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Council streamlines by‑right housing on designated opportunity sites, narrows design‑review for MUR projects
Summary
The council amended zoning to allow by‑right approval of qualifying housing projects on prior opportunity sites (20% affordable requirement) and adopted a streamlined, nonbinding design‑review step for certain commercial opportunity‑site projects while exempting mixed‑use‑residential middle‑housing projects from design review.
The Berkeley City Council adopted changes to the zoning code implementing Housing Element Program 32: qualifying residential developments on listed opportunity sites that include at least 20% affordable units may receive by‑right approvals, and design‑review rules were revised to shorten review and prevent appeals that would undermine ministerial approvals.
Planning staff explained the measures are intended to align local code with state requirements for by‑right approvals on opportunity sites. Justin Horner and Jordan Klein described staff’s recommendation to provide an abbreviated, staff‑level design review for eligible projects and to remove the appeal pathway that could reintroduce discretionary hearings for ministerial approvals. The ordinance lists 14 opportunity‑site properties that meet the state criteria.
Several public commenters and housing groups supported moving projects forward by right to reduce costs and delay; some designers and neighbors urged keeping more robust, early design feedback. Councilmember Casarwani moved an amendment that treats middle‑housing projects in the MUR (mixed‑use‑residential) zoning the same as other residential zones (no design review) while preserving an advisory design‑review visit for larger commercial opportunity‑site projects; council adopted the motion.
What happens next: the Planning Department will publish code amendments and begin administering the new by‑right process for eligible properties and projects.
