Local zoning · Berkeley

Berkeley — Overlay Districts

Q: How tall can I build in the Hillside Overlay?

For new buildings on R‑1/R‑1A/R‑2/R‑2A lots the limit is typically 28 ft average / 35 ft max , up to 3 stories ; for R‑3/R‑4/R‑5/R‑S/C‑N/C‑NS it’s 35 ft average/max, 3 stories. Limited flexibility is available via AUP with findings (§23.210.020.C.2) .

Q: Are multiple dwellings allowed on R‑2 lots within the Hillside Overlay?

No. Where H overlays R‑2 , multiple dwellings on a single property are not permitted (§23.210.020.B.2) .

Q: Does the Civic Center Overlay change height limits?

Yes. It imposes a maximum building height of 50 ft for all new buildings and additions within the overlay (§23.210.030.G.2) .

Overlay Districts under the Berkeley local zoning and planning code, with the controlling citations.

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Last reviewed: June 29, 2026

Overview

Berkeley’s overlay districts layer site-specific rules on top of the base Berkeley Zoning. Where an overlay conflicts with the underlying district, the overlay controls, and where it is silent, the base district standards apply (Title 23, see Table 23.108‑2 and 23.108.020.C) . Overlays are shown on the official Zoning Map adopted by §23.108.030; always confirm a parcel’s overlay status on that map before designing a project . This page covers the four overlays codified in Title 23: the citywide H (Hillside) and C (Civic Center) overlays, plus two overlays embedded in specific districts (D Dealership in C‑SA; DA Downtown Arts in C‑DMU) .

Overlay-by-Overlay Reference

H — Hillside Overlay Zone (Title 23.210.020)

Purpose: Protect the character of Berkeley’s hillside areas; allow tailored height/setback adjustments for steep or irregular terrain while protecting views (§23.210.020.A) .
Typical permitted uses: Same as the underlying base district, with one key exception — in the R‑2 district, multiple dwellings on a single property are not permitted (§23.210.020.B) .
Key dimensional standards:
- Main building height limits vary by underlying district; for example, R‑1/R‑1A/R‑2/R‑2A new buildings: 28 ft average, 35 ft max, up to 3 stories; R‑3/R‑4/R‑5/R‑S/C‑N/C‑NS new buildings: 35 ft average/max, up to 3 stories (§23.210.020.C.2, Table 23.210‑1) .
- Accessory buildings: 12 ft average height and one story unless increased by AUP with findings (§23.210.020.C.3) .
- Setbacks and building separation may be reduced by AUP if consistent with overlay purpose (§23.210.020.C.4) .
- Height in H also follows citywide Berkeley Development Standards for measurement (§23.304.050 referenced in §23.210.020.C.2.d) .
Where it applies: Properties mapped with the H overlay on the Zoning Map (§23.108.030; Table 23.108‑2) — verify parcel boundaries on the official map before applying the H rules .

C — Civic Center District Overlay Zone (Title 23.210.030)

Purpose: Preserve the Civic Center Historic District as a hub of civic, cultural, and educational uses; maintain public access and historic integrity (§23.210.030.A) .
Typical permitted uses: Only the uses listed in Table 23.210‑2 are allowed in the overlay, regardless of the base district: libraries (UP(PH)), judicial courts (AUP), museums (UP(PH)), parks and playgrounds (ZC), public safety/emergency services (UP(PH)), government agencies/institutions (AUP), public schools/educational facilities (UP(PH)), non-profit cultural/arts/community organizations (UP(PH)), live performance theatre (UP(PH)), public market (UP(PH)) (§23.210.030.D–G) .
Key dimensional standards:
- Maximum height for all new buildings and additions: 50 ft (§23.210.030.G.2) .
Where it applies: Exactly coterminous with the Civic Center Historic District boundaries and parcels listed in §23.210.030.B (APNs including Old City Hall/Courthouse, Veterans Memorial Building, Civic Center Park, Berkeley High School, Berkeley Main Post Office, and others) — check parcel list in code and verify mapped limits with Berkeley Historic Preservation resources (§23.210.030.B–C) .

D — Dealership Overlay (within C‑SA South Area Commercial, Title 23.204.100.B.5)

Purpose: Concentrate outdoor auto/motorcycle sales activities to defined frontages and manage impacts on adjacent neighborhoods (§23.204.100.B.5) .
Typical permitted uses: Automobile/motorcycle sales. Small vehicle sales that are exclusively indoor operations may be allowed more broadly with a ZC; uses with outdoor activities (inventory storage/display) are limited to the Overlay Area (§23.204.100.B.5.a–b) .
Key dimensional/operational standards:
- Outdoor vehicle display along Shattuck Avenue and Adeline Street only, limited to 30% of that lot frontage (§23.204.100.B.5.c.i) .
Where it applies: Within the C‑SA “Dealership Overlay Area” shown in Figure 23.204‑2 (§23.204.100.B.5.b) — confirm exact frontage/location on the adopted map figure and with staff .

DA — Downtown Arts District Overlay (within C‑DMU Downtown Mixed‑Use, Title 23.204.130.D)

Purpose: Create a concentrated arts/cultural core downtown and encourage pedestrian‑oriented vitality (§23.204.130.D.1) .
Typical permitted uses: Uses follow C‑DMU, but the overlay imposes additional use controls. For example, ground‑floor food service and offices adjacent to a street frontage require an AUP in the overlay with findings that the use animates the street and is generally open evenings/weekends (§23.204.130.D.3) . Separately, food service “of any size” within the Arts District Overlay requires an AUP per citywide use table (§23.302, Table 23.302‑7 note) .
Key dimensional standards: Height and bulk remain per C‑DMU subareas unless separately increased under §23.204.130.E–G; the overlay itself is primarily use‑control focused (§23.204.130.E–G) .
Where it applies: Within the ADO boundaries shown in Figure 23.204‑4 (§23.204.130.D.2). Verify location against the official figure and the Zoning Map .

Standards and Uses — Quick Reference

Overlay	What it does (plain English)	Where it applies	Key rule(s) that often decide feasibility	Code Reference
H (Hillside)	Adds hillside‑specific height/setback flexibility and protects views; limits some uses in R‑2	Parcels mapped with H on Zoning Map	Max height: R‑1/R‑1A/R‑2/R‑2A new buildings 28 ft avg / 35 ft max; R‑3+ and C‑N/C‑NS: 35 ft avg/max; AUP can reduce setbacks/building separation	§23.210.020; Table 23.210‑1
C (Civic Center)	Locks in civic/cultural uses and caps height	Civic Center Historic District parcels (APNs listed)	Uses restricted to the overlay list (e.g., libraries, museums, public market, etc.); Height max 50 ft	§23.210.030.D–G
D (Dealership – C‑SA)	Confines outdoor vehicle display and sets frontage limits	C‑SA Dealership Overlay Area	Outdoor display only on Shattuck/Adeline and limited to 30% of lot frontage	§23.204.100.B.5; Fig. 23.204‑2
DA (Downtown Arts – C‑DMU)	Requires street‑activating ground‑floor uses and extra approvals	Downtown Arts District figure	Ground‑floor food service/offices on street frontage require AUP with findings; food service “any size” in ADO = AUP	§23.204.130.D; Table 23.302‑7 note

Additional Practical Notes

Overlays are applied in addition to base Berkeley Land Use allowances; if the overlay is silent, use the base Berkeley Development Standards (§23.108.020.C) .
Projects in overlay areas may still trigger Berkeley Design Review based on location/thresholds; the CCD overlay also implicates Berkeley Historic Preservation review due to its mapped congruence with the Historic District (§23.210.030.B) .
Overlay compliance does not waive other citywide rules such as Berkeley Parking, Berkeley Signage, Berkeley Nonconforming Uses, Berkeley Variances and Exceptions, or Berkeley Landscaping and Screening.
Accessory Dwelling Units follow the city’s Berkeley ADUs chapter; overlays do not replace state‑mandated ADU rights unless expressly stated (Not found in retrieved materials).

Checklist

Confirm whether the parcel is within H, C, D, or DA overlays on the official Zoning Map (§23.108.030) — Verify with the jurisdiction .
Identify the underlying base district and applicable development standards.
If in H, check: underlying district height limits from Table 23.210‑1; whether an AUP is needed for any height increase, setback reduction, or accessory building height (§23.210.020.C) .
If in C, confirm the proposed use is on the allowed‑uses list and what permit level applies; confirm the 50 ft max building height (§23.210.030.D–G) .
If in D (C‑SA), verify the site is within the Dealership Overlay Area and that any outdoor display is limited to Shattuck/Adeline frontages and ≤30% of that frontage (§23.204.100.B.5) — Verify with the jurisdiction .
If in DA (C‑DMU), determine whether ground‑floor food service/office needs an AUP and prepare findings to show street activation (§23.204.130.D.3); also check citywide use table AUP trigger for food service in ADO (§23.302, Table 23.302‑7) .
Coordinate any required design review and historic preservation processes as applicable.
Cross‑check related standards (e.g., parking, signage, landscaping and screening).

Risks & Ambiguities

Issue	Why it matters	What to verify
Overlay boundaries on a specific parcel	Small mapping differences can flip a project into or out of an overlay	Confirm parcel overlays on the official Zoning Map before entitlement (§23.108.030) — Verify with the jurisdiction
Measuring “average” height in H	Height measurement affects allowable massing	H overlay references citywide height rules and special averaging notes; confirm method for additions (§23.210.020.C.2.c–d)
Setback reductions in H via AUP	Neighborhood fit and view protection are discretionary	Prepare findings that reductions are consistent with H purpose (§23.210.020.C.4)
CCD allowed uses “only”	Non‑listed uses are not allowed even if base district permits them	Ensure the program matches Table 23.210‑2; otherwise consider alternate sites (§23.210.030.D–G)
Dealership Overlay frontage %	How to calculate 30% along multiple frontages	Confirm measurement approach with staff and figure reference (§23.204.100.B.5.c.i; Fig. 23.204‑2) — Verify with the jurisdiction
DA overlay AUP findings	Street activation criteria are subjective	Prepare a use/operations plan that addresses hours, transparency, and activation (§23.204.130.D.3)

Plain-English Summary

Berkeley’s overlays are neighborhood‑specific add‑ons to the base zoning. In the hills, the H overlay changes how tall and how close to lot lines you can build; downtown’s Civic Center overlay strictly limits uses and caps height; the Dealership overlay corrals outdoor auto sales to certain C‑SA frontages; and the Downtown Arts overlay requires extra approvals for some ground‑floor uses to keep the street lively. Start with the map, then tailor your project to the overlay’s special rules.

Source References

Title 23 Zoning Ordinance, §23.108.020.C and Table 23.108‑2 (Overlay zones and where to find them)
Title 23 Zoning Ordinance, §23.108.030 (Adopted Zoning Map)
Title 23 Zoning Ordinance, §23.210.010 (Purpose of Overlay Zones)
Title 23 Zoning Ordinance, §23.210.020 (Hillside Overlay Zone, including Table 23.210‑1)
Title 23 Zoning Ordinance, §23.210.030 (Civic Center District Overlay Zone; APNs; allowed uses; 50 ft height cap)
Title 23 Zoning Ordinance, §23.204.100.B.5 (C‑SA Dealership Overlay Area; outdoor display standards)
Title 23 Zoning Ordinance, §23.204.130.D (C‑DMU Downtown Arts District Overlay; boundaries; AUP findings)
Title 23 Zoning Ordinance, §23.302, Table 23.302‑7 (AUP trigger for food service inside Arts District Overlay)

Sources

Retrieved passages

Berkeley Zoning Code (Section 23.304.050) High relevance
Berkeley Zoning Code (Section 23.406.030.F) High relevance
Berkeley Zoning Code High relevance
Berkeley Zoning Code (Section 23.306) Medium relevance
Berkeley Zoning Code (section is) Medium relevance
Berkeley Zoning Code (Chapter 23.502) Medium relevance
Berkeley Zoning Code (Chapter 23.210) Medium relevance
Berkeley Zoning Code (Chapter Purpose) Medium relevance
Berkeley Zoning Code (Section 23.304.050) High relevance
Berkeley Zoning Code (Chapter 3.24) High relevance
Berkeley Zoning Code High relevance
Berkeley Zoning Code (Chapter Purpose) Medium relevance
Berkeley Zoning Code (Section 23.406.040) Medium relevance
Berkeley Zoning Code (Section 23.204.030) Medium relevance
Berkeley Zoning Code Medium relevance

Cited sections

Official Berkeley code library

Frequently asked questions

How do overlay zones interact with my base zoning in Berkeley?

Overlay standards layer on top of base zoning. If an overlay standard conflicts with the base district, the overlay controls; if the overlay is silent, the base district applies (§23.108.020.C). Always start by checking the Zoning Map for overlays (§23.108.030) .

What uses are allowed in the Civic Center District Overlay?

Only the uses listed in Table 23.210‑2 are allowed, such as libraries, museums, courts, public schools, non‑profit cultural/arts groups, and public markets, each with its specified permit type. Other uses permitted by the base district are not allowed here (§23.210.030.D–G) .

How tall can I build in the Hillside Overlay?

For new buildings on R‑1/R‑1A/R‑2/R‑2A lots the limit is typically 28 ft average / 35 ft max, up to 3 stories; for R‑3/R‑4/R‑5/R‑S/C‑N/C‑NS it’s 35 ft average/max, 3 stories. Limited flexibility is available via AUP with findings (§23.210.020.C.2) .

Can I reduce setbacks in the Hillside Overlay?

Possibly. The Zoning Officer may approve an AUP to reduce required setbacks or building separation if the reduction is consistent with the overlay’s purpose (§23.210.020.C.4) .

Are restaurants in the Downtown Arts Overlay treated differently?

Yes. Inside the DA overlay, ground‑floor food service along a street frontage requires an AUP with specific “street activation” findings (§23.204.130.D.3), and food service of any size within the Arts District Overlay requires an AUP per the citywide use table (§23.302, Table 23.302‑7) .

Where can outdoor auto sales displays occur in South Area Commercial (C‑SA)?

Only within the C‑SA Dealership Overlay Area and only along Shattuck Avenue or Adeline Street frontages, with outdoor display capped at 30% of that street frontage (§23.204.100.B.5.c.i) .

Are multiple dwellings allowed on R‑2 lots within the Hillside Overlay?

No. Where H overlays R‑2, multiple dwellings on a single property are not permitted (§23.210.020.B.2) .

How do I know if my lot is inside an overlay?

Check the official Zoning Map adopted by §23.108.030 and look for overlay symbols (e.g., H, C) and mapped areas such as the DA and D overlays. When in doubt, verify with the City .

Does the Civic Center Overlay change height limits?

Yes. It imposes a maximum building height of 50 ft for all new buildings and additions within the overlay (§23.210.030.G.2) .

Do overlays affect design review or historic review requirements?

Overlays don’t replace those processes. For example, the Civic Center overlay area coincides with a designated Historic District and may require separate historic and [design review] approvals (§23.210.030.B) — confirm procedures with the City .

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