Berkeley City Council Meeting Summary

On June 25, 2024, the Berkeley City Council held a special meeting at 3:30 PM, with all council members and Mayor Jesse Arreguin present. The main focus was a public hearing on proposed zoning amendments to Berkeley Municipal Code Chapter 23C-326, concerning demolition and dwelling unit controls. The council aimed to align local ordinances with state law SB 330 (Housing Crisis Act of 2019), ensuring tenant protections and affordable housing requirements.

Key Points of Discussion

• Alignment with SB 330:

  • Mandate: All demolished housing units must be replaced.
  • Protected Units: Deed-restricted, rent-controlled, or low-income occupied units must be replaced with below-market rate (BMR) units.
  • Removal of Fee-in-Lieu Option: The current local ordinance's option to pay a fee instead of replacing units will be eliminated.

• Use Permit Requirements:

  • Demolition Restrictions: Prohibits demolishing units removed from the market via the Ellis Act within the last five years or those with evidence of tenant harassment or illegal eviction within the past three years.
  • Administrative Use Permits: Allows easier demolition of single-family homes without sitting tenants when part of a project increasing residential density.

• Provisions for Sitting Tenants:

  • Relocation Benefits: Tenants are entitled to moving expenses and differential rent payments. They also have the right of first refusal for a unit in the new development.

• Criteria:
  • Deed-Restricted and Rent-Controlled Units: Must follow inclusionary zoning provisions.
  • Low-Income Units: Units occupied by households at 50% AMI or below must be replaced with units affordable to households at 30% AMI.
  • Unknown Income Units: Assumed to be occupied by low-income tenants proportionate to their prevalence in Berkeley.

Council Member Rashi Keserwani proposed amendments to balance tenant protections with project feasibility: - Unpermitted Units: Greater nuance in treating unpermitted units not occupied by tenants. - Definition of "Comparable Unit": Simplification to align with state law. - Appeal Process for Tenant Harassment: Shifting the burden of proof to a preponderance of evidence standard. - Replacement Requirements: Using citywide renter income data to determine the proportion of low-income units for rent-controlled units with unknown tenant income.

• Public Comments: Various stakeholders, including public commenters and the Chair of the Rent Stabilization Board, provided input. Concerns included the complexity of the ordinance, the financial impact on small property owners, and the importance of tenant protections.
• Council Deliberations: The council discussed the challenges of implementing these policies, balancing housing production with tenant protections, and aligning local ordinances with state laws.
• Decisions: The council moved to close the public hearing and incorporate the proposed amendments and any additional changes into the ordinance for a second reading and final adoption at a future meeting.

Conclusion

The Berkeley City Council's special meeting emphasized tenant protections, affordable housing, and the alignment of local ordinances with state laws. Key changes included stricter replacement requirements for demolished units, enhanced use permit regulations, and provisions for sitting tenants. Council Member Keserwani's amendments aimed to refine the policy further. The council will continue deliberations in future meetings to finalize the ordinance. 🌟