Council adopts ordinance to implement state small‑lot subdivision law with local adjustments

The Berkeley City Council adopted amendments to the city’s subdivision and zoning codes Tuesday to implement California’s SB 684 pathway for small‑lot, ownership‑oriented middle‑housing projects and to create a streamlined local parcel‑map option for smaller infill projects that do not qualify for the state ministerial path.

Planning staff described two pathways in the ordinance: a ministerial SB 684–compliant route for qualifying middle‑housing infill projects and a separate local parcel‑map pathway intended to streamline approvals for smaller projects that meet Berkeley’s minimum densities but fall short of SB 684’s eligibility thresholds. Staff said the ministerial path cannot be extended beyond the state’s authorization in some locations (SB 684 excludes projects in very‑high fire hazard severity zones).

The council debated technical thresholds during deliberations and adopted two numeric changes as amendments before the final vote: (1) lower the minimum parent‑parcel lot size for vacant single‑family hillside parcels from 1,200 square feet to 600 square feet; and (2) reduce the required usable open space minimum from 200 to 150 square feet per unit. Planning staff said those changes do not alter maximum allowable unit counts established by state law but make local fee‑simple ownership configurations easier to achieve in some cases.

Public comment during the hearing included support from the Housing Action Coalition for predictable, ministerial pathways to encourage small ownership projects and cautionary remarks from some speakers who asked staff to revisit portions of the local alternative pathway to ensure equivalence with state law.

Council action and vote: After discussion, the council voted to adopt the ordinance as amended. The clerk recorded the vote: Kesselwani — yes; Kaplan — yes; Bartlett — yes; Tregga — aye; O'Keefe — abstain; Blackabee — yes; Munupara — yes; Humber — yes; Mayor Ishii — yes. The motion carried.

What this means: The ordinance creates an objective, ministerial route for qualifying SB 684 projects and a streamlined local path for other small infill projects. Projects in very‑high fire‑hazard severity zones remain ineligible for the ministerial SB 684 pathway; other subdivision map act and safety requirements continue to apply to fee‑simple parcelizations.