SB9 in Berkeley

Berkeley earns a grade of D for SB9 implementation. This grade reflects very limited SB9 activity despite the city’s progressive reputation and adoption of an SB9 ordinance. Investors should expect significant challenges in securing SB9 approvals here. The low approval count and declining application trend indicate that SB9 is not a reliable development pathway in Berkeley at this time.

Berkeley adopted an SB9 ordinance consistent with state requirements. The ordinance includes standard provisions such as no minimum lot size beyond state law, typical setback requirements, and design standards aimed at preserving neighborhood character. Parking requirements are minimal or waived in line with SB9 guidelines. Overall, the ordinance is standard and does not impose unusual restrictions beyond what state law mandates.

Despite adopting an SB9 ordinance, Berkeley has seen very low SB9 uptake. In 2022, the city received six applications but approved none. The following year saw no applications at all. In 2024, only two applications were submitted, with a single approval granted. No applications were filed in 2025. This pattern shows a declining trajectory in both interest and approvals. The city’s active Accessory Dwelling Unit (ADU) program appears to be the preferred route for small-scale infill development, overshadowing SB9 use. Berkeley’s progressive politics have not translated into SB9 success, possibly due to local opposition, administrative hurdles, or prioritization of other housing programs. There is no indication that charter city litigation or legal challenges affected SB9 activity here.

There is no record of any enforcement action by the California Department of Housing and Community Development (HCD) against Berkeley related to SB9 compliance.

Investors should approach Berkeley with caution regarding SB9 development. The city’s low approval rate and declining application numbers indicate that SB9 is not a dependable tool for increasing housing density here. The stronger ADU program may offer alternative opportunities, but SB9 projects face significant barriers. Until Berkeley demonstrates a clear shift toward facilitating SB9 approvals, this market should be considered avoid for SB9-driven investment strategies. For the grading methodology, see the SB9 City Guide post.