Berkeley — Design Review

Last reviewed: June 29, 2026

Overview

Berkeley’s Design Review is a discretionary review under the Berkeley Municipal Code Title 23 that focuses on the exterior design of buildings and sites, not land use, with the goal of ensuring high-quality, context-sensitive development citywide. In plain terms, if you are changing what a building looks like in certain districts—or building a new one—expect Design Review in addition to regular Berkeley Zoning approvals. The ordinance makes Design Review mandatory in all Non-Residential districts and, for specific project types, in several higher-density Residential districts. See §23.406.070 (Design Review) and §23.102.040 (Zoning Ordinance Purpose) .

What Design Review Covers (and what it doesn’t)

• Only design issues: building massing and articulation, placement on the lot, pedestrian and vehicle circulation, parking layout, landscaping and screening, and similar site-design topics. It does not re-litigate use permits or land use itself. §23.406.070.H
• Basis for approval: conformance with the City of Berkeley Design Guidelines and any applicable citywide or area-specific design standards/guidelines. §23.406.070.G, M

When Design Review Is Required

• Projects in all Non-Residential districts. §23.406.070.B.1.a
• In the R-3 (Southside Plan area only): mixed use and community/institutional projects. §23.406.070.B.1.b; §23.202.100.D (map ref. Figure 23.202-1)
• In the R-4, R-SMU, and R-S: commercial, mixed-use, and/or community/institutional projects as specified in each chapter. §23.406.070.B.1.c; §23.202.110.D; §23.202.140.D; §23.202.130.D
• “Project” includes: exterior modifications; additions; partial/full demolition; removal of facade elements facing the street; new structures; and installing or replacing a sign (see Berkeley Signage). §23.406.070.B.2.a–f

Process, Authority, and Timelines

• If a Use Permit is required, Preliminary Design Review is required before ZAB action; ZAB may require Final Design Review as a condition. §23.406.070.C.1.a–e
• If no Use Permit is required, staff conducts Design Review before the Zoning Officer acts on the permit. §23.406.070.C.2.a–b, D.1
• Review bodies:
  • Staff-level Design Review for projects without a Use Permit. §23.406.070.D.1
  • Design Review Committee (DRC) for Use Permit projects (with limited staff-delegation at Zoning Officer discretion, after conferring with the DRC Chair). §23.406.070.D.2.a–b
  • Landmarks Preservation Commission (LPC) conducts Design Review for landmarks and within historic districts under Chapter 3.24 (via Structural Alteration Permits). §23.406.070.D.3; §23.406.070.F (mandatory/optional LPC referrals)
• Timelines: typically within 60 days (AUP/Zoning Certificate projects from completeness; ZAB projects from final Design Review plan submittal or Permit Streamlining Act limit, whichever is less). §23.406.070.I.1–2
• Public notice: staff-level DR requires on-site posting at least 14 days before a staff decision; DRC meeting agendas posted 72 hours in advance; DRC meetings are open to the public. §23.404.040.D; §23.406.070.L.1–2
• Hearing: none required for Design Review decisions. §23.406.070.K
• Appeals: per Chapter 23.410 (not detailed here), as referenced in §23.406.070.O. §23.406.070.O
• After approval, staff checks building plans for compliance with approved Design Review plans/conditions at permit issuance; Final Design Review is not required unless ZAB conditions it. §23.406.070.C.1.d–e; §23.406.070.P; §23.406.070.C.2.c

Design Review — At a Glance

District-by-District Applicability and Context

Design Review applies across many districts. Below is a district-by-district look at those where the ordinance explicitly ties Design Review to certain project types and the broader Non-Residential family of districts referenced in §23.406.070.B . For a full picture of base regulations, also see Berkeley Development Standards.

All Non-Residential Districts (Commercial and Manufacturing)

• Trigger: All “projects” require Design Review in every Non-Residential district. §23.406.070.B.1.a
• Which districts: Commercial districts such as C-E, C-NS, C-SA, C-T, C-O, C-W, C-DMU, C-AC (Chapter 23.204), and Manufacturing/Mixed-Use industrial districts M, MM, MU-LI, MU-R (Chapter 23.206/23.204 cross-refs). See ordinance mapping of district chapters .
• Typical uses: Commercial areas support non-residential uses like retail, personal services, restaurants, and offices; industrial areas include manufacturing/wholesale/warehousing and live/work where allowed. These use categories appear in the Master Use Permit framework (industrial, office, commercial, live/work, residential). §23.406.060.E (Use Allocation categories)
• Example dimensional standards:
  • C-E Elmwood Commercial: residential-only in C-E follows residential-like metrics (e.g., front setback 15 ft, rear 15 ft, interior 4–6 ft by story; lot coverage caps of 45–50% by lot type and stories). §23.204 (Tables 23.204-22, -23)
  • C-SA South Area Commercial: maximum heights vary by subarea and use (e.g., Non-Residential 36 ft/3 stories in Subarea 1; Mixed-Use/Residential 60 ft/5 stories in Subarea 1 with upper floors residential). §23.204 (Table 23.204-28)
• Where it applies: Wherever the zoning map designates a Non-Residential district citywide. See Berkeley Land Use.

R-3 Multiple-Family Residential (Southside Plan area — selected projects)

• Purpose: Provide relatively high-density residential with adequate light/air and open space; allow group living (dorms, fraternities/sororities), and specialized care (e.g., nursing homes) without neighborhood detriment. §23.202.100.A
• Design Review trigger: In the Southside Plan area, all mixed-use and community/institutional projects require Design Review (see Figure 23.202-1). §23.202.100.D
• Key dimensional standards (examples): New buildings/non-residential additions up to 35 ft/3 stories; typical front and rear setbacks 15 ft; lot coverage up to 45–50% depending on lot type and stories. Tables 23.202-11, -12, -13
• Where it applies: R-3 parcels; Design Review trigger limited to mapped Southside Plan subarea (verify boundary). §23.202.100.D (Figure reference)

R-4 Multi-Family Residential

• Purpose: Support higher-density multi-family housing, including residential hotels, while protecting adjacent properties and allowing institutional/office uses that are not detrimental. §23.202.110.A
• Design Review trigger: All commercial and mixed-use projects in R-4 require Design Review. §23.202.110.D
• Key dimensional standards (examples): New buildings/non-residential additions typically 35 ft/3 stories, with potential up to 65 ft/6 stories via Use Permit; increasing setbacks and building separation with height. Tables 23.202-14, -15, -16
• Where it applies: R-4 parcels citywide.

R-S Residential Southside

• Purpose: Encourage moderate to high-density residential near transit/shopping in Southside; promote redevelopment of underutilized sites while protecting light/air. §23.202.130.A
• Design Review trigger: All mixed-use and community/institutional projects in R-S require Design Review. §23.202.130.D
• Key dimensional standards (examples): Setbacks increase by story (e.g., front 10 ft across stories, rear 10–17 ft); lot coverage up to 65–70% depending on lot type and stories. Tables 23.202-21, -22
• Where it applies: R-S parcels in the Southside Plan area.

R-SMU Residential Southside Mixed Use

• Purpose: Encourage high-density, multi-story housing near shopping/transit with compatible institutional, neighborhood-serving retail, and office uses; promote mixed-use redevelopment. §23.202.140.A–B (context)
• Design Review trigger: All commercial, mixed-use, and community/institutional projects in R-SMU require Design Review. §23.202.140.D
• Key dimensional standards (examples): New buildings 60 ft/4 stories (with AUP or up to district limit via UP, per notes); see district tables for setbacks, separations, and coverage. Table 23.202-23 and cross-references to 23.202-24/25
• Where it applies: R-SMU parcels in the Southside Plan area.

Topic Cross-Checks and Special Cases

• Historic resources: Some Design Review applications must be referred to the LPC for comment before action (e.g., State Historic Resources Inventory listings or buildings over 40 years old that may have significance). §23.406.070.F.1–2 and D.3; see also Berkeley Historic Preservation
• Signs: “Installing or replacing a sign” is a Design Review “project.” Coordinate with the Berkeley Signage chapter and sign permit steps. §23.406.070.B.2.f
• Density Bonus: State Density Bonus incentives/concessions are exempt from discretionary review other than Design Review; waivers/reductions may be negotiated alongside the Use Permit/Design Review process. §23.330 (notably §23.330.050.B context) ; see also California housing laws
• Wireless facilities: Design of fencing, equipment screening, and related features for wireless facilities is subject to Design Review. §23.332.070.G–H (Design and Landscaping)
• Downtown (C-DMU) Green Pathway: Separate, voluntary streamlining pathway for qualifying projects; coordinate Design Review timing with the Green Pathway process. §23.408 (purpose/applicability)

Checklist

• Confirm which district the site is in and whether it’s a Non-Residential district or the R-3 (Southside), R-4, R-S, or R-SMU districts with Design Review triggers. §23.406.070.B.1
• Verify your scope fits a “project” (exterior changes, additions, demolition, facade removal, new building, or sign). §23.406.070.B.2
• Determine if a Use Permit is required; if yes, schedule Preliminary Design Review before ZAB action. §23.406.070.C.1.a
• Prepare submittals responsive to the City’s Design Guidelines and any area-specific standards. §23.406.070.G, M
• Check for LPC referral triggers (landmarks, historic resources, buildings 40+ years with potential significance). §23.406.070.D.3, F.1–2
• If staff-level DR, post on-site notice at least 14 days before the staff decision; track DRC agendas if applicable. §23.404.040.D; §23.406.070.L.2
• Build to the approved Design Review plans; staff will verify conformance at permit issuance. §23.406.070.P

Risks & Ambiguities

Plain-English Summary

If you are changing how a building looks in a Berkeley commercial or industrial district—or doing certain commercial/mixed-use projects in the higher-density Southside residential districts—you’ll likely need Design Review. It’s a 60-day, design-focused check against City Design Guidelines, often at staff level, with posted notice but no formal hearing, and with added steps if landmarks or historic resources are involved.

Source References

• BMC §23.406.070 – Design Review (purpose, applicability, process, authority, timelines, notice, appeals)
• BMC §23.404.040.D – Public Notice for Design Review (posting/agenda)
• BMC §23.102.040 – Purpose of the Zoning Ordinance (non-residential DR intent)
• BMC §23.202.100.D – R-3 Southside DR trigger and development standards (Tables 23.202-11, -12, -13)
• BMC §23.202.110.D – R-4 DR trigger and development standards (Tables 23.202-14, -15, -16)
• BMC §23.202.130.D – R-S DR trigger and development standards (Tables 23.202-21, -22)
• BMC §23.202.140.D – R-SMU DR trigger and standards (Table 23.202-23; related tables)
• BMC §23.204 – Commercial Districts (examples: C-E, C-SA dimensional standards)
• BMC §23.330 – Density Bonus (discretionary review limited except DR; waivers/concessions coordination)
• BMC §23.332 – Wireless Communication Facilities (design/screening subject to DR)
• BMC §23.408 – Green Pathway (C-DMU streamlining context)
• District index/mapping (Commercial/Manufacturing district listings)

Retrieved passages

• Berkeley Zoning Code (Section 23.404.040.D) High relevance show source text
• Berkeley Zoning Code (Section 23.406.070.D) High relevance show source text
• Berkeley Zoning Code (Chapter 3.24.) High relevance show source text
• Berkeley Zoning Code (Title 23A) Medium relevance show source text
• Berkeley Zoning Code Medium relevance show source text
• Berkeley Zoning Code (Chapter 3.24) Medium relevance show source text
• Berkeley Zoning Code (Section 65850) Medium relevance show source text
• Berkeley Zoning Code (Chapter 16.18) Medium relevance show source text
• Berkeley Zoning Code (Chapter 23.404) High relevance show source text
• Berkeley Zoning Code (Section 23.202.030) High relevance show source text
• Berkeley Zoning Code (Section 23.202.030) Medium relevance show source text
• Berkeley Zoning Code (Section 23.202.030.A) Medium relevance show source text
• Berkeley Zoning Code (Title 23) Medium relevance show source text
• Berkeley Zoning Code (Section 23.202.030.A) Medium relevance show source text
• Berkeley Zoning Code (Section 23.202.030.A) Medium relevance show source text
• Berkeley Zoning Code (Section 23.202.030.A) Medium relevance show source text

Cited sections

• BMC §23.406.070 – Design Review (purpose, applicability, process, authority, timelines, notice, appeals) (§23.406.070)
• BMC §23.404.040.D – Public Notice for Design Review (posting/agenda) (§23.404.040.D)
• BMC §23.102.040 – Purpose of the Zoning Ordinance (non-residential DR intent) (§23.102.040)
• BMC §23.202.100.D – R-3 Southside DR trigger and development standards (Tables 23.202-11, -12, -13) (§23.202.100.D)
• BMC §23.202.110.D – R-4 DR trigger and development standards (Tables 23.202-14, -15, -16) (§23.202.110.D)
• BMC §23.202.130.D – R-S DR trigger and development standards (Tables 23.202-21, -22) (§23.202.130.D)
• BMC §23.202.140.D – R-SMU DR trigger and standards (Table 23.202-23; related tables) (§23.202.140.D)
• BMC §23.204 – Commercial Districts (examples: C-E, C-SA dimensional standards) (§23.204)
• BMC §23.330 – Density Bonus (discretionary review limited except DR; waivers/concessions coordination) (§23.330)
• BMC §23.332 – Wireless Communication Facilities (design/screening subject to DR) (§23.332)
• BMC §23.408 – Green Pathway (C-DMU streamlining context) (§23.408)
• District index/mapping (Commercial/Manufacturing district listings)
• Berkeley_ZoningCode.md

• Official Berkeley code library