Berkeley Zoning, Planning & Building Codes

Last reviewed: June 29, 2026

Overview

Berkeley’s land-use rules live in the City’s municipal zoning ordinance, adopted as Berkeley Municipal Code Title 23 and reorganized into the “Baseline Zoning Ordinance” effective December 1, 2021 (often called “BZO 2021”). The BZO concentrates common rules in shared chapters, consolidates land-use tables, and adds maps and graphics to make navigation easier than the pre-2021 code it replaced . This page orients you to how to read Title 23, the district families it uses, the citywide standards that drive height, setbacks, FAR, open space and parking, when design review and other discretionary checks apply, what overlay zones and area plans do, and how state California housing laws (including ADUs) interact with local rules. Where the BZO doesn’t speak directly (e.g., citywide signage or detailed landscaping and screening standards), we flag those as items to verify.

How Berkeley’s code is organized

• Title and authority. Municipal Code Title 23 is the “City of Berkeley Zoning Ordinance.” Division 1 sets the ground rules (title, purpose, authority, conflicts with other law), the [Zoning Map] and how to read and measure things like height, setbacks, lot coverage and FAR (see Chapters 23.102, 23.104, 23.106, and 23.108) . When local rules conflict with higher law, state or federal law controls unless local variation is allowed (23.102.070) .
• Districts and standards. Division 2 houses the base districts by family—Residential (23.202), Commercial (23.204), Manufacturing (23.206), Special Purpose (23.208), and overlay zones (23.210)—each with allowed uses, permit triggers and district-specific tables for height, setbacks, coverage and FAR .
• Citywide development standards. Division 3 concentrates the “rules everyone uses,” like setbacks (23.304.030), building separation (23.304.040), height (23.304.050), usable open space (23.304.090), lot coverage (23.304.120) and compatibility edges between nonresidential and residential lots (23.304.130) .
• Permits and process. Division 4 is the process engine: who does what (23.402), how to apply and notice (23.404), what each permit type is and how it’s approved (Zoning Certificates, Administrative Use Permits, Use Permits, Variances, Master Use Permits, and design review) (23.406), Downtown “Green Pathway” streamlining (23.408), appeals (23.410), and enforcement (23.414) . After land-use approvals, building permits are taken under the California Building Standards Code (Title 24).

Tip: Throughout Division 2 district tables, cross-references send you back to Division 3’s common standards (e.g., “see 23.304.050—Building Height”), while rules of measurement in 23.106 tell you how to calculate them in practice (FAR, height, setbacks, etc.) .

Zoning district families

Berkeley’s base districts are grouped in five families. You’ll find allowed uses and permit triggers for each in the chapter headers cited below. For an at-a-glance map reference, see 23.108.030 (Zoning Map adoption and maintenance) .

• Residential districts (Chapter 23.202): R-1, R-1A, ES-R, R-2, R-2A, R-3, R-4, R-5, R-S, R-SMU. These range from low-density single-family to high-density Southside districts, with ES-R tailored to Panoramic Hill’s steep, high-hazard context .
• Commercial districts (Chapter 23.204): C-C (Corridor), C-U (University Avenue), C-N (Neighborhood), C-E (Elmwood), C-NS (North Shattuck), C-SA (South Area), C-T (Telegraph Avenue), C-SO (Solano), C-DMU (Downtown Mixed-Use), C-W (West Berkeley Commercial), C-AC (Adeline Corridor) . Note: the 2021 re-adoption created two new districts—C-U and C-C—from the former General Commercial district (C-1) .
• Manufacturing and mixed industrial districts (Chapter 23.206): M, MM, MU-LI, MU-R—the West Berkeley industrial family, which also includes “protected uses” and industry-specific findings .
• Special Purpose districts (Chapter 23.208): SP (Specific Plan District) and U (Unclassified). In the U District, the Use Permit itself sets the development standards (height, setbacks, FAR, parking, etc.) and is acted on by the ZAB, Planning Commission and City Council per the chapter’s workflow .
• Overlays (Chapter 23.210): The H Hillside Overlay and the Civic Center District Overlay apply in mapped areas in addition to the base district; overlay rules control where they conflict with base zoning (23.210.010.B) and may modify height and other limits (23.210.020) .

Citywide development standards

Most of the “how big/how tall/how far” rules live in Chapter 23.304 and are incorporated by reference into each district’s tables; measurement rules are in 23.106. Key elements include:

• Setbacks—23.304.030; Building separation—23.304.040; Height—23.304.050; Usable open space—23.304.090; Lot coverage—23.304.120; Edges near housing—23.304.130. The “nonresidential next to residential” rules add buffering features like screened lot lines and lighting controls to reduce impacts at district edges .
• Berkeley Development Standards in practice: examples pulled from the district tables show the range Berkeley uses citywide:
  • In R‑2A, the code shows a typical front setback of 15 ft, main-building height of 28 ft and 3 stories (up to 35 ft with an AUP), and lot coverage stepping down from 45% (1 story) to 35% (3 stories) (Tables 23.202‑8 to 23.202‑10) .
  • In ES‑R (Panoramic Hill), minimum new-lot area is 25,000 sq ft, minimum usable open space is 400 sq ft per unit, and maximum FAR is 0.3 (Table 23.202‑4) .
  • In C‑C, base FAR is 3.0 (no maximum for residential‑only), with maximum height commonly 40 ft and 2–3 stories depending on use mix; residential open space is typically 200 sq ft per dwelling unit (Table 23.204‑8) .
  • In C‑T, FARs reach 4.0 south of Dwight Way and 5.0 north of Dwight, with district maximum heights of 50 ft and 65 ft respectively (Table 23.204‑32) .
  • In C‑SA, mapped subareas allow up to 60 ft/5 stories for mixed-use and residential-only projects (Table 23.204‑28) .
  • In the Southside districts, R‑S coverage can run up to 65% for 1–2 stories (Table 23.202‑22), with step-backs by story; R‑S setbacks begin at 10 ft front/ 10 ft rear for lower stories (Table 23.202‑21) . In R‑SMU, base height is 60 ft/4 stories, with Use Permit options to 75 ft/5 stories in mapped subareas (Tables 23.202‑23 to ‑25) .
• Parking and loading live in Chapter 23.322 (migrated there by the BZO reorganization), and Transportation Demand Management lives in 23.334; consult these chapters for ratios, exemptions and TDM compliance paths .
• Rules of measurement for “how to count” lot coverage, gross floor area, FAR, stories, setbacks and height are in 23.106.020–.090 .
• Other general citywide topics you may need while designing include Nonconforming Uses (Chapter 23.324) and wireless facilities (23.332) for items like height projections and equipment siting cross-references .

Specific plans & overlays

• Area Plans. The code recognizes the Downtown Area Plan, Southside Plan, West Berkeley Plan, and Adeline Corridor Plan; projects inside these plan boundaries must comply with applicable Mitigation Monitoring Programs and, in the Southside, additional permit findings are required (23.304.140) .
• Overlays. The H Hillside Overlay tailors height and setback flexibility to topography and allows AUPs to increase allowed height where consistent with overlay purposes (23.210.020), and overlay standards take precedence over base zoning where they conflict (23.210.010.B) . The Civic Center District Overlay is also codified in 23.210 .
• Historic resources. Landmarks review is administered by the Landmarks Preservation Commission (see 23.402.050 for roles), and some districts have plan‑specific historic sensitivity (e.g., ES‑R references Panoramic Hill’s historic district context and findings) . See Berkeley Historic Preservation for parallel review responsibilities.

Building permits & review

• When permits are required. No use or structure may be established, constructed or moved without following applicable review procedures and obtaining required permits (23.102.050.D) .
• Permit types. The BZO defines:
  • Zoning Certificates (often for by‑right uses) (23.406.020),
  • Administrative Use Permits (AUPs) (23.406.030),
  • Use Permits—with public hearing (often shown as “UP(PH)” in tables) (23.406.040),
  • Variances (23.406.050),
  • Master Use Permits (MUPs) (23.406.060),
  • and design review procedures (23.406.070)—with the “Green Pathway” streamlining chapter (23.408) for qualifying Downtown projects .
• Decision-makers. Roles are outlined in 23.402 (Planning & Development Department, Zoning Officer, Design Review Committee, Zoning Adjustments Board, Planning Commission, City Council), with common application, noticing and post‑decision rules in 23.404 and appeals in 23.410 .
• Variance limits. Variances can allow deviation from development and use‑related standards, but cannot be granted to deviate from General Plan requirements (23.406.050) . See Berkeley Variances and Exceptions for orientation.
• After planning approvals, building permits are processed under the California Building Standards Code (Title 24).

State housing law in Berkeley

• State law controls in conflicts. The BZO explicitly notes higher law controls over lower where conflict exists (23.102.070), which frames how state housing mandates apply locally . See California housing laws for current state statutes.
• ADUs and JADUs. Berkeley’s 23.306 chapter implements Government Code 65852.2 (ADUs) and 65852.22 (JADUs), and sets local permit procedures and standards consistent with state law (23.306.010–.030) . For a quick primer, see California ADU law and the local ADUs page.
• Density Bonus. The BZO’s reorganization places Density Bonus in 23.330; consult this chapter for eligibility, concessions and waivers in exchange for affordable units .
• SB 9 (urban lot split/duplex). Not found in retrieved materials. Verify how Berkeley administers Government Code 66411.7 and 65852.21 alongside Title 23.
• Rent rules. Rent stabilization is outside Title 23. Not found in retrieved materials. Verify current rent‑control/rent‑stabilization applicability with the City.

Information Gaps

• Citywide signage and comprehensive landscaping and screening standards are not identified in the retrieved Title 23 excerpts. Verify location and current standards with the jurisdiction.
• Specific, up‑to‑date SB 9 procedures and any post‑2021 substantive updates to parking ratios in 23.322 should be confirmed with the City.

Source References

• Title and code organization; rules of measurement and zoning map adoption: 23.102, 23.106, 23.108
• Residential, commercial, manufacturing chapter lists and sections: 23.202, 23.204, 23.206; overlays 23.210
• Creation of C‑U and C‑C districts in 2021 adoption: BZO adoption ordinance (Section 4)
• Citywide development standards chapters and examples: 23.304 (including .030, .040, .050, .090, .120, .130), and district tables cited above (R‑2A: Tables 23.202‑8–10; ES‑R: Table 23.202‑4; C‑C: Table 23.204‑8; C‑T: Table 23.204‑32; C‑SA: Table 23.204‑28; R‑S: Tables 23.202‑21–22; R‑SMU: 23.202‑23–25)
• Parking and TDM: 23.322 and 23.334 (location via BZO mapping table)
• Area Plans and MMP compliance: 23.304.140
• Overlays: 23.210.010–.020 (purpose, precedence, hillside standards)
• Permits and process: 23.402 (roles), 23.404 (applications, notice, hearings), 23.406 (permit types; including design review 23.406.070 and variance 23.406.050), 23.408 (Green Pathway), 23.410 (appeals)
• State-law applicability/conflicts: 23.102.070; ADUs/JADUs implementation 23.306.010–.030