Public Comment

On Tuesday, June 15, the Berkeley City Council will consider opposing SB 9, thanks to Councilmembers Kate Harrison and Susan Wengraf, who put it on the agenda. In its impact, SB9 is regressive legislation that will not provide affordable housing but only increase existing housing inequities.

The text of SB 9 is here:

We are Berkeley Together, a recently formed organization of Berkeley progressives, many of us active in local government for decades. We are deeply concerned about the direction of current housing legislation on both the local and state level. We value the historical racial and economic diversity of our city, both of which are threatened by misguided and misinformed proposed legislation such as SB9, now in committee.

SB9 goes way beyond ending single family zoning, known as up-zoning, which our council has recently discussed. The bill would rezone virtually all parcels within single-family residential zones in California allowing for the creation of (when combined with state Accessory Dwelling Unit (ADU) law) up to six units; without ANY local discretionary hearing or review, including compliance with the California Environmental Quality Act (CEQA).

Yes, you read that correctly- there will be NO hearings or reviews allowed for new residential development, no opportunity for neighborhood comment, no consideration of environmental impacts. This is called “ministerial” approval and it’s a big green light for speculators. 

Existing homes cans be torn down and replaced by two-units. An ADU and Jr ADU can also be added. And any residential lot of 2400 sq ft or more can be divided into two parcels, where an additional 2-unit building can be built. plus an ADU and a Jr ADU, equaling 6 units on each small parcel, or 12 units on what was previously one parcel. Parcels located on transit corridors will be allowed substantially more units. 

As written, the bill does absolutely nothing- nothing- to address our housing affordability crisis, the true crisis here in California. It does not provide incentives for the production of low and moderately priced housing, rather it allows developers to maximize their profits by producing yet more market-rate housing units affordable by only the most prosperous. The bill’s rationale for this is based in trickle down economics, the theory that helping those at the top will help those at the bottom, a theory that has not panned out over time. In his address to Congress last month, President Biden said, "trickle-down economics has never worked", and "It's time to grow the economy from the bottom and the middle out", highlighting the need for progressive housing policies that benefit the underhoused and unhoused citizens of our communities. 

The “housing crisis” IS an affordability crisis! In its 2021 report, Freddie Mac states that California has a 1.2 million unit shortage, and 960,000 units are needed specifically for poor and low-income households, not for households paying market-rate prices. The California Department of Housing and Community Development puts the total housing need lower, at 1.1 million, while misinformed supporters of SB9 claim that we need 3.5 million new units. 

Under SB 9, market rate housing is what we’ll get in spades, and our low and moderate income residents, those that still remain, will be driven out by the resulting gentrification. 

SB 9 also fails to exempt a large proportion of the parcels that fall within Berkeley’s Fire Zone, many located on narrow streets, where an increase in population and cars, allowed by SB 9 up-zoning, could impede safe evacuation. 

SB 9 also prevents the City from establishing a rear setback greater than 4 feet, even though Berkeley zoning currently requires 15-20 feet in all single family and multi-family residential zoning districts from R-1 to R-4. This will result in the loss of trees, tree canopy, gardens and greenery, and play space for children, by allowing developers to eliminate back yards altogether. 

A good source of additional info on SB9 can be found here: 

The council will meet to consider opposing SB 9 at its Tuesday June 15, meeting which begins at 6 p.m. and can be attended via zoom, 

To participate in this important discussion, write to the mayor and council at council@cityofberkeley.info before June 15. 

Individual council members email addresses are here 

You can write to Governor Newsom here 

You can also write our State Senator Nancy Skinner here 

and our State Assembly member Buffy Wicks here