Berkeley, First U.S. City to Enact Single-Family Zoning in 1916, Moves to Reverse Policy

Berkeley, California, the first city in the United States to establish single-family zoning in its Elmwood neighborhood in 1916, is now actively working to dismantle this century-old policy. The historical significance of this move was highlighted by social media user Theo, who stated in a recent tweet, "This is huge. Berkeley was the first city in the country to establish single-family zoning, in Elmwood in 1916." This pioneering ordinance, while not explicitly racial in its language, was widely understood to be a tool for racial and class segregation, designed to prevent certain demographics from residing in specific areas.

The origins of Berkeley's single-family zoning are rooted in efforts by real estate developers, such as Duncan McDuffie, to maintain property values and exclude specific groups. Historical accounts reveal that the policy was intended to prevent establishments like a Black-owned dance hall or Chinese laundries from moving into predominantly white neighborhoods. This approach became a common workaround for segregation after the 1917 U.S. Supreme Court ruling in Buchanan v. Warley declared explicit race-based zoning unconstitutional, allowing cities to achieve similar exclusionary outcomes through land-use regulations.

In a significant step towards rectifying this legacy, the Berkeley City Council unanimously voted in February 2021 to begin the process of eliminating single-family zoning. This decision was driven by a recognition of the policy's discriminatory past and its ongoing contribution to housing unaffordability and racial disparities. Vice Mayor Lori Droste, whose district includes Elmwood, expressed feeling "morally compelled to address this issue," acknowledging the historical wrongs.

More recently, in July 2024, the City Council advanced a Middle Housing ordinance, which will permit small apartment buildings, potentially up to eight units on a typical 5,000-square-foot lot, across most of the city. Councilmember Rashi Kesarwani emphasized that these changes aim to "create more starter-home opportunities for middle-class workers, for people of color, for people who have historically not had an opportunity to own a home." This initiative places Berkeley among a growing number of U.S. cities and states, including Minneapolis and Oregon, that are reforming zoning laws to address housing shortages, increase affordability, and promote greater equity.