Berkeley Mayor Condemns Legislation to Increase Housing Density by Transit

Mayor Jesse Arreguín's charges about permissible heights, demolition of rent-controlled housing and displacement that would result from Senate Bill 827 by Sen. Wiener are refuted in the Berkeleyside article, though the latter two have resonance.

3 minute read

February 5, 2018, 7:00 AM PST

By Irvin Dawid


Telepgraph Avenue from UC Berkeley Campus 1981

Telegraph Avenue in 1981. | niicedave / Flickr

"New proposed legislation, introduced by Sen. Scott Wiener [D-San Francisco] and co-authored by Sen. Nancy Skinner [D-Oakland], that would require California cities to allow denser, taller housing developments near transit hubs and bus lines, has ignited controversy in Berkeley and nationally," reports Janis Mara for Berkeleyside on Jan. 22.

With some limitations, SB 827 would eliminate restrictions on the number of houses that can be built within a half-mile of BART and within a quarter-mile of major bus routes, including Muni and AC Transit. It would also block cities from mandating parking requirements [at those locations].

Mara adds that while the bill "would override certain local zoning rules in those areas to permit homes to be built nearby, the local permitting and approval processes would not be affected." However, if the cities haven't met their state-mandated regional housing requirements, as is the case with 97.6 percent of cities and counties in the state, Wiener's "by-right housing" bill from last year, SB 35, would kick in.

But [SB 827] has drawn strong opposition from many who believe it would deprive cities of their rights to control their own zoning and could also lead to unwanted density. In fact Berkeley Mayor Jesse Arreguín characterizes the bill as “a declaration of war against our neighborhoods.”

So what specifically has the Berkeley mayor so stirred up?

“It allows 85-foot buildings throughout Berkeley and the state of California with no protection against demolition of rent-controlled housing, with no guarantee the cities will get benefits out of the out-of-scale buildings built,” the mayor said.

Sounds a bit like what the Sierra Club characterized as a "heavyhanded" approach to housing in their recent letter [pdf] to Wiener in opposition to his bill. Mara corrects the mayor's first assertion:

In fact, the provisions of the bill governing 85-foot buildings only apply to buildings on streets at least 45 feet wide and one block from transit hubs such as BART.

“Not that many areas of Berkeley have 45-foot streets,” said Thomas Lord, a housing policy advocate who is a member of Berkeley’s Housing Advisory Commission.

Senate co-author Nancy Skinner, who represents Berkeley and was first elected to its city council in 1984, addressed the mayor's assertion about the demolition of rent-controlled buildings. 

“I think it’s always good for officials to read a bill before they use incendiary language to describe it,” Skinner said. “First off, the bill does not touch any local government’s demolition controls..."

Lord suggested that SB 827 could lead to displacement of residents in some areas though, which Alex Casey, a policy analyst for Zillow Research, disputed.

“Much of price growth is driven by scarcity,” he said. “What the data show, when you look at the community as a whole, if you are not adding new units, then you are going to see existing units become more and more pricey and unable to sustain the current community members.

“Displacement is often more a product of rising prices and stale buildings than it is a block-by-block transformation,” Casey said.

However, "Wiener has said that he is looking at ways to include anti-displacement provisions directly in SB 827, in particular around demolition controls and affordability requirements," adds Mara.

Bill is receiving national attention

"Berkeley Councilwoman Lori Droste noted that the introduction of the bill is making waves, not just in California, where it’s received coverage in the Los Angeles Times, but nationally; online magazine Slate ran a story about the bill, as did the Boston Globe, running an opinion piece titled, “Go on, California — blow up your lousy zoning laws," notes Mara.

Droste suggested that the bill would undergo several iterations. "You want to get as many people on board as possible,” she said.

Hat tip to Len Conly.

Monday, January 22, 2018 in Berkeleyside

Lake Powell with much of the water evaporated.

Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River

Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.

October 30, 2026 - Yale Environment 360

A road in north eastern Nebraska with power lines on either side, and grassy fields.

Eastern Nebraska is running out of electricity

Data centers and electrification are straining eastern Nebraska’s grid, throttling economic development.

November 6, 2026 - Grist

People walking in downtown St. Louis, walking past shops.

Move over, LA: St. Louis gears up for Olympics, invests millions in downtown redevelopment

The Missouri city will host the 2028 Olympic soccer group stage and knockout matches.

November 1, 2026 - Smart Cities Dive

construction near Boston, with machinery digging at large pit.

Mass. votes against statewide minimum lot size for single-family homes

Over 2 million residents voted on Question 7; it was decided by just over 30,000 votes.

6 hours ago - GBH

A bridge over the Chesapeake Bay in Maryland.

Maryland’s $15 billion bridge project gains key approval

The Maryland Transit Authority said the project will create over 60,000 jobs and add $23 billion to the local economy.

7 hours ago - WTOP News

A crowd of people cheering for an unseen performer.

‘No clear next steps’ for Chicago's permanent festival grounds

Eleventh Ward Ald. Nicole Lee has suggested Soldier Field as a possible location for the permanent event space.

November 10 - Chicago Sun Times

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.