Middle Housing Ordinance
The Middle Housing Ordinance allows for a dramatic increase in the density of housing on small lots. Your neighbor can now sell their home to a developer who can demolish the existing structure and build in its place a three-story 8-unit apartment building (or 5-story 12-unit with the density bonus) within as little as 5 feet for a front or rear setback, with coverage of up to 60% of the lot. You are required to receive a notice 10 days before such action, but there is nothing you can do about it; there will be no previous hearing or review of the project nor any right for appeal. This entire process will be handled administratively without any input from neighboring properties.

For more details see some highlights of its provisions.

Ruining our Residential Areas

This house on the corner in Berkeley has a multi-family home next to it. Under the Middle Housing Ordinance and taking advantage of the density bonus, a 5-story apartment building can be built in its place, as well as on virtually all residential lots in Berkeley.

Corner house on a residential street in Berkeley with an existing 2-story dwelling next to it that can be replaced under the Middle Housing Ordinance.

During the summer, the shadow cast by a new 5-story building in the morning and early afternoon would likely keep the entire corner lot from getting any sun.

Corner house on a residential street in Berkeley with a new 5-story apartment building next to it that can be built under the Middle Housing Ordinance.

Senate Bill 79 (SB79)
Anywhere in Berkeley within one half mile of a BART station, on a typical 5000 square foot lot, it is now allowable to build a 6-story building with 11 units. Add the full density bonus and you end up with a 12-story monstrosity. Governor Newsom signed this YIMBY-supported state-wide bill from Senator Scott Wiener in October, 2025. Councilmember Kesarwani was listed as supporter by the Senator.

Find out what that means for you.

This house on the corner in Berkeley is within 1/2 mile of North Berkeley BART. Under SB79 and taking full advantage of the density bonus, a 12-story apartment building can be built on a residential lot anywhere within this 1/2 mile radius.

Corner house on a residential street in Berkeley with an existing 2-story dwelling next to it that can be replaced under the Middle Housing Ordinance.
Corner house on a residential street in Berkeley with a new 12-story apartment building next to it that can be built under SB79 and full use of the density bonus.