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  • Construction & Development
  • Permits & Design Parameters
  • Permit Process
  • Filing an Appeal on a Zoning or Land Use Decision
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Filing an Appeal on a Zoning or Land Use Decision

Learn how to appeal a project. Discover the timeline and costs.

Anyone may appeal an Administrative Use Permit decision, Staff-level Design Review, or any action by the Design Review Committee and the Zoning Adjustments Board (ZAB). 

To appeal a project, submit a letter which clearly and concisely describes the grounds for the appeal. Ensure your appeal is filed by the deadlines in the Berkeley Municipal Code. If the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day.

Projects that are appealed to the City Council (ZAB and Landmark Preservation Committee actions) must be filed with the City Clerk’s Office no later than 5 p.m. on the last day of the appeal period and accompanied by the appeal fee. The City Clerk’s Office accepts check or money order payable to “City of Berkeley.”

For projects that are appealed to the ZAB (Zoning Officer and Design Review Committee actions), appeals must be filed at the Permit Service Center no later than 2 p.m. on the last day of the appeal period and accompanied by the appeal fee. The Permit Service Center accepts credit cards, and checks or money order payable to “City of Berkeley.”

Appeals Fees 

Appeal By Non-applicant Fee
Zoning Officer (AUP) Decisions – Standard Fee $500
Zoning Officer (AUP) Decisions – Reduced Fee

Appeal must be signed by persons who lease or own at least 35 percent of the parcels or dwelling units within 300 feet of the project site, or at least 20 such persons (not including dependent children), whichever is less
$200
ZAB or LPC Decisions – Standard Fee $1,500

Appeals to City Council are filed with the City Clerk’s office 
ZAB or LPC Decisions – Reduced Fee:

Appeal must be signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less
$500

Appeals to City Council are filed with the City Clerk’s office 
Design Review Decisions (Staff or DRC) $500
Affordable Housing Projects

Applies to AUP, ZAB or LPC decisions on projects that provide at least 50 percent of their dwelling units for households earning 80% of Area Median Income or less
$500

Appeals to City Council are filed with the City Clerk’s office 

 

Appeal By Applicant Fee

Zoning Officer (AUP)

ZAB and LPC Decisions

$3,680

$5,520
Appeals to City Council are filed with the City Clerk’s office

Design Review Decision (Staff or DRC) $3,680

The fee is waived for an appeal based entirely on staff procedural error.

In this section
Permit Process
  • Permit Service Center
  • Estimate Permit Fees
  • Plan Check
  • Fire Department Plan Review
  • Building Inspections
  • Research Permit Records
  • Permits Online
  • Licensed Contractors
  • Filing an Appeal
  • Condominium Conversion
  • Residential Additions and Accessory Dwelling Units

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More News
Zoning Officer, Permit Service Center
Email: planning@cityofberkeley.info
Phone: (510) 981-7410

Related BMC

  • Municipal Code 23.410

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