How Berkeley permits an ADU

One building permit, no zoning hearing

The city says all ADUs and junior ADUs require a building permit, and that compliance with the ADU zoning standards is reviewed as part of that permit. State law requires ministerial review of an ADU application without a public hearing, based on objective criteria, and the city says approved ADU permits are not appealable. You apply through the city's Permits Online or in person at the Permit Service Center.

Fees the city lists

A $250 zoning plan check fee and a $500 neighbor noticing fee are charged when you submit. Building permit fees depend on the value of the project, and the city has a fee estimator. The city's Land Use Planning division does not assess impact fees. Residential projects of more than 500 square feet of livable space also pay school facility fees to the Berkeley Unified School District, and proof of payment is needed before the building permit is issued. A new ADU also needs an address assignment, which the city lists at $250.

Neighbor notice

When the application is submitted, the city mails a courtesy notice to the owners and tenants of the property and of adjacent, confronting and abutting properties within 10 working days. The notice is not an approval step.

Deed restriction

Before the building permit is issued, you record a deed restriction with the Alameda County Clerk Recorder. It bars use of the ADU as a short-term rental and limits separate sale of the ADU from the main home.

Existing unpermitted units

The city's information sheet says unpermitted ADUs can be reviewed under its ADU amnesty program. Ask the city or the contractor whether yours qualifies.