Use Permit

Applications for Use Permits (UP) may be submitted electronically or  filed in person at the Permit Service Center, and must include all of the applicable requirements listed in the Zoning Project Submittal Requirements.

Projects that require a Use Permit

Use Permits are mandatory for the use of land or land development when required by the Zoning Ordinance, typically for larger projects, and ensure that projects are designed, located, and operated in ways that are compatible with the neighboring properties. A UP is issued by the Zoning Adjustments Board after a public hearing, and may be appealed to the City Council by any aggrieved body.

The Zoning Ordinance specifies which projects require an UP, including, but not limited to, the following:

• New buildings
• Adding or removing dwelling units
• Specific uses of existing or new commercial buildings including but not limited to: retail sale of alcoholic beverages, food service, smoke shops, pet stores
• Childcare centers

Inform neighbors earlY

Before applying for a UP in, or adjacent to, a residential zoning district, applicants must give surrounding neighbors an opportunity to review the project plans and indicate any concerns they may have (see Community Outreach Instructions). The purpose of this requirement is to help identify and resolve major concerns early in the process, and alert staff to any unresolved issues. 

Neighbors are welcome to submit written comments to staff at any point during the process. Written comments provided prior to the public hearing will be distributed to Commission members. Verbal testimony can be provided at the meeting.

Work with neighbors to resolve differences

Whenever possible, staff encourages applicants and neighbors to work together to resolve outstanding concerns. SEEDS Community Resolution Center provides mediation services on behalf of the city, and in many cases can help achieve compromise. If there are outstanding concerns staff must determine whether these concerns warrant modification or denial of the project.

"Detriment" is determined on a case-by-case basis, depending on the project type and setting. Staff can provide further guidance during preliminary review as to whether or not a particular project may cause detriment. 

Basis for Zoning Adjustments Board decisions 

To approve a UP, the ZAB must find that the project would not be “detrimental” to neighboring properties or to the City’s general welfare, and make any other findings required by the Zoning Ordinance for that project. ZAB may place conditions on a project if necessary to make the required findings or promote the public welfare.

Apply for a Use Permit

Applications may be submitted electronically or filed in person during a scheduled in-take appointment at the Permit Service Center. To initiate an electronic submittal please email Planning@cityofberkeley.info. To submit in-person, please schedule a zoning permit intake appointment online through the Permit Service Center Appointments. Applications must include all of the applicable requirements listed in the Zoning Project Submittal Requirements.

Minimum requirements include (but are not limited to): 

• Application fees
• Application form with owner's signature
• Community Outreach Instructions (for projects in and adjacent to residential zoning district)
• Photo of posted project notice
• Written description of project
• Site plan, floor plans, and elevations
• Additional information that may be required to demonstrate the project will not have a negative impact on the environment or neighborhood

Ensure your applications are complete

UP applications that are complete when submitted and do not require environmental review, major revisions or mediation are typically processed with the timeline shown in the table below. Once an application is filed, applicants can check with the assigned planner to get a more precise time estimate. Applicants can help reduce the time required to process an UP by doing the following:

• Seeking input from affected neighbors before finalizing plans
• Bring plans to staff for preliminary review before filing application
• Submit professionally prepared drawings and materials that are internally consistent
• Carefully review the Zoning Project Submittal Requirements and ensure that all application and zoning requirements are met

Complete submissions make application process faster 

You’ll receive an email or mailed letter acknowledging the receipt of your application and assignment of a project planner within one week. Once your application is accepted for review, staff will determine if the application is complete or additional information is required within 30 days of submittal. 

If incomplete, the project planner will provide a letter outlining the required materials that are missing. After resubmission, the project planner will again review the application for completeness within 30 days of submittal.

After an application is deemed complete, the staff planner will complete the project analysis. Next, the staff planner will work with the applicant team and Zoning Adjustments Board (ZAB) secretary to place the project on a ZAB agenda. 

A notice of the public hearing before the ZAB will be mailed to all property owners and residents within 300 feet of the project site and posted at least 14 days before the public hearing. We encourage public involvement in the ZAB process. 

If the project is located in a non-residential zoning district, referral to and recommendation from the Design Review Committee is required prior to ZAB consideration.

If the Use Permit also involves the alteration or demolition of an initiated or designated landmark, a Structural Alteration Permit application must be submitted and separately reviewed by the Landmarks Preservation Commission. Staff will coordinate review to ensure that necessary information is available for all decision-makers.

Following the ZAB decision, staff will mail a Notice of Decision, which starts a 14-day appeal period. If appealed, City Council consideration is generally scheduled within two or three months. The City Council has the following options: 

• Continue the public hearing, 
• Modify, reverse, or affirm ZAB action, or
• Remand to ZAB for reconsideration

The City Council will receive the entire record for the project. Additional written information may be submitted to the City Clerk and will be provided to the Council.