Public Comment

On October 18, the Planning Commission will consider new zoning rules for backyard houses in the R-1A zone in West Berkeley and Westbrae. Please join the Berkeley Neighborhood Council in supporting the Friends of R-1A proposal to limit the rear house to one-story, the front house to two, and the overall building floor area. Sun access would be assured. The 20-foot rear yard setback could be reduced to 15 with an administrative use permit (AUP). 

The staff recommends two stories for a house at the rear of a lot and no limitation on total building floor area. The rear yard setback can be reduced to 12 feet. The front house can be three stories with no design features to guarantee sun access for neighboring properties. A separation of 12 feet between the houses could be reduced with an AUP. 

The staff proposal follows the recommendations of a leading developer in West Berkeley who has been building two McMansions that shadow and intrude on the privacy of neighboring homes and gardens. The required off-street parking takes up most of the remaining open space that could be used for outdoor living. The lot is then subdivided, and the houses sold as million dollar plus condos, a lucrative business that drives up land values and threatens to displace low-income residents, many of whom are Hispanic. 

The staff/developer proposal undermines the recently approved ADU ordinance that limits the backyard cottage to 750 square feet and one story with a height of 14 feet. The ADU, which cannot be sold separately and does not require off-street parking, is large enough for two or three people, the size of 80% of East Bay households. An ADU is relatively affordable with companies competing with plans and even prefabricated parts, and the ADU keeps construction of new housing in the control of neighborhood owners, not developers. Families of four and more can get a better deal on the market with old houses that provide yards for outdoor living. 

The backyard McMansions more than double the square footage of an ADU and require off-street parking, which gobbles up most of the open space on West Berkeley’s narrow lots. With no mandate for permeable paving, the absorbent ground area dwindles, creating concrete hardscape and runoff that aggravates winter flood conditions on the streets and in Aquatic Park. The excessive height shadows adjacent gardens and outdoor living space. 

We urge neighbors to support the Friends of R-1A Move-on petition “Keep West Berkeley Affordable” no matter where you live in Berkeley because changes in West Berkeley zoning will be a precedent. Three story buildings located at the rear of parcels are also permitted in R-2 and R-2A. These extreme allowances invite developers to buy up lots for condo projects like 1155-1173 Hearst that threaten to demolish rent controlled apartments, displace their tenants, and build expensive condos. The Hearst Avenue project was heard at the Zoning Adjustments Board on September 27 and continued “off-calendar” which means that no date has been set to reconsider changed plans. If you didn’t go to the meeting or watch it on TV, the video is worth viewing when available. Kudos to Rain Sussman, the neighborhood organizer, for a great job in gathering the community and presenting impressive public testimony. 

Please put the October 18 Planning Commission meeting on your calendar and plan to attend, as your input counts.