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ADUs [Accessory Dwelling Units]are being approved administratively that are far above what people expect from such housing units and which are harming existing tenants.

On October 20, 2020, the City administratively[ministerially or “by right”] granted a permit to build a 4-bedroom, 1,005 sq ft ADU in the front yard of an existing multi-family building at 2915 Harper Street. The ADU eliminated the front yard setback of the existing building at that address along with the five parking spaces for existing tenants, including the access used by a wheelchair-bound disabled man. The only notice to tenants was a note in their mailbox to move their cars to enable the construction.

On November 19, 2020, during the Rent Stabilization Board’s Public Comment Period, six speakers told of the distress and problems encountered by residents due to this construction and how it was handled. It is said that the City has published a one-page summary of ADU regulations…. A long search by BNC has failed to find such a document. However, we have been told that it indicates that the City has decided that detached ADUs on multifamily lots that do not exceed 16 feet in height may be of unlimited size. This is truly an important issue throughout Berkeley.

[T]he State issued ADU Handbook, updated December 2020… states that while ADUs must be permitted, “any limits on where ADUs are permitted may only be based on the adequacy of water and sewer service, and the impacts on traffic flow and public safety.” (Emphasis added).

The experience of 2915 Harper is the canary in the mine where any and all zoning features will be waived. This speaks volumes as to how residents can be expected to be treated in the future.

—Berkeley Neighborhoods Council[excerpts from their February 14 open letter to the Berkeley City Council]