Junior ADUs, on a single lot.

18. 19 Municipal Animal Shelter. A City-owned facility providing services for humane animal care with programs and services focused on maximizing opportunities for animal adoption. Supporting facilities may include medical care (including spay/neuter), kennels, exercise areas and adoption centers.

Section 49. That BMC Section 23.502.020(R) is amended to read as follows:

R. "R" Terms.

1. Rear Main Building. A main building situated behind another main building existing or proposed on a parcel located in the R-1A district.

21. Receiving Lot. See Lot, Receiving.

32. Recycled Materials Processing . A facility that receives and processes recyclable materials. Processing means preparation of material for efficient Commented [HJ59]: Demo ordinance provision
Commented [HJ60]: Standard Conditions of Approval language recommended by Planning Commission on 3/5
Commented [HJ61]: New language clarifying that this definition does not include J/ADUs.

Commented [HJ62]: Conforming edit: Removing R-1A;
renumbering

shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

43. Recycling Redemption Center. A facility, use, or structure for the collection of recyclable goods, including beverage containers and newspapers.

54. Related Equipment. All equipment necessary for or related to the provision of personal wireless services. Such equipment may include, but is not limited to, cable, conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.

65. Religious Assembly. A building or space primarily used for an assembly of persons to conduct worship or other religious ceremonies, including, but not limited to, churches, synagogues, temples, mosques or shrines.

76. Repair Service, Non-Vehicle. An establishment that provides repair and maintenance services for household appliance, home electronics, office equipment, furniture and other similar items. Excludes vehicle repair.

87. Research and Development. An establishment engaged in the following activities: 1) industrial, biological or scientific research; and/or 2) product or process design, development, prototyping, or testing. This may include labs, offices, warehousing, and light manufacturing functions as part of the overall Research and Development use.

98. Resident. A person whose primary residence is in Berkeley. 109. Residential Care Facility. See Community Care Facility. 1110. Residential Hotel. See Hotel, Residential.
1211. Residential Addition. See Addition, Residential.
1312. Residential Districts. The districts listed under the Residential Districts heading in Table 23.108-1: Zoning Districts.
1413. Residential Hotel Room. A room which is:
(a) Used, designed, or intended to be used for sleeping for a period of 14 consecutive days or more;
(b) Not a complete dwelling unit, as defined in this chapter; and (c) Not a Tourist Hotel Room, as defined in this chapter.

1514. Residential Use . Any legal use of a property as a place of residence, including but not limited to dwelling units, group living accommodations, and residential hotels.
1615. Retail, General. A retail establishment engaged in the sales of personal, consumer, or household items to the customers who will use such items. This use includes antique stores, art galleries, arts and crafts supply stores, bicycle shops, building materials and garden supplies stores, clothing stores, computer stores, cosmetic/personal care items, department stores, drug paraphernalia stores, drug stores, fabric, textile and sewing supply shops, flower and plant stores, food product stores, furniture stores, garden supply stores, nurseries, gift/novelty shops, household hardware and housewares stores, household electronics/electrical stores, jewelry/watch shops, linen shops includes bedding, musical instruments and materials stores, office supply stores, paint stores, photography equipment supply stores, secondhand stores, sporting goods stores, stationery, cards and paper goods stores toy stores and variety stores. This use excludes video rental stores, service of vehicle parts, and firearm/munition sales. 1716. Retaining Wall . A wall designed to contain and resist the lateral displacement of soil and of which such soil is at a higher elevation on one side of the wall.
1817. Review Authority. The City official or body responsible for approving or denying a permit application or other form of requested approval under the Zoning Ordinance.
1918. Rooming House. A building used for residential purposes, other than a hotel, where lodging for 5 or more persons, who are not living as a single household, is provided for compensation, whether direct or indirect. In determining the number of persons lodging in a rooming house, all residents shall be counted, including those acting as manager, landlord, landlady or building superintendent.

See also Boarding House.

Section 50. That BMC Section 23.502.020(S)(21) through 23.502.020(S)(36) is amended to read as follows:

21. Single-Family Residential. A residential use that includes only one single- family dwelling, excluding ADUs and Junior ADUs, on a single lot.

22.21. Single Residential Occupancy (SRO) Room. A room for residential or sleeping purposes in a residential hotel which is designed for occupancy of one person only.

23. 22. Skateboard Ramp. A ramp, platform, course or facility used for skateboard riding and made of wood or other solid material.

Commented [HJ63]: New definition and renumbering.

Clarifying that the definition does not include J/ADUs

24. 23 Slope. The steepness of a site, measured as the ratio of the vertical distance to the horizontal distance between the highest and lowest points of the site. See Figure 23.502-5: Grade or Slope.

FIGURE 23.502-5: GRADE OR SLOPE

25.4 Small Vehicle Sales and Service. An establishment which sells or leases long-term new, used, or pre-owned motorized vehicles other than passenger automobiles and trucks which are characterized by fewer than four wheels or a minimal frame. Types of vehicles sold or leased by this use include motorcycles, scooters, three-wheel motorcycles, electric carts, electric scooters, and such vehicles designed or refurbished for alternative fuels/power sources (alternative to conventional gasoline).

26. 5 Smoke Shop. An establishment engaged primarily in the sale of tobacco and/or tobacco-related products.

27. 6 Solar Energy Device/Equipment. Any solar collector or other solar energy device or any structural design feature of a building of which the primary purpose is to provide for the collection, storage or distribution of solar energy for space heating or cooling, water heating or the generation of electricity.

28.7 Sorority House. A building used for group living accommodations by an organization recognized by the UC Berkeley, or other institution of higher learning.

29.8 Source Lot. See Lot, Source.

30.29 Story. See Section 23.106.060 (Story)

31.30 Street. A public or private thoroughfare which provides principal means of access to abutting lots, including but not limited to, avenue, place, way, manor, drive, circle, lane, court, boulevard, highway, road and any other thoroughfare except an alley or a path as defined in this chapter.

32.31 Street Line. The boundary between a lot and an adjacent street.

33. 32 Structural Alteration. Any physical change to or removal of the supporting members of a building, foundation or bearing walls, columns, beams or girders or creation or enlargement of a window or door, change of a roofline or roof shape, including creating, enlarging or extending a dormer.

34. 33 Structural Alteration, Public Safety. Any structural alteration or physical change to a building that provides greater safety to the public or occupants by strengthening the building against seismic activity, which does not result in new floor area except that created by necessary structural improvements or physical changes as required under Municipal Code Chapter 19.38 and 19.39.

35. 34 Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

A building is a structure for the purposes of this chapter. (a) Accessory Structure. A detached structure, other than an accessory building, in which non-habitable uses or activities other than the principal use of the property are conducted. Residential accessory structures include, but are not limited to, enclosed structures such as garages, carports, garden or tool sheds, and non-enclosed structures such as, but not limited to, fences, gazebos, ground-mounted satellite dishes, skateboard ramps and wheelchair ramps. Non-residential accessory structures include, but are not limited to, storage buildings, garages, sheds and other outbuildings. (b) Subterranean Structure. A roofed structure constructed underground, with no building stories aboveground, of which the roof does not exceed 3 feet above the pre-existing grade. Such structures are either separated from a building or connected to a building only by a passageway or hallway with no openings to finished grade except for a doorway.
(c) Temporary Structure. A tent, tent-house, trailer, mobile office, mobile home or other movable structure or other temporary structure whose construction does not require a building permit.

36. 35 Studio. See Art/Craft Studio.

37. 36 Supportive Housing. As defined in Health and Safety Code 50675.14(b)(2), housing with no limit on length of stay that is occupied by the target population as defined in Health and Safety Code 50675.14(b)(3) and is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

Section 51. That BMC Section 23.502.020(T)(14) is removed as follows:

14.Two-Family Dwelling. A building or use of a lot designed for, or occupied exclusively by, two households.

Commented [HJ64]: Removing obsolete definition.

Section 52. The effective date of this Ordinance shall be September 1, 2025.

Section 53: Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Attachment A
Proposed Zoning Map Changes
The zoning map below reflects the elimination of the R-1A zoning district and the redesignation of R-1A parcels as R-2 parcels. All affected parcels are outlined in light blue.
1831812.1

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

REVISED

AGENDA MATERIAL
for Supplemental Packet 2
Meeting Date: July 23, 2024
Item Number: 1
Item Description: Zoning Ordinance and General Plan Amendments Related to Middle Housing
Submitted by: Jordan Klein, Director, Planning and Development Staff recommend delaying action to adopt the Middle Housing Zoning Ordinance Amendments in order to provide time to conduct Tribal Consultation on the proposed General Plan amendments, pursuant to SB-18. The revised agenda materials update staff’s recommendation to request direction from the City Council on proposed zoning ordinance amendments.

ATTACHMENT 3

Office of the City Manager

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

PUBLIC HEARING
July 23, 2024
To: Honorable Mayor and Members of the City Council
From: LaTanya Bellow, Interim City Manager
Submitted by: Jordan Klein, Director, Planning and Development Subject: Zoning Ordinance and General Plan Amendments Relating to Middle Housing

RECOMMENDATION
Conduct a public hearing, and upon conclusion: of conclusion, provide direction to staff on an Ordinance ordinance amending Berkeley Municipal Code Title 23 (Zoning Ordinance) and the Zoning Map, for the purposes of encouraging development of “middle housing” in areas currently zoned R-1, R-1A, R-2, R-2A and MU-R (“low-density residential districts”); and.

1. Adopt a Resolution amending the General Plan Designations and Land Use diagram for the same purpose.

SUMMARY
The proposed ordinance includes zoning changes to encourage the development of Multi-Family Residential Uses in the R-1, R-1A, R-2, R-2A and MU-R zoning districts.

The proposed changes include:
• Permit Single-Family Residential and Multi-Family Residential uses with a Zoning Certificate (ZC).
• Consolidate the R-1A and R-2 zoning districts.
• Revise development standards related to building height, lot coverage and setbacks, to permit larger residential buildings.
• Establish a new minimum density standard.
• Revise requirements related to Residential Additions and additional bedrooms. • Permit demolition of single-family homes with a ZC if they are part of a project that includes a net increase in units.

The report also includes discussion of Alternative Actions Considered.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

FISCAL IMPACTS OF RECOMMENDATION
The proposed zoning changes are intended to increase the development potential of properties in low-density residential districts. This could result in higher property tax revenues. These changes also allow for larger development projects compared to the current zoning regulations, so on average, the City can expect to collect more development fees on a per-project basis. These fees may include those for affordable housing (BMC 23.328), childcare if the projects involve non-residential uses (BMC

22.20), and public art (BMC 6.13). Additionally, the Berkeley Unified School District Facilities Fee could be expected to generate increased revenues.1 However, the proposed zoning changes also include revisions that would streamline project approvals, which could reduce staff review times and accompanying fees.

CURRENT SITUATION AND ITS EFFECTS
In January 2023, the City Council adopted the 2023-2031 Housing Element Update.

The Housing Element Update includes Program 29—Middle Housing, in which the City Council committed to amend the zoning code to allow multi-unit development on single lots in lower density districts.

Planning Commission Recommendation
At its meeting on February 7, 2024, the Planning Commission recommended that the City Council adopt an Ordinance amending Title 23 to facilitate the production of middle housing in low-density residential districts. The proposed ordinance includes changes that require conforming General Plan Amendments, which require adoption via resolution. The staff report for the February 7, 2024 meeting (Attachment 5) included staff recommendations that differed from the Planning Commission’s ultimate recommendation; see the Alternative Actions Considered section for further detail.

The proposed zoning changes recommended by the Planning Commission are summarized in Table 1, along with the rationale and a summary of any notable Alternative Actions Considered by the Planning Commission. An annotated version of the proposed ordinance, which indicates the rationale for each change in the ordinance itself, is included as Attachment 2. The following is a detailed description of the proposed changes:

TABLE 1 SUMMARY OF PROPOSED MIDDLE HOUSING ZONING AMENDMENTS Ord.

Sect.

BMC Section & Title Description of Changes Rationale Alternative Action
Considered
Title 23, Division 1 – General Provisions

1 April 2023. Berkeley Unified School District (BUSD) School Facility Fees. https://www.berkeleyschools.net/wp-content/uploads/2023/04/BUSD-School-Facility-Fee-Notice-7.28.22- 002.pdf

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

1 23.108.020
Zoning Districts
• R-1A district removed.
• R-1, R-2, and R-2A
renamed.

Conforming
edits.

Title 23, Division 2 – Zoning Districts
2 23.202.020
Allowed Land Uses
Table
• R-1A district removed;
• Two-Family land use
type removed.
• Multi-Family Residential
land use type revised.
• Single Family and Multi
Family Residential
permitted with a ZC in
the R-1, R-2, and R-2A
zoning district.
• Supportive housing and
low barrier navigation
centers permitted with a
ZC in the R-1 zoning
district.

Permitting middle
housing by-right.

Compliance with
State law (Gov.

Code § 65651)
Permit Multi-
Family
Residential
with a ZC,
while Single-
family homes
would still
require a
UP(PH).
3 23.202.030
Additional Permit
Requirements
• All Residential
Additions permitted with
a ZC in R-1, R-2 and R-
2A zoning districts.

Promoting middle
housing.

Only allow
Residential
Additions with
a ZC if they
include new
units.
4 23.202.030
Additional Permit
Requirements
• R-1A district removed.

• All requirements for
additional bedrooms
removed.

Conforming edit.

Promoting middle
housing.

Only allow
additional
bedrooms with
a ZC if they are
part of new
units.
5, 6 23.202.050
R-1 Title and District
Purpose
• R-1 renamed.
• District purpose
revised.

Clarifying that R-
1 is not a single-
family only
district.

7 23.202.050
R-1 Development
Standards
• Development standards
revised:
o Height.
o Setbacks.
o Lot Coverage.
o Minimum
density.
o Open space.

Promoting middle
housing.

Include
Maximum FAR,
Maximum
Density, and
Lot Coverage
that vary by
number of
units.
8 23.202.060
R-1A District
• R-1A district removed. Merging of R-1A
and R-2 zoning
districts.

9, 10 23.202.070 • Renumbering. Renumbering.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

ES-R District
11, 12 23.202.080
R-2 Title and District
Purpose
• R-2 district renamed.
• District purpose
revised.

Conforming edit.
13 23.202.080
R-2 Development
Standards
• Development standards
revised.
o Height.
o Setbacks.
o Lot Coverage.
o Minimum
density.
o Open space.

Promoting middle
housing.

Include
Maximum FAR,
Maximum
Density, and
Lot Coverage
that vary by
number of
units.
14, 15 23.202.090
R-2A Title and
District Purpose
• R-2A district renamed.
• District purpose
revised.

Conforming edit.
16 23.202.090
R-2A Development
Standards
• Development standards
revised.
o Height.
o Setbacks.
o Lot Coverage.
o Minimum
density.
o Open space.

Promoting middle
housing.

Include
Maximum FAR,
Maximum
Density, and
Lot Coverage
that vary by
number of
units.
17-34 Various • Renumbering. Renumbering.
35 23.204.020
Allowed Land Uses
in the Commercial
Districts
• Revising residential use
type titles.

Conforming
edits.

36 23.206.020
Allowed Land Use in
Manufacturing
Districts
• Two-Family land use
type removed.
• Multi-Family Residential
land use type revised.
• 100% residential
projects permitted with
a ZC in the MU-R
district.

Permitting middle
housing by-right
in the MU-R.

Permit Multi-
Family
Residential
with a ZC,
while Single-
family homes
would still
require an
AUP.
37,
38, 39

23.206.030
MU-R Additional
Permit Requirements
• Allow Major Additions
with a ZC.
• Provisions conditioning
residential uses in the
MU-R district removed.

Permitting middle
housing by-right
in the MU-R.

40 23.206.090 • Development standards
revised.

Promoting middle
housing.

Include
Maximum FAR

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

MU-R Development
Standards
o Height.
o Setbacks.
o Lot Coverage.
o Minimum
density.
o Open space.
and Maximum
Density.
41 23.210.020
Hillside Overlay Zone
• Prohibition of multiple
dwellings on a parcel in
the R-2H removed.

Promoting middle
housing.

42 23.210.020
Hillside Overlay Zone
Development
Standards
• R-1A district removed;
• 3 stories maximum
removed (maximum
height unchanged).
• Maximum height for
Additions same as for
New Buildings.

Conforming edit.

Promoting middle
housing.

Take no action
on Middle
Housing
provisions for
the Hillside
Overlay.

Establish
Lower
Maximum
Density
controls in the
Hillside
Overlay.

Establish
Maximum
height of 28
feet in the
Hillside
Overlay.

Title 23, Division 3 – Citywide Provisions
43 23.304.030
Setbacks
• R-1A district removed. Conforming edit.
44 23.304.030
Allowed Setback
Reductions
• R-1A district removed.
• Revised minimum
setback with reduction
to 4 feet in the R-2 and
R-2A zoning districts.

Conforming
edits.

45 23.304.040
Permits Required for
Building Separation
• R-1A district removed. Conforming edit.
46-47 23.322.100
On-site Loading
Spaces
• R-1A district removed. Conforming edit
48 23.326.030 • Demolition of single-
family dwellings
Promoting middle
housing.

Demolition
permitted with

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

Eliminating Dwelling
Units through
Demolition
permitted with a ZC, if
project results in
increased density.
an AUP, if part
of middle
housing project
and not tenant-
occupied.

Title 23, Division 5 – Glossary
49 23.502.020
Defined Terms

• Revised definition of
Multi-family Dwelling
from three or more
units to two or more
units.
• Define Multi-Family
Residential land use
type.

Promote middle
housing.

Conforming edit.

50 • Remove definition of
rear main building.

Conforming edit.
51 • Add Single-Family
Residential land use
type.

Conforming edit.
52 • Remove definition of
Two-Family Dwelling.

Conforming edit.

Zoning Map
Att. A Zoning Map • Replace all R-1A zone
labels with R-2.

Conforming edit.

Consolidation of R-1A and R-2 and Renaming of R-1, R-2, and R-2A Zoning Districts Planning Commission and City Council each noted to staff that there are negligible regulatory differences between the R-1A and R-2 zoning districts, and questioned whether a continued distinction is warranted. Consistent with this feedback, the proposed ordinance would merge the R-1A and R-2 zoning districts. Parcels that are currently zoned R-1A would be zoned R-2 (Attachment 1, Exhibit A). Within the proposed ordinance itself, this change would require the removal of the R-1A section of the zoning ordinance, as well as the deletion of occasional references to the R-1A zoning district throughout the code.

The proposed ordinance includes a revised naming scheme of the R-1, R-2 and R-2A zoning districts. As the R-1 zoning district is no longer a single-family residential district, and as all three districts would permit Multi-Family Residential uses with a Zoning Certificate, the three zoning districts are proposed to be renamed as follows:
• R-1 Single-Family Residential Multi-Unit 1
• R-2 Restricted Two-family Residential Multi-Unit 2

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

• R-2A Restricted Multiple-Family Residential Multi-Unit 2A

Planning Commission also considered further consolidation of zoning districts, as detailed in the Alternative Actions Considered section.

Permits and Levels of Discretion
Current Policy: Table 2 includes the current permit requirements in low-density residential districts for residential projects that include dwelling units.

TABLE 2 CURRENT PERMIT REQUIREMENTS
R-1/R-1H R-1A R-2 R-2H
R-2A/
R-2AH
MU-R
Single-Family UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) AUP
Two-family NP UP(PH) UP(PH) NP UP(PH) AUP
Multi-Family NP NP UP(PH) NP UP(PH) AUP or
UP(PH)
AUP: Administrative Use Permit
UP(PH): Use Permit with a Public Hearing
NP: Not Permitted

Proposed Standard: The proposed standards would combine Two-Family and Multi- Family Residential uses into a single Multi-Family Residential use type, which would apply to all projects with two or more units. Single-Family or Multi-Family Residential projects that comply with all objective standards would be permitted with a ZC; no discretionary permit or public hearing would be required. The proposed standards would not change any permit requirements for Group Living Accommodation or Mixed-Use Residential uses in these zones. Table 3 summarizes the recommendation:

TABLE 3 PROPOSED PERMIT REQUIREMENTS

R-1(H) R-2(H) R-2A(H) MU-R
Single-
Family ZC ZC ZC ZC

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

Multi-Family
Residential ZC ZC ZC ZC

Planning Commission also considered preserving the UP(PH) requirement for Single- Family Dwellings, as detailed in the Alternative Actions Considered section.

Residential Additions and Additional Bedrooms
The proposed ordinance includes changes to the regulation of Residential Additions in the R-1, R-2, and R-2A zoning districts. Currently, BMC Section 23.202.030 requires an AUP for a Residential Addition that exceeds a certain size, and the Residential Addition is subject to height limits that are more restrictive than those for new Main Buildings.

The proposed ordinance would permit Residential Additions that comply with the development standards for Main Buildings with a Zoning Certificate. The proposed ordinance would also revise the maximum height for Residential Additions. Currently, the maximum height for Residential Additions in the R-1, R-2 and R-2A zoning districts is 14 feet. The proposed ordinance would include the same height limits for Residential Additions as exist for Main Buildings (28-foot average height and 35-foot maximum height. See Maximum Building Height, below).

Planning Commission also considered applying these revised standards only to Residential Additions that include new units, as detailed in the Alternative Actions Considered section.

The proposed ordinance would also remove additional requirements for bedrooms that are added to existing dwellings or lots developed with existing residential uses.

Currently, BMC Section 23.202.030 requires an Administrative Use Permit (AUP) when adding a fifth bedroom to a lot, and a UP(PH) for adding any bedroom beyond the fifth to a lot. As the proposed ordinance would permit altogether new Multi-Family Residential buildings ministerially, requiring a discretionary review process for an additional bedroom would discourage the conversion or adaptive reuse of existing buildings.

Planning Commission also considered applying these new provisions for added bedrooms only when they are part of a project that includes new units, as detailed in the Alternative Actions Considered section.

Development Standard Revisions
The following sections summarize changes to the development standards in the proposed R-1, R-2, R-2A and MU-R zoning districts. The proposed development standards reflect the overall goals of City Council’s referrals and Program 29-Middle Housing of the Housing Element to a) permit more development on a lot; and b) be based on objective standards that cannot be modified with additional permits or

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

discretionary processes. Existing and proposed development standards are summarized in tables in Attachment 4.

Density Standard
Current Policy: The Berkeley Municipal Code does not include any minimum density standards for low-density residential zones that are expressed in “units per acre”. In the R-1, R-1A, R-2, and R-2A districts, density is limited by requirements for a “minimum lot size per unit” standard and by specific residential land use types (e.g. “Single-Family,” “Two-Family”).

Proposed Standard: Table 4 summarizes the proposed density standards expressed in units per acre, and includes the number of units that may result from that standard on a typical 5,000 square foot lot in each zone. There is no minimum density requirement for lots in the Hillside (H) Overlay district. Minimum densities would apply for new development on a vacant lot or redevelopment and infill of existing nonvacant lots.

TABLE 4 PROPOSED DENSITY STANDARDS
R-1 R-2 R-2A MU-R
Minimum Density
(DU/acre) 10 10 20 20
Resulting units on a 5,000 sf lot
Minimum Units 1 1 2 2

The proposed density standards do not include any eligible Accessory Dwelling Units (ADUs).

Planning Commission also considered establishing Maximum Density Standards, as detailed in the Alternative Actions Considered section.

Building Height
Current Policy: The Berkeley Municipal Code generally limits average building heights for Main Buildings in most low-density residential districts to 28 feet and three stories, with a possible increase to 35 feet with an AUP. In the Hillside Overlay, the Zoning Officer may approve an AUP to increase the allowed average height (28 feet) and allowed maximum height (35 feet). In the MU-R, the maximum height is 35 feet and 3 stories without the need for an additional AUP. Current policy also limits the height of Residential Additions to 14 feet, with a possible increase to 35 feet with an AUP.

Proposed Policy: The proposed development standards for maximum building height include:

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

• The maximum average building height in low-density residential districts would be 28 feet.
• The maximum height in low-density residential districts would be 35 feet, but would be reduced to 22 feet within 15 feet of a rear property line. • The limit on the maximum number of stories would be removed; maximum height would only be measured in feet.
• Height standards for Main Buildings and Residential Additions would be the same.

The proposed development standards largely preserve existing height limits, while providing pathways for slightly taller projects (and more dwelling units) through a nondiscretionary process based on objective standards. The proposed standards also include lower maximum heights near the rear property line, in consideration of potential impacts on neighboring properties and solar access.2

Planning Commission also considered establishing a lower maximum height standard within the Hillside Overlay, as detailed in the Alternative Actions Considered section.

Minimum Required Open Space
Current Policy: Table 5 summarizes current minimum open space requirements in low- density residential zones, on a per unit basis, as well as the proposed standard.

TABLE 5 MINIMUM REQUIRED OPEN SPACE STANDARDS
CURRENT R-1(H) R-1A R-2(H) R-2A(H) MU-R
Per dwelling unit (sf) 400 300 150
PROPOSED R-1(H) R-2(H) R-2A R-2AH MU-R
Per 1,000 sf of floor
area (sf) 150

Proposed Policy: The proposed development standard would require 150 square feet of open space for every 1,000 square feet of floor area on a project site. Required open space would no longer be based on the number of units, but on a project’s total floor area. The proposed open space standard is designed to permit a larger percentage of

2 Details of the solar access study conducted by staff in the preparation of these zoning changes can be found in the staff report for the September 20, 2022 City Council Worksession (pg. 13 -14). https://berkeleyca.gov/sites/default/files/documents/2022-09- 20%20WS%20Item%2001%20Residential%20Objective%20Standards.pdf

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

total lot area to be dedicated to residential development while also preserving the requirement to provide residents with usable open space.

Maximum Lot Coverage
Current Policy: Table 6 summarizes existing maximum lot coverage requirements.

Current requirements distinguish between interior and corner lots, and reduce maximum lot coverage for taller projects.

TABLE 6 CURRENT MAXIMUM LOT COVERAGE STANDARDS
R-1 R-1H R-1A R-2 R-2H R-2A R-2AH MU-R
Interior & Through-Lots
1 story
40% 40%
45%
100% 2 stories 40%
3 stories 35%
Corner Lots
1 story
40%
50% 50%
100% 2 stories
45%
45%
3 stories 40%

Proposed Policy: The proposed development standard would be 60% maximum lot coverage on all parcels in the R-1, R-1H, R-2, R-2H, R-2A and R-2AH zoning districts.

Distinctions in lot coverage between interior/through lots and corner lots would be eliminated, as well as distinctions in lot coverage based on the number of stories. The Planning Commission recommended this lot coverage standard to increase developable area to facilitate the development of more units, and applied the standard across all zoning districts to eliminate any disparities in development intensity across zoning districts.

Planning Commission also considered establishing maximum lot coverage controls that vary based on the number of units included in a proposed project, as detailed in the Alternative Actions Considered section.

Minimum Setbacks
Current Policy: The Berkeley Municipal Code currently regulates four types of setbacks:
• Front and Rear Setbacks: Front and rear setbacks are 20 feet in the R-1, R-1H, R-1A, R-2 and R-2H zoning districts, and 15 feet in the R-2A and the R-2AH districts.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

In the MU-R zoning district, lots adjacent to a non-residential district have no rear setback, unless they abut a street, in which case a 5-foot rear setback is required. A lot in the MU-R adjacent to a residential district must provide a rear setback of either 10 feet or 10% of the lot’s width, whichever is less. • Interior Side Setbacks: Interior side setbacks are based on building height. The interior side setback is 4 feet at the first story for all low-density residential districts, except the MU-R. At the second story, the interior setback increases to 6 feet in the R-2, R-2H, R-2A, and R-2H districts. Interior side setbacks can be reduced to 3 feet (or 5 feet) with a ZC.

In the MU-R district, lots adjacent to a residential district must provide an interior side setback of either 10 feet or 10% of the lot’s width, whichever is less. There are no other interior side setback requirements in the MU-R. • Street Side Setbacks: Street side setbacks are 4 feet in the R-1, R-1H, and R-1A districts, 10 feet in the R-2 and R-2H districts, and vary by height in the R-2A and R-2AH districts (6 feet at first story, 8 feet at second story and 10 feet at third story).

In the MU-R district, lots adjacent to a non-residential district must provide a 5- foot street side setback. Lots adjacent to a residential district must provide a street side setback of either 10 feet or 10% of the lot’s width, whichever is less.

There are no other street side setback requirements in the MU-R.

The Zoning Officer may approve an AUP to reduce the minimum setbacks in the H Overlay.

Proposed Policy: The proposed development standards include the following:
• Front Setbacks: Front setback standards would be reduced by 5 feet in the R-1 and R-2 zoning districts (from 20 feet to 15 feet) and the R-2A zoning district (from 15 feet to 10 feet), but would remain the same in the R-1H, R-2H, R-2A, R- 2AH and MU-R zoning districts. Also, a project could provide a smaller setback that is the average of the front setback(s) of adjacent structure(s), if that is less than the required setback.
• Rear Setbacks: The rear setback in the R-1, R-2 and R-2A zoning districts would be 4 feet. The rear setbacks would remain 20 feet in the R-1H and R-2H zoning districts, and 15 feet in the R-2AH zoning district. The MU-R would maintain its existing regulations. The 4-foot rear setback is consistent with the setbacks required for ADUs. As noted above, a building’s maximum height would be limited to 22 feet within 15 feet of the rear property line under the proposed ordinance.
• Interior Side Setbacks: The interior side setback in the R-1, R-2 and R-2A zoning districts would be 4 feet, but would be 5 feet in the R-1H, R-2H and R-2AH zoning districts. The MU-R would maintain its existing regulations. This increase reflects State Board of Forestry Zone Zero requirements, which call for an

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

ember-resistant zone within five feet of a structure in a Very High Fire Hazard Severity Zone. The proposed standards would also remove existing interior setbacks that increase at upper stories. These existing standards not only reduce available square footage for residential uses, but also result in buildings that are designed with a layered “wedding cake” appearance.
• Street Side Setbacks: Street side setbacks would be 4 feet in all low-density residential districts. There would be no changes to street side setbacks in the MU-R.

Building SeparationError! Reference source not found.

Current Policy: Current building separation requirements (that is, the required separation between each building on a single lot) are summarized in Table 7

TABLE 7 CURRENT BUILDING SEPARATION STANDARDS
R-1(H) R-1A R-2(H) R-2A(H) MU-R
1 story
No min
8 ft.

No min 2 stories 12 ft.
3 stories 16 ft.

Reduce with an AUP -- Yes --

Proposed Policy: The proposed development standards would create a 5-foot building separation requirement, regardless of the height of the proposed project, and an 8-foot building separation requirement for parcels in the H overlay. This requirement would be consistent with the separation requirements for ADUs, and would also remove a development standard that has resulted in buildings designed with a layered “wedding cake” appearance.

Demolition of Single-Family Structures
Current Policy: Recent updates to BMC Chapter 23.326 Demolition and Dwelling Unit Control, the second reading of which was adopted on July 9, provide for the demolition of single-family structures without sitting tenants via an AUP as long as the proposed project would result in a net increase in the number of dwelling units.

Proposed Policy: Pursuant to the adopted Housing Element, which commits the City Council to consider permitting the demolition of single-family homes with a Zoning Certificate, with provisions to protect existing tenants, in cases where the proposed project would include a net increase in the number of dwelling units, the proposed ordinance includes this provision.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

Planning Commission also considered permitting demolition with an AUP, as detailed in the Alternative Actions Considered section.

City Council Referrals

The proposed zoning amendments are prepared in response to several City Council referrals to create objective development standards and promote denser development in low-density residential zones, as shown in Table 8:

TABLE 8 CITY COUNCIL REFERRALS
Housing
Accountability
Act (7/11/2017)
Requested research into a set of objective zoning standards for new development projects in the following four areas:
• Density and/or building intensity
• Public health and safety standards
• Design review standards
• Views, shadows, and other impacts that underlie detriment findings Missing Middle
Housing
(4/23/2019)

Examine methods to provide for a broader range of housing types in areas of Berkeley with access to parks, schools, employment, transit, and other services.

The Council directed the City Manager to explore opportunities to allow “missing middle” housing types in the R-1, R-1A, R-2, and R-2A zoning districts.

Eliminating
Exclusionary
Zoning
(2/23/2021)
Allow multi-family housing in residential neighborhoods throughout Berkeley, and to allow for small-scale multi-family development in the R-1, R-1A, R-2, and R-2A zoning districts. As part of this effort, the resolution calls for the city to also:
• Protect public safety in all neighborhoods
• Allow for new housing that reflects the existing mix of multi-family housing types within neighborhoods
• Provide strong anti-displacement and tenant protections • Accommodate families in new and rehabilitated multi-family housing developments
• Ensure that new development does not demolish any rent-controlled or below market-rate housing
• Explore incentives for projects to contribute to the need for affordable housing • Carry out a robust community process when developing zoning changes.

Objective
Standards for
Density, Design,
and Shadows
(11/9/2021)
Consider and codify objective zoning standards with the goal of encouraging the creation of additional residential development and affordable homes. Further purposes include:
• Address State laws that seek to reduce time involved in permitting processes • Increase certainty for applicants
• Reduce administrative costs and burden associated with discretionary review.

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Community Engagement to Date
Planning and Development staff conducted significant community engagement, regarding middle housing standards, both as a program within the adopted Housing Element and as a set of policy proposals in their own right. The outreach and engagement plan for the adopted Housing Element included 20 stakeholder interviews, a community-wide survey, 20 small format meetings, three work sessions with the City Council, tabling at community events, three public workshops, and 10 City boards and commission meetings (see Table 9).

While not all of these outreach efforts or events were specifically focused on Middle Housing, redevelopment within existing residential areas was a consistent theme in all of staff’s outreach. Consultation with residents and neighborhood groups was a key part of the development of specific standards to encourage multi-unit development, within a framework based on City Council’s direction in the Missing Middle Housing and Eliminating Exclusionary Zoning referrals.

The proposed zoning amendments include many elements that were directly informed by community engagement. For example, early in the process, staff heard consistent feedback that permitting larger buildings in existing residential areas may result in shadows that could have an adverse impact on solar power generation and could limit solar access to private open space. As a result of this feedback, staff engaged a consultant to conduct solar studies to ascertain the solar access effects off taller buildings. Based on these studies, staff is recommending a 35-foot average maximum height limit to help minimize impacts to solar access for most neighboring properties in existing residential areas.

Another common concern was the potentially adverse impact of more building mass in existing residential areas. Residents understood the need to provide more housing but did not want development standards to simply result in larger single-family homes.

Staff’s recommendation reflected this feedback in two ways. First, the development standards include lower maximum heights in the rear 15 feet of a building lot, to limit overall building bulk and to preserve air and light in mid-block open space. Second, staff’s recommendation included scaling floor area ratio and lot coverage so that the development of larger buildings was more directly related to the provision of more housing units.

TABLE 9 COMMUNITY, COMMISSION AND COUNCIL MEETINGS
September 21, 2021 City Council Worksession #1
Housing Element Update
November 24, 2021-
January 31, 2022
Community Walking Tours
West Berkeley Middle Housing Examples

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December 7, 2021 Public Workshop #1
Housing Element & Residential Objective Standards
December 9, 2021 City Council Worksession #2
Housing Element Update
December 15, 2021 Planning Commission and Zoning Adjustments Board Subcommittee Residential Objective Standards
January 27, 2022 Public Workshop #2
Housing Element & Residential Objective Standards
February 16, 2022 Planning Commission and Zoning Adjustments Board Subcommittee Residential Objective Standards
March 15, 2022 City Council Worksession #3
Housing Element Update and Residential Objective Standards June 1, 2022 Planning Commission
Objective Standards for Middle Housing
June 29, 2022 Public Workshop #3
Housing Element & Residential Objective Standards
September 20, 2022 City Council Worksession
Residential Objective Standards: Middle Housing and Southside August 2023 City Councilmember Briefings
Middle Housing
November 1, 2023 Planning Commission
Middle Housing Discussion
February 2, 2024 Planning Commission
Public Hearing: Middle Housing Zoning Changes

The proposed zoning amendments are designed to satisfy the requirements of Program 29—Middle Housing in the adopted Housing Element.

Implications for Historic and Cultural Resources
As the Environmental Impact Report for the Housing Element disclosed, “development accommodated by the proposed Housing Element Update [including middle housing and by-right demolition] could adversely affect known and previously unidentified historic period resource.” Currently, the requirement to obtain a Use Permit to demolish a structure requires properties more than 40 years old to be subject to an Historic Resource Evaluation (HRE), which helps establish whether a property is an historic or cultural resource. If demolition were permitted with a ZC, an HRE would not be required.

As a result, some properties that have not yet had their historic or cultural resources status evaluated could be subject to demolition without preservation review.

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The Housing Element EIR includes the following mitigation measure to address this potential impact:

CUL-1 Historic Context Statement, Cultural Resources Survey and Designations. During the period of this Housing Element, the City should conduct a citywide historic context statement and a cultural resource survey to identify historic resources, with priority given to sites in the EIR Site Inventory, to determine if there are designed built environment features which are over 40 years of age proposed to be altered or demolished. Designation of historic or cultural resources should be conducted by the Landmarks Preservation Commission pursuant to 3.24.260 of the Berkeley Municipal Code.

The development of a citywide historic context statement has been proposed but has not yet been initiated. To reduce the time and cost related to such a study, an historic context statement could also be focused geographically on areas of the city that are either a) particularly rich in potential historic resources, and/or b) are anticipated to experience redevelopment as a result of the proposed ordinance.

Technical Edits

The proposed ordinance includes the following technical edits:

• Renumbering of BMC Sections. For ease of review, sections of the proposed ordinance that are exclusively renumbering of existing sections are highlighted in gray in Attachment 2.

• Low-Barrier Navigation Center and Supportive Housing. Government Code Section 65651 requires supportive housing and low barrier navigation centers to be a use by-right in any zone that permits multifamily uses. As the proposed ordinance would permit Multi-Family Residential uses in the R-1 zoning district, the Residential Allowed Use table would be amended to permit supportive housing and low barrier navigation centers with a ZC in the R-1 zoning district to comply with state law.

General Plan Amendments

The proposed zoning changes require conforming General Plan amendments.

Attachment 3 is a resolution that includes the text of these amendments. The amendments are summarized below:
• Removal of R-1A Zoning District: The proposed zoning changes include consolidating parcels currently zoned as R-1A and R-2 into a single R-2 zoning

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

district. The proposed General Plan amendments include removal of references to the R-1A zoning district.

• Land Use Classification Descriptions: Currently, there are three different land use classifications that characterize the R-1, R-1A, R-2, and R-2A zoning districts:

1. Low Density Residential for the R-1 and Environmental Safety Residential (ES-R) zoning districts.

2. Low Medium Density Residential for the R-1A and R-2 zoning districts.

3. Medium Density Residential for the R-2A and R-3 zoning districts.

Staff proposes reducing the number of land use classifications that apply to these districts to two. This is consistent with the Planning Commission’s recommendation to consolidate the R-1A and R-2 zoning districts and to adopt development standards that are largely consistent across these low-density residential zoning districts. Specifically, staff recommends:

1. Renaming the Low Residential classification to Lower Density Residential.

2. Assigning the Medium Density Residential classification to the R-2, R-2A and R-3 zoning districts.

3. Including technical edits that reflect the Planning Commission’s recommendation with respect to the names of zoning districts and the proposed development standards.

The proposed General Plan amendments also include minor changes to the Mixed-Use Residential land use classification to accurately state the zoning district’s Floor Area Ratio and height regulations.

• General Plan Map Amendments: Consistent with the recommended General Plan text changes, the General Plan Map would be amended to a) rename the Low Density Residential classification; and b) expand the Medium Density Residential classification to include the R-2 and R-2A zoning districts.

BACKGROUND

City Council and Planning Commission Review
The City Council has held four Worksessions to discuss middle housing and residential objective standards. During these sessions, City Council considered issues such as how best to encourage a diversity of housing types, differentiation of standards in the Very High Fire Hazard Severity Zones, affirmatively furthering fair housing, and solar access.

Beginning in late 2021, the full Planning Commission and its Housing Element Subcommittee discussed middle housing on five occasions, and conducted a public

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

hearing on February 7, 2024 to recommend the proposed ordinance. The following list summarizes notable discussion points from each of those meetings, and feedback that the Commission provided to staff to inform the development of the ordinance:

December 15, 2021 and February 16, 2022: Planning Commission and Zoning Adjustments Board Subcommittees
• Encourage smaller units that are “affordable by design.” • Permit more density while discouraging financial speculation. • Balance the environmental trade-offs between protecting rooftop solar access and higher densities.

June 1, 2022: Planning Commission Discussion: Objective Standards for Middle Housing3
• Encourage smaller unit sizes and consider eliminating minimum lot size requirements.
• Reduce the minimum dimensions for required open space.

November 1, 2023: Planning Commission Discussion: Middle Housing4 • Prepare zoning ordinance amendments to encourage middle housing:
o Include parcels located in the Hillside Overlay zone. o Remove the Floor Area Ratio (FAR) Maximum standard, as building bulk is sufficiently regulated through height and setback standards.
o Remove the Maximum Residential Density standard, as regulating building size is the goal of the development standards, not limiting the number of units.
o Increase Maximum Lot Coverage on all parcels to 60%, regardless of the number of units included in a proposed project.

• Prepare zoning amendments to permit demolition of single-family dwellings with a zoning certificate if associated with a middle housing project.

3 Agenda: https://berkeleyca.gov/sites/default/files/legislative-body-meeting-agendas/2022-06- 01%20PC%20Agenda%20Packet_Final.pdf
4 Agenda: https://berkeleyca.gov/sites/default/files/legislative-body-meeting-agendas/2023-11- 01_PC_Agenda_Packet_Paginated.pdf

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Relevant State Laws

Senate Bill 9 (SB 9) requires jurisdictions to ministerially approve two residential units on a parcel within a single-unit residential zone if the development meets specific objective criteria. The bill also requires ministerial review of projects proposing to subdivide one lot into two lots, each with a minimum area of 1,200 square feet, within a single-unit residential zone. It permits up to two units on each parcel (four total dwelling units on what was formerly a single-unit lot) and the new units can be achieved through new construction or conversions/ additions to existing structures. SB 9 applies to all single-family residential parcels not within historic districts, ecologically sensitive zones and other protected areas. In Berkeley, SB 9 applies to the R-1 and R-1H zoning districts.

The proposed ordinance includes provisions which permit Multi-Family Residential uses in the R-1 zoning district. Consequently, the R-1 zoning district would no longer be a single-family residential zone under State law, and SB 9 would no longer apply to parcels in that district.

Senate Bill 35 (SB 35) allows qualified multifamily infill projects to go through a ministerial housing approval process. Eligible projects must provide a minimum share of affordable units, follow certain labor provisions, and be consistent with objective standards. Qualifying projects are not subject to discretionary processes, such as CEQA environmental review and public hearings. Eligible projects with 150 units or fewer (such as middle housing projects) must be approved within 90 days and projects with more than 150 units must be approved within 180 days.

The proposed ordinance includes the codification of objective development standards for residential projects in the low-density residential zones. Middle housing projects located in low-density residential districts could be eligible for SB 35’s streamlining provisions.

Senate Bill 478 (SB 478) prohibits a local agency from imposing an FAR less than 1.0 on a housing project with three to seven units, or less than 1.25 on a housing project with eight to 10 units.

State Density Bonus Law grants certain allowances for projects that include a stipulated amount of affordable housing. Such projects are permitted to include more units and to waive certain development standards, including maximum height, lot coverage, and open space requirements. Projects that utilize State Density Bonus are typically larger than the projects that are encouraged by the proposed zoning changes,5 but a project

5 The smallest project that has utilized State Density Bonus in the past two years in Berkeley included 11 units.

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

could not be prevented from using the State Density Bonus under the proposed zoning changes.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Housing Element Update EIR
Development projections for this project and all reasonably foreseeable growth resulting from development contemplated by the City’s updated Housing Element were analyzed in the Environmental Impact Report (EIR) for the 2023-2031 Housing Element Update (“Housing Element Update EIR”), which was certified by the City Council on January 18, 2023.6
The Housing Element EIR identified one significant and unavoidable environmental impact related to Cultural Resources (impacts to historic-period resources), one significant and unavoidable impact related to Noise (temporary construction noise) and four significant and unavoidable impacts related to Wildfire (emergency evacuation and response, wildfire risk and pollutant exposure, terrain and slope impacts, and infrastructure). All other environmental effects of the proposed Project can be reduced to less than significant levels through implementation of Standard Condition(s) of Approval and/or recommended mitigation measures. The adoption of the Housing Element EIR included a statement of overriding consideration that provides reasons the Housing Element could be adopted even though those impacts could occur.

RATIONALE FOR RECOMMENDATION
The proposed ordinance includes the Planning Commission’s recommended zoning ordinance amendments to encourage the development of middle housing in low density residential districts, consistent with Housing Element Program 29—Middle Housing and City Council referrals. The Alternative Actions Considered section, below, includes discussion of some policy alternatives that the City Council may also consider.

ALTERNATIVE ACTIONS CONSIDERED
In the course of developing its recommendation, the Planning Commission considered a number of other ordinance amendments recommended by staff.

Permit Requirements, Maximum Floor Area Ratio and Lot Coverage During the middle housing policy development process, staff received feedback from both the City Council and the Planning Commission that the middle housing standards should promote the creation of more housing units, and should not simply allow larger unit sizes at low densities. The key trade-off within middle housing is that larger

6 Housing Element Update 2023-2031 Final EIR.
https://berkeleyca.gov/sites/default/files/documents/ATT%202%20FEIR_RTC.pdf

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

development projects are permitted, with the understanding that these projects contribute to addressing the city's housing shortage by providing more housing units. In response, staff proposed development standards that would scale based on the number of units included in a proposed project; that is, if a project includes more units, it can be larger.

While the proposed ordinance includes development standards that would permit Multi- Family Residential uses that include more units, they would also streamline the approval of larger Single-Family Residential uses. By treating all housing types similarly, the proposed ordinance does less to incentivize projects that include more units as compared to single-family dwellings. The Planning Commission generally did not support development standards that scaled up with the number of units, preferring instead a set of standards that incentivized all types of new housing while maximizing flexibility in the project design process.

Staff had recommended three specific provisions that were designed specifically to incentivize Multi-Family Residential uses that were not recommended by the Planning commission, and are therefore not included in the proposed Ordinance:

1. Permit Approvals: Consistent with Program 29-Middle Housing in the adopted Housing Element Update, staff had proposed permitting Multi-Family Residential uses with a Zoning Certificate, while still requiring a Use Permit for a Single- Family Residential use. The lower permit threshold for Multi-Family Residential would provide an incentive for a project sponsor to consider a Multi-Family Residential project.

2. Maximum Floor Area Ratio (FAR): While an effective maximum FAR can be calculated based on existing standards for lot coverage and maximum height, the Berkeley Municipal Code does not include a specific FAR standard in the R-1, R- 1H, R-1A, R-2, R-2H, R-2A, and R-2AH districts. The City Council had provided feedback to staff to consider scaling an FAR standard to increase as the number of units increase on a site, and previous Zoning Adjustments Board and Planning Commission subcommittees have supported standards that encourage the development of smaller or medium-sized, cost-efficient units.

The proposed ordinance does not include Maximum FAR. The Planning Commission felt that building size was sufficiently regulated by height, setback and lot coverage standards, and that an additional development standard would complicate the project design process and was unnecessary.

Table 10 includes the Maximum FAR standards staff recommended to the Planning Commission:

TABLE 10 PROPOSED MAXIMUM FAR STANDARDS

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

3. Maximum Lot Coverage: Similar to the rationale for scaling FAR by project size, staff had originally proposed scaling Maximum Lot Coverage by unit count. Staff received feedback that the middle housing standards should be designed to encourage projects that included more units, not to simply allow larger single- family dwellings. Staff’s recommendation also preserved some of the distinctions between the R-1, R-2, and R-2A districts that permitted less lot coverage in traditionally lower-density zones.

The proposed ordinance includes a single Maximum Lot Coverage standard of 60% in the R-1(H), R-2(H) and R-2A(H) zones. The Planning Commission identified that the existing lot coverage standards were the most limiting development standard with respect to the promotion of middle housing projects, and so proposed a single, more expansive standard. The Planning Commission also noted that a single standard for all R-districts was more geographically equitable.

Table 11 shows the Maximum Lot Coverage Standards staff recommended to the Planning Commission:

TABLE 11 PROPOSED MAXIMUM LOT COVERAGE STANDARDS
R-1 R-2 R-2A MU-R
1-2 units & non-residential 40% 50% 50% 100%
3-7 units 50% 55% 55% 100%
8+ units 55% 55% 60% 100%

Without provisions to scale allowed density based on the number of units proposed, Middle Housing zoning amendments could incentivize larger single-family homes rather than Multi-Family Residential Uses. For example, under the proposed ordinance, a single-family home with 60% lot coverage would be permitted with a ZC in the R-1 zoning district. Currently, a Use Permit is required, and the maximum lot coverage is 40%.

R-1(H) R-2(H) R-2A(H) MU-R
1 unit and nonresidential 1.2 1.2 1.2 1.5
2 units 0.5 0.6 0.6 1.5
3-7 units 1.2 1.2 1.5 1.5
8 + units 1.5 1.25 1.75 1.75

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

Maximum Density
Staff recommended both Minimum and Maximum Density standards to the Planning Commission. The recommendation was based on feedback that while the standards should encourage the development of more housing, middle housing projects should reflect the existing mix of multi-family housing types within neighborhoods. A Maximum Density standard would provide that, as well as a degree of predictability for existing residents as to what proposed projects may include.

The proposed ordinance does not include a Maximum Density Standard. The Planning Commission felt that the height, setback and lot coverage standards were sufficient to regulate project size, and that allowable project size would naturally limit densities to reasonable levels without the need to explicitly prohibit more than a certain number of units.

Error! Reference source not found.Table 12 shows the Minimum Density Standard recommended by Planning Commission alongside the Maximum Density Standard staff recommended to the Planning Commission, as well as the number of units that would result from the standards on a typical 5,000 square foot lot.

TABLE 12 DENSITY STANDARDS
R-1 R-1H R-1A R-2 R-2H R-2A R-2AH MU-R
Minimum Density
(DU/acre)
10 No min. 10 10 No min. 20 No min. 20
Maximum Density
(DU/acre)
25 20 35 35 20 55 55 55
Resulting units on a 5,000 sf lot
Minimum Units 1 No min. 1 1 No min. 2 No min. 2
Maximum Units 3 2 4 4 2 6 6 6

Hillside Overlay
The City is currently undertaking a study of emergency evacuations of the Very High Fire Hazard Severity Zones and is also updating its Safety Element. Staff recommended to the Planning Commission that the middle housing zoning standards should not be applied to parcels in the Hillside Overlay zone until this study is completed. This would allow the policymakers to use the study to inform any zoning change that would result in

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

density increases in the Very High Fire Hazard Severity Zones. Opportunities to increase density in most of the Hillside Overlay (areas zoned R-1H) would still be available, pursuant to SB 9, to encourage middle housing.

The proposed ordinance includes parcels in the Hillside Overlay. The Planning Commission noted that it is important to ensure geographical equity in the accommodation of new housing units. The Planning Commission also recognized that recommendations could arise from the evacuation study and the preparation of the Safety Element and suggested that any needed changes to the standards could be introduced at a later date.

At its September 20, 2022 worksession, the City Council reviewed a proposed height standard that would reduce the Maximum Building Height within the Hillside Overlay to 28 feet (as opposed to 35 feet outside of the Hillside Overlay). The City Council also reviewed lower minimum and maximum density standards in the Hillside Overlay, as shown in Table 12 above. These standards were proposed to address concerns for both wildfire mitigation (e.g., less fire fuel in the form of building materials), structural fireground operations (e.g., ground ladder placement for access to windows and roof), and view preservation.

Residential Additions and Added Bedrooms
The proposed ordinance includes permitting Residential Additions with a ZC if they comply with the development standards for a Main Building, and revises the maximum height for Residential Additions to match those for Main Buildings. The proposed ordinance also includes a revision which removes additional requirements for bedrooms that are added to existing dwellings or lots developed with existing residential uses.

Staff recommended that these changes only apply in cases where a Residential Addition, or any additional bedrooms, are associated with the provision of new units.

Staff thought it was inconsistent to allow new units with a ZC if they were included in a new development project, but to maintain a discretionary process for new units that happen to be part of an existing building. This approach was also consistent with feedback that the middle housing standards were to promote the development of Multi- Family Residential uses, not just the expansion of existing or proposed Single-Family Uses, as well as promote the adaptive reuse of existing buildings.

The proposed ordinance expanded these changes to apply to any Residential Addition and any new bedroom, even if the new Residential Addition or new bedroom did not result in a new unit, but only expanded an existing unit. The Planning Commission felt that the development standards should be more flexible to accommodate what it felt were shifting trends in household configurations and sizes, including cohousing and multi-generational households.

Administrative Use Permit for Demolition

Zoning Ordinance Amendments Relating to Middle Housing PUBLIC HEARING

The proposed ordinance includes a provision that permits demolition of a single-family home with a Zoning Certificate as long as the demolition is part of a project that results in a net increase in units. Program 29—Middle Housing in the adopted Housing Element included a requirement that the City Council consider this specific policy.

At its meeting of June 25, 2024, the City Council held a public hearing on proposed changes to BMC Chapter 23.326 (Demolition and Dwelling Unit Controls), which included permitting demolition of a single-family home with an AUP, as long as the demolition would be part of a project that included a net increase in units and the single- family home was not occupied by tenants.

At its meeting of February 7, 2024, the Planning Commission held a public hearing on the proposed middle housing ordinance. Accordingly, the proposed ordinance now includes permitting the demolition of single-family homes with a ZC.

Parking Maximums
BMC Section 23.322.070—Off-Street Parking Maximums for Residential Development limits the amount of off-street parking that can be provided for new residential projects of two or more units within 0.25 miles of a major transit stop or transit corridor to one space for every two units. The parking maximum can be exceeded with an AUP .

Since 2021, when residential parking requirements were modified to incorporate parking maximums, many smaller, middle housing-scale projects have requested AUPs to exceed the parking maximum, usually to a ratio of one space per unit. Project sponsors, as well as the middle housing architects interviewed as part of community outreach, note that the maximum parking standard discourages middle housing production as builders are concerned about selling or renting units, particularly those that are marketed to first-time homebuyers and families with children. The ZAB has been sympathetic to these concerns for middle housing-scale projects and has regularly issued AUPs to permit more parking.

Staff had asked the Planning Commission to consider possible revisions to parking maximums. Feedback from community outreach included the following suggestions:
• Eliminating parking maximums for projects of 9 units or less; or • Adjusting the parking maximum to one space per unit for middle housing projects, with an added requirement that the spaces have chargers for electric vehicles.

While the Planning Commission acknowledged that parking maximums may make the marketing of middle housing projects more difficult, it indicated that existing policies related to greenhouse gas reduction and promoting alternatives to private vehicle travel continue to justify this policy and declined to recommend revisions to parking maximums.

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Consolidation of Residential Zoning Districts
The proposed ordinance includes the elimination of the R-1A zoning district, merging it with the R-2 zoning district, as the two districts would be regulated similarly under the proposed ordinance.

Staff’s recommendation to Planning Commission at its February 7, 2024 meeting included a number of development standards which the Commission did not ultimately include in its recommendation, specifically for Maximum FAR, Maximum Density and Maximum Lot Coverage. While these standards included distinctions across the zoning districts, their removal left only two development standards that differed across the districts: the Minimum Density Standard (10 du/acre in the R-1 and R-2; 20 du/acre in the R-2A and MU-R), and the minimum front setback standard (15 feet in the R-1/R-2, 10 feet in the R-2A, and between 5 feet and 10 feet in the MU-R). Accordingly, the Planning Commission discussed, but did not propose, that additional consolidations may be warranted.

Staff notes that although the development standards may be similar across the districts, there are distinctions in allowed land uses that can justify maintaining distinct zones.

Mixed-Use Residential projects, for example, would still not be permitted in the R-1, and the MU-R district would continue to permit a wider range of residential and non- residential uses than the R-prefix districts.

CONTACT PERSON
Justin Horner, Principal Planner, Planning and Development, 510-981-7476 Attachments:
1: Ordinance
Exhibit A: Parcels Rezoned from R-1A and R-2
2: Proposed Ordinance, Annotated
3: Resolution: General Plan Amendments
4: Development Standards Tables
5: Planning Commission Report: February 7, 2024
6: Public Hearing Notice

ATTACHMENT 4
Table 1. Existing Development Standards
R-1 R-1A R-2 R-2A MU-R"-" = not applicable;
P = Permitted
UPPH = Use Permit Public Hearing
NP = Not Permitted
*Use-Specific Regs Apply
Single-
Family
Ltd Two-
Family
Restricted
Two-
Family
Restricted
Multiple-
Family
Mixed-Use
Residential
Single-Family UPPH UPPH UPPH UPPH AUP
Two-Family NP UPPH UPPH UPPH AUP
Multi-Family NP NP UPPH UPPH AUP/UPPH
[10]
Low Barrier Navigation Center NP NP ZC ZC ZC
Supportive Housing NP NP ZC ZC ZC
New Lots 5000 5000 5000 5000 No min
Min Lot Width (ft) - - - - 40
Per DU No min No min 2500 1650 1,250Min Lot Area (SF)
2 Units - 4500 No min No min -
Per DU 400 400 400 300 150
Min Open Space (SF) Live/Work - - - - 40
Base 28 28 28 28 -
Increase w/AUP 35 35 35 35 35
Max Avg Height, Rear
Main (ft) 22
Max Height, Resi/MU - - - - 35
Max Height, Live-Work - - - - 28
Max Avg Height, New Bldg or Non-Resi
Addition (ft) Hillside max height 35'
Live/Work w/UP - - - - 35
Base 14 14 14 14 -Max Avg Height, Resi addition (ft) w/ AUP 35 35 35 35 - Max Stories, New Bldg or Non-Resi Addition Base 3 3 3 3 3 Max Stories, Rear Main - 2 - - -
1 story 40 40 45 45 100
2 stories 40 40 40 40 100
3 stories 40 40 35 35 100
Max Lot Coverage Interior/Thru (%)
Increase w/ AUP - - - - 100
1 story 40 45 50 50 100
2 stories 40 45 45 45 100
3 stories 40 45 40 40 100Max Lot Coverage Corner (%)
Increase w/ UP - - - - -
1st-2nd Story 20 20 20 15 -
3rd Story 20 20 20 15 -
Adjacent Non-R Dist - - - - 5
Adjacent R Dist - - - - 10
Min Setback, Front (ft)
Reduce w/ AUP - - - - No min
1st-2nd Story 20 20 20 15 -
3rd Story 20 20 20 15 -
Adjacent Non-R Dist - - - - 0/5 [11]
Adjacent R Dist - - - - 10/10%
[12]
Reduce w/ ZC 20%[3] 20%[3] - - -
Min Setback, Rear (ft)
Reduce w/AUP - 12[6] - - -
1st-2nd Story 4 4 4 4 -
3rd Story 4 4 6 6 -
1st-2nd Story w/ ZC 3/10%[4] 3/10%[4] 3/10%[4] 3/10%[4] - 3rd Story w/ ZC 3/10%[4] 3/10%[4] 5[4] 5[4] -
Adjacent Non-R Dist - - - - 0
Min Setback, Interior Side (ft)
Adjacent R Dist - - - - 10/10%
[12]
1st Story 4 4 10 6 -
2nd Story 4 4 10 8 -
3rd Story 4 4 10 10 -
Adjacent Non-R Dist - - - - 5
Min Setback, Street Side (ft)
Adjacent R Dist - - - - 10/10%
[12]
Min Setback, Int/Street Rear Bldg (ft) - 6 - - -
1st story No min 8[9] 8 8 No min
2nd story No min 12[9] 12 12 No min
3rd story No min 16[9] 16 16 No min
Min Bldg Separation (ft)
Reduce w/UP - P(AUP) P(AUP) P(AUP) -
[1] If min 50% of floor area is Residential, UP to increase GLA density [2] If min 50% of floor area is Residential
[3] On a lot less than 100 ft deep, reduction of rear setback by 20% of lot depth with ZC. [4] Whichever is greater. Lot width less than 40 ft, NP for rear main buildings in R-1A [5] If MU or Residential W of San Pablo Ave
[6] To construct a dwelling unit and would not cause detrimental impact on neighboring properties. [7] Lots <5,000 SF, no reductions for property lines abutting a property under different ownership. [8] Lot <5,000 SF, max 1 dwelling unit and max gross floor area of 1,000 SF. [9] R-1A Separation Standard based on building height, not by story. [10] 3 to 4 units requires AUP, 5+ units requires UP(PH) [11] Min 5 ft rear setback if rear of lot abuts a street [12] 10 ft of 10% of lot width, whichever is less

Table 2. Proposed Development Standards (DO NOT apply to R-1H, R-2H or R-2AH) R-1 R-2 R-2A MU-R"-" = not applicable;
P = Permitted
UPPH = Use Permit Public Hearing
NP = Not Permitted
*Use-Specific Regs Apply
Residenti
al Multi-
Unit 1
Residenti
al Multi-
Unit 2
Residenti
al Multi-
Unit 2A
Mixed-Use
Residential
Single-Family ZC ZC ZC ZC
Multi-Unit Residential ZC ZC ZC ZC
Low Barrier Navigation Center ZC ZC ZC ZC
Supportive Housing ZC ZC ZC ZC
Min Density (DUA) - Round to the nearest whole number1 10 10 20 20 Max Density (DUA) – Round to nearest whole number 40 50 60 60 Min Lot Area (SF) New Lots 5000 5000 5000 No min
Per 1,000 sf floor area 150 150 150 150
Min Open Space (SF) Live/Work - - - 40
Maximum 35 35 35 35Maximum Height (ft)
Main Buildings and Additions Within 15’ of rear
property line 22 22 22 22
Max Lot Coverage (%) 60 60 60 100
Min Setback, Front (ft) 5 [1] 5 [1] 5 [1] 5 [1]
Min Setback, Rear (ft) 5 [1] 5 [1] 5 [1] 5 [1]
Min Setback, Interior Side (ft) 4 4 4 4
Min Setback, Street Side (ft) 4 4 4 4
Min Bldg. Separation (ft) 5 5 5 5
[1] Minimum 5 ft. Rear and front setbacks must add up to a minimum of 20 ft. 1 Minimum densities would apply for new development on a vacant lot or redevelopment and infill of existing nonvacant lots.

RESOLUTION NO. ##,###-N.S

A RESOLUTION ADOPTING GENERAL PLAN AMENDMENTS, INCLUDING

AMENDMENTS TO THE LAND USE DIAGRAM TO RE-DESIGNATE CERTAIN

PARCELS, TO BE CONSISTENT WITH ASSOCIATED ZONING TEXT

AMENDMENTS TO PROMOTE MIDDLE HOUSING
WHEREAS, the City of Berkeley (“City”), in accordance with the provisions of California Government Code Section 65300 et seq., is required to adopt a General Plan for its long-range development, and further to periodically update that plan to reflect current conditions; and
WHEREAS, the adopted 2023-2031 Housing Element Update includes “Program 29 – Middle Housing” to pursue zoning map and development standard amendments to allow multi-unit development on one lot in the lower density districts: R-1, R-1A, R-2, R-2A and MU-R; and
WHEREAS, on October 9, 2024, the Planning Commission held a public hearing and considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request; and WHEREAS, a public hearing notice was published in the Berkeley Voice and posted in three public places pursuant to California Government Code Section 65090 on September 27, 2024 for the Planning Commission public hearing held on October 9, 2024; and
WHEREAS, on April 29, 2025 the City Council held a duly noticed public hearing to consider the General Plan and zoning ordinance amendments, and make conforming changes to other BMC sections; and
WHEREAS, all documents constituting the record of this proceeding are and shall be retained by the City of Berkeley Planning and Development Department, Land Use Planning Division, at 1947 Center Street, Berkeley, California; and WHEREAS, the amendments do not change the designation of any parcel to reduce the intensity of use allowed under the existing General Plan or zoning pursuant to Gov.

Code section 66300(b)(1); and
WHEREAS, the proposed General Plan amendments reflect zoning ordinance amendments that were analyzed in the Environmental Impact Report (EIR) for the 2023- 2031 Housing Element Update, which was certified by the City Council on January 18, 2023;
NOW, THEREFORE, IT BE RESOLVED by the City Council of the City of Berkeley that the General Plan text and General Plan Land Use Diagram are hereby amended, as shown in Exhibits A and B of this resolution; and
BE IT FURTHER RESOLVED that pursuant to California Government Code Sections 65353 and 65853, the Planning Commission makes the following findings to support its

recommendation for the General Plan text and map amendments included as Exhibits A and B of this resolution:
(1) The proposed amendments are in the public interest.

Evidence: The General Plan amendments serve the public interest by facilitating additional housing capacity and production to better meet housing demand, by reversing historically discriminatory land use policies, and Affirmatively Furthering Fair Housing;
(2) The proposed amendment is consistent and compatible with the General Plan.

Evidence: The proposed General Plan amendments would ensure internal consistency among General Plan elements.
(3) The potential effects of the proposed amendment have been evaluated and have been determined not to be detrimental to the public health, safety, or welfare.

Evidence: The General Plan amendments would not be detrimental to the public health, safety and welfare of the City because they would facilitate development that would be completed in compliance with current building and fire codes and regulations; and would be subject to the City’s standard conditions of approval regarding noise and air quality, waste diversion, toxics and stormwater requirements, as well as applicable mitigation measures included in the Housing Element Update EIR; and
BE IT FURTHER RESOLVED, that the City Council as the final decision-making body for the lead agency, hereby adopts and incorporates by reference into this Resolution the CEQA Findings and Statement of Overriding Considerations (Exhibit C) with regard to the significant environmental effects of the Project.

Exhibits
A: Maps of existing and proposed General Plan Land Use Diagram.

B: Text of General Plan amendments.

C: CEQA Findings and Statement of Overriding Consideration

Exhibit A
Map 1. Existing General Plan Land Use Designations

Map 2. Proposed General Plan Land Use Designations

Exhibit B
General Plan Amendments for Middle Housing
Introduction
Page I-3
Goal #1. Preserve Berkeley’s unique character and quality of life Encourage Appropriate Infill Development. With little vacant land available for development, all new development in Berkeley will be infill development. To preserve Berkeley’s character, it is essential that infill development be sensitively designed and thoughtfully planned to fit in with the existing built environment The General Plan leaves in place most includes development standards and zoning created and implemented through previous area place processes, State law changes, and the implementation of the Housing Element. This zoning encourages development in downtown, and along the city's transit corridors, and in low-density residential neighborhoods. The General Plan calls for new development to contribute to the provision of necessary public improvements to serve current and future populations such as open space, transportation and affordable housing…
Page I-6
GP Goal: 4. Maximize and improve citizen participation in municipal decision making Improve Citizen Participation
Citizens should be actively involved in making decisions about anything that will have an impact on them and their families and neighborhoods. The Plan mandates maximum citizen involvement in all public planning within the context of local and State policies and legal requirements that encourage and mandate the timely review of residential development projects. The Plan stresses the important role of neighborhoods and neighborhood groups in land use decisions.

Land Use Element
Page LU-3
Land Use Element policies are designed to maintain Berkeley’s unique physical character, while allowing for additional housing development on underutilized sites within and in proximity to within the major high-quality transit corridors and Downtown and other changes to land use that are necessary to maintain, improve, adapt, and, where necessary, replace existing development

Page LU-4
The Land Use Element maintains and enhances Berkeley residential neighborhoods by maintaining existing encouraging zoning development standards that are consistent with historic development patterns that include smaller multi-family dwellings on a single lot, emphasizing the importance of protections from non-residential uses, and directing new higher-density housing to the high-quality transit corridors and the Downtown.

Page LU-11
Policy LU-7 Neighborhood Quality of Life
Preserve and protect the quality of life in Berkeley’s residential areas through careful land use decisions.

Actions:

A. Require that new development be consistent with zoning standards and compatible with the scale, historic character, and surrounding uses in the area.

B. Carefully evaluate and monitor new and existing uses to minimize or eliminate negative impacts on adjacent residential uses.

C. Carefully review and regulate proposals for additional residential development in the Hill Fire Hazard Area and the tsunami, seismic and landslide hazard areas identified in the Disaster Preparedness and Safety Element. (Also see Disaster Preparedness and Safety Policies S-14 and S-16.)
D. Strengthen Zoning Ordinance language to ensure greater protection of solar access to adjacent properties when new projects or additions are proposed.

E. Acquire an analysis of the implications of revising R-1, R-1A, R-2, R-2A, MU-R, and C-N zoning to require a Use Permit and public hearings for projects that exceed 28 feet.

LAND USE CLASSIFICATIONS
Pages LU-21 and LU-22
Lower Density Residential
These areas are generally characterized by single-family homes, and small multi-family structures. Appropriate uses for these areas include: residential, community services, schools, home occupations, recreational uses, and open space and institutional facilities. Building intensity will can range from one to 10 50 dwelling units per net acre1, not including secondary units, and the population density will generally not exceed 22 110 persons per acre.

For information purposes, the compatible zoning districts for this classification are: Single- Family Residential Multi-Unit 1 (R-1), which allows approximately 9 principle dwelling unit/acre,

and Environmental Safety- Residential (ES-R), which allows approximately 5 dwelling units per acre. Height limits in these zoning districts are typically 28 feet with provisions to allow up to 35 feet.

Low Medium Density Residential
These areas are generally characterized by single-family homes and small multi-family structures with two or three units. The same uses appropriate in Low Density Residential are appropriate in Low Medium Density Residential areas. Building intensity will range from 10 to 20 dwelling units per net acre, not including secondary units, and the population density will generally range from 22 to 44 persons per acre.

For information purposes, the compatible zoning districts for this classification are: Limited Two- family Residential (R-1A) and Restricted Two-family Residential (R-2), which allow approximately 17 units per acre. Height limits in these zoning districts are typically 28 feet with provisions to allow up to 35 feet.

Medium Density Residential
These areas of Berkeley are generally characterized by a mix of single-family homes and small to medium sized multi-family structures. The same uses appropriate in Lower Density Residential are appropriate in Medium Density Residential areas. Building intensity will can range from 20 to 40 60 dwelling units per net acre, and the population density will generally range from 44 to 88 132 persons per acre, with the exception of the Southside Plan Area.

Within the R-3 within the Southside Plan Area, except in areas located in the Hillside Overlay zoning district, building intensity will range from a FAR of less than 1.0 to a FAR of 3.0. Residential development is subject to a minimum density of 60 dwelling units per acre and a minimum population density of 150 persons per acre. There is no residential density limit. This allows for greater flexibility in housing types to maximize housing opportunities in the Southside Plan Area.

For information purposes, the compatible zoning districts for this classification are: Restricted Multi-family Residential Residential Multi-Unit 2 (R-2), Residential Multi-Unit 2A (R-2A), which allows approximately 17 units per acre, and Multiple-family Residential (R-3), which allows approximately 26 units per acre. Height limits in the R-2, R-2A zoning district are typically 28 feet with provisions to allow up to 35 feet, and are 35 feet in the R-3 and R-3H zoning district are 35 feet (or 45 feet in the R-3 zoning district within the Southside Plan Area).

Page LU-24
Mixed Use-Residential
These areas are intended to maintain and preserve areas of the city for lighter manufacturing and industrial uses and allow for additional uses, including residential, where determined appropriate by zoning, and only if the use will not weaken Berkeley’s manufacturing and industrial economy. Appropriate uses for these areas are identified in the West Berkeley Plan.

Within these areas, building intensity will generally range from a Floor Area Ratio (FAR) of less than 1 to an FAR of 1.5. Population density will generally range from 22 to 44 to 132 persons per acre, where housing is allowed.

For information purposes, the compatible zoning district for this classification is Mixed Use- Residential (MU-R), which allows a maximum FAR of 1.5 for non-residential uses and a maximum building height of 28 to 35 feet.

Urban Design and Preservation Element
Page UD-17 [New]
Policy UD-22 Regulating New Construction and Alteration:

A. Except in the downtown area and consistent with the Green pathway approved by the voters November 2010, continue to require full Use Permits (with public hearings) for all residential projects, thereby enabling both the imposition of area sensitive conditions or approval and a ready means for citizen input.

BA. Continue to encourage, and consider requiring, consultation with interested citizen groups in the early stages of a project.

CB. Consider requiring developers to have a formal conference with City staff before they submit actual permit applications.

Exhibit C
CEQA Findings and Statement of Overriding Considerations for the
Middle Housing Zoning Amendments
Pursuant to Sections 15091 and 15093 of the
State CEQA Guidelines and Section 21081 of the Public Resources Code The proposed Middle Housing Zoning amendments (“the project”) relies on the Final Environmental Impact Report (Final EIR) prepared by the City of Berkeley (City) for the City of Berkeley 2023-2031 Housing Element Update (HEU) Project. The Final EIR identifies significant environmental impacts that will result from implementation of the project. The City finds that the adoption of mitigation measures identified in the EIR as part of project approval will reduce all but the following significant environmental effects (impacts) to levels that are less than significant: historical resources, construction noise, and cumulative cultural resources, and cumulative construction noise.1 For those impacts, no feasible mitigation measures have been identified to reduce these impacts to a less-than- significant level or mitigation measures have been identified and included but would not reduce impacts to a level of less than significant; therefore, these impacts will remain significant unavoidable impacts of the project. These findings contain a statement of overriding considerations that explains why the benefits of the proposed project outweigh the unavoidable adverse environmental effects and are therefore acceptable.

In accordance with CEQA and the CEQA Guidelines, the City adopts these findings as part of the project approval.

TABLE OF CONTENTS
SECTION 1: INTRODUCTION.......................................................................................................................3 SECTION 2: PROJECT DESCRIPTION: Middle Housing Zoning Amendments ..........................................3 SECTION 3: ENVIRONMENTAL REVIEW PROCESS..................................................................................5 SECTION 4: FINDINGS .................................................................................................................................5 SECTION 5: FEASIBILITY OF PROJECT ALTERNATIVES .......................................................................20 SECTION 6: STATEMENT OF OVERRIDING CONSIDERATIONS............................................................22 SECTION 7: INCORPORATION BY REFERENCE .....................................................................................23 SECTION 8: RECIRCULATION NOT REQUIRED.......................................................................................23 SECTION 9: RECORD OF PROCEEDINGS ...............................................................................................23 1 The Final EIR also determined that wildfire impacts and cumulative wildfire impacts would be significant and unavoidable, but these impacts could only occur due to development within the City of Berkeley’s Very High Fire Hazard Zones. The project does not include parcels located in the City of Berkeley’s Very High Fire Hazard Zones.

SECTION 10:SUMMARY ..............................................................................................................................24

SECTION 1: INTRODUCTION

1.1 Statutory Requirements for Findings
Public Resources Code Section 21094 states that:
(a) Where a prior environmental impact report has been prepared and certified for a program, plan, policy, or ordinance, the lead agency for a later project that meets the requirements of this section shall examine significant effects of the later project upon the environment by using a tiered environmental impact report, except that the report on the later project is not required to examine those effects that the lead agency determines were either of the following:
(1) Mitigated or avoided pursuant to paragraph (1) of subdivision (a) of Section 21081 as a result of the prior environmental impact report.
(2) Examined at a sufficient level of detail in the prior environmental impact report to enable those effects to be mitigated or avoided by site-specific revisions, the imposition of conditions, or by other means in connection with the approval of the later project. (b) This section applies only to a later project that the lead agency determines is all of the following:
(1) Consistent with the program, plan, policy, or ordinance for which an environmental impact report has been prepared and certified.
(2) Consistent with applicable local land use plans and zoning of the city, county, or city and county in which the later project would be located.
(3) Not subject to Section 21166.
(c) For purposes of compliance with this section, an initial study shall be prepared to assist the lead agency in making the determinations required by this section. The initial study shall analyze whether the later project may cause significant effects on the environment that were not examined in the prior environmental impact report.
(d) All public agencies that propose to carry out or approve the later project may utilize the prior environmental impact report and the environmental impact report on the later project to fulfill the requirements of Section 21081.
(e) When tiering is used pursuant to this section, an environmental impact report prepared for a later project shall refer to the prior environmental impact report and state where a copy of the prior environmental impact report may be examined.
(f) This section shall become operative on January 1, 2016.

SECTION 2: PROJECT DESCRIPTION: Middle Housing Zoning Amendments This section provides a brief description of the project and lists the objectives of the proposed project.

2.1 Project Description
The project, which is the implementation of Program 29 – Middle Housing, in the City of Berkeley 2023-2031 Housing Element (Housing Element), includes a plan to amend the Berkeley Municipal Code to allow multi-unit development on single lots within Berkeley’s lower-density residential districts: Single-Family Residential (R-1),

Limited Two-family Residential (R-1A), Restricted Two-family Residential (R-2), Restricted Multiple-family Residential (R-2A) and Mixed Use-Residential (MU-R) zoning districts (Housing Element p. 143-44). 1 CEQA Guidelines Section 15091(a)(2) and (3).
2 Public Resources Code Section1903804.1
For the implementation of the project, the Draft EIR assumes growth of an estimated 1,745 units. This total may not include all potential residential development sites within the City limits, and individual sites may or may not be developed at the allowable densities. The placement and design of buildings on specific sites cannot be determined until the City receives an application for a specific project.

The EIR also analyzes alternatives to the project as described in Section 5, below.

2.2 Project Objectives
Pursuant to CEQA Guidelines Section 15124(b), the EIR project description must include “[a] statement of objectives sought by the proposed project… The statement of objectives should include the underlying purpose of the project.” The City of Berkeley 2023-2031 Housing Element Update is intended to achieve the following project objectives:

1. Adopt policies and programs that meet the City’s RHNA with the recommended buffer, provide additional housing opportunities consistent with other City priorities, remove governmental constraints to the maintenance, improvement and development of housing, and ensure ongoing compliance with State Housing Element law and the No Net Loss provisions of State law through the eight-year cycle.

2. Adopt policies and programs to encourage the development of affordable housing at a range of income levels consistent with RHNA, including at least 2,450 units for Very Low-Income households, at least 1,400 units for Low Income households, and at least 1,400 units for Moderate Income households.

3. Encourage the development of housing with access to transit, jobs, services, and community benefits in a manner that distributes affordable and special needs housing in high resource neighborhoods and affirmatively furthers fair housing.

4. Identify housing policies and programs that will conserve and rehabilitate existing units, provide services to increase housing opportunities for all residents of Berkeley, and increase the energy efficiency of both current and future housing units.

SECTION 3: ENVIRONMENTAL REVIEW PROCESS
Pursuant to the California Environmental Quality Act (CEQA), lead agencies are required to consult with public agencies having jurisdiction over a proposed project and to provide the general public with an opportunity to comment on the Draft EIR.

On January 14, 2022, the City of Berkeley issued a Notice of Preparation (NOP) for a 30-day comment period to receive input on the scope and content of the EIR and help identify the types of impacts that could result from the project as well as potential areas of controversy. The NOP was filed with the County Clerk, published in a local newspaper, and mailed to public agencies (including the State Clearinghouse), organizations, and individuals considered likely to be interested in the project and its potential impacts. The City received written responses to the NOP regarding the scope and content of the EIR. The City also held an EIR scoping meeting as part of the regularly scheduled Planning Commission meeting on February 9, 2022. No members of the public provided verbal comments at the scoping hearing, but several Planning Commissioners provided verbal comments.

The Draft EIR was made available for public review on August 30, 2022. The Notice of Availability of a Draft EIR was posted with the County Clerk, filed with the State Clearinghouse for distribution to state agencies, published in a local newspaper, and mailed to local agencies and interested organizations. A Notice of Completion was also filed with the State Clearinghouse. The Draft EIR and an announcement of its availability were posted electronically on the City's website. The Draft EIR comment period closed on October 17, 2022.

During the comment period, the City Planning Commission held a hearing to receive comments on the Draft EIR on September 7, 2022. The City received 16 comment letters (including emails) on the Draft EIR during