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 |
| Design Review Decision (Staff or DRC) | $3,680 |
The fee is waived for an appeal based entirely on staff procedural error.
