Mayor Adena Ishii and City Council
2180 Milvia Street
Berkeley, California 94704
 

Dear Mayor and Council,
 

We are writing again in continued strong support of Berkeley’s intent to reform housing regulations to promote “missing middle” housing, both in terms of zoning reform and reducing other restrictions on housing construction. We urge Council to pass a missing-middle housing package that will result in as many new homes being built as possible, as well as affirmatively furthering fair housing by applying the Missing Middle zoning reforms as broadly across the city as possible, fire-safety permitting.

As a reminder, the Sierra Club sees urban infill housing as key to preserving our open space. Not only does urban infill prevent sprawl, particularly in higher-fire-risk areas, but it also results in more convenient, equitable neighborhoods where residents can walk, bike, or take transit more often, thus reducing vehicle miles traveled. Furthermore, infill housing reduces construction on the wilderness-urban interface, which we know carries high fire risk.

We broadly support the recommendations coming out of the July 23, 2024 city council meeting for staff to study, including the recommendations for:

• form-based codes, limiting projects to:
  ○ 60% lot coverage
  ○ 5-foot side setbacks
  ○ combined 20-foot front and rear setbacks
  ○ 35-foot height limits
   
• applying these rules consistently throughout the city.
   

Furthermore, we would urge Council to remove or increase the density limits. Firstly, the ordinance already includes form-based codes that would provide setbacks and limits on lot coverage to ensure new construction fits within the neighborhood. Secondly, the density limits could limit not just the amount of housing that gets built but also the number of sites with enough capacity for a missing middle project to pencil. Thirdly, we would like to see codes that enable as many five-plus-unit projects as possible, since having five units would be enough units to include one BMR unit, assuming a 20% BMR requirement. Finally, while 35-foot height limits are a welcome change in Berkeley, there are many areas within walking distance to transit stations and in the neighborhoods adjacent to commercial districts and bus corridors where even taller buildings should be encouraged.

New construction presents an opportunity to create more efficient buildings that don't rely on fossil fuels for heating and cooking. We urge Berkeley to promote sustainable choices in the new homes that it is zoning for such as the use of low-NOx appliances and other decarbonization strategies.
 

Regarding the Hillside Overlay, we urge Council to commit to following up the Missing Middle ordinance with a thoughtful approach on this topic. The process for updating the California Fire Severity Zone Maps is in progress. At a later time when the State and local maps and the evacuation study have provided a scientific basis for assessing fire safety, we encourage examination of the Ordinance to align with the science, in light of the recent fire devastation in southern California.
 

More than anything, we hope that Council passes a Missing Middle zoning ordinance with urgency. Still, we also hope for the boldest, most impactful policy possible so that Berkeley can do its part for Californians to live sustainably.
 

Respectfully,
 

Maxwell Davis, Chair
Sierra Club Northern Alameda County Group