Berkeley Permitting:
Step-By-Step

The process for a developer wishing to build housing in Berkeley generally involves a multi-stage workflow, starting with securing entitlements and culminating in the Certificate of Occupancy, often requiring input from multiple City departments and commissions.

The high-level sequence of approvals moves from Entitlement (Zoning Approval) to Building Permit to Certificate of Occupancy.

Phase 1: Entitlement and Land Use Approval (Zoning Project Application)

A developer initiates the process by submitting a Zoning Project Application (ZPA) to the Land Use Division of the Planning and Development Department. The approval granted in this phase constitutes the "Completed Entitlement" for the project.

1. Application Submission and Review: The Land Use Division staff must review the application to determine if it is complete, with a statutory deadline of 30 days after receiving the submittal.

2. Key Required Application Materials: The developer must submit extensive documentation, including:

• Forms and General Information: 

  • The signed ZPA form, 

  • a completed checklist, 

  • payment of application fees, 

  • a Hazardous Waste and Substances Statement, 

  • a Tabulation Form (comparing the project to development standards), 

  • installation/photos of a Pre-Application Yellow Poster.

• Plans: A full set of architectural drawings, including 

  • a Site Plan, 

  • Floor Plans, 

  • Building Elevations, 

  • a Landscape and Usable Open Space Plan, 

  • a Lot Coverage Diagram.

• Technical Studies (Environmental/Feasibility):

  • A Shadow Study is required for buildings exceeding 14 feet in height near or adjacent to a residential district.

  • A Phase I or Phase II Site Assessment is mandatory for sites with five or more feet of excavation below grade or a history of soil/groundwater contamination.

  • A Geotechnical and Seismic Hazard Investigation is required if the project is located in a State-designated Seismic Hazard Zone.

  • If the project proposes certain types of demolition or substantial change to a building 40 years or older, a Historic Resource Evaluation may be required.

  • No mention of Fire Zone study; 

• Affordable Housing/Density Bonus: 

  • If requesting a Density Bonus (pursuant to Government Code Section 65915), the developer must provide a Density Bonus Eligibility Statement, including a diagram of a compliant "Base Project" and an explanation of why requested waivers or modifications are necessary to accommodate the bonus units. 

  • A preliminary Affordable Housing Compliance Plan is also needed for larger residential projects.

3. Approval Pathways (Ministerial vs. Discretionary): The approval process varies based on whether the project requires discretionary review:

• Ministerial Review (Streamlined): A project proposed pursuant to streamlining laws (such as the Affordable Housing and High Road Jobs Act of 2022 (AB 2011)) is deemed ministerial if it satisfies all objective planning standards. The local government shall approve the development if it determines it is consistent with these standards. 

  1. If the local government determines the application conflicts with objective standards, it must provide the developer written documentation listing all conflicts and reasons within 60 or 90 days, depending on the project size.

• Discretionary Review: If a project has both ministerial and discretionary components, it is classified as discretionary. 

  1. Discretionary projects typically require Design Review (for projects with new construction or exterior changes in non-residential districts), which is conducted by the local government's Planning Commission or equivalent board.

Phase 2: Building Permit

After the Completed Entitlement is secured, the developer seeks a Building Permit. The issuance date of the Building Permit is considered the key benchmark for tracking progress toward the Regional Housing Needs Allocation (RHNA) targets.

Key Requirements:

• Compliance with the Berkeley Energy Code and Berkeley Green Code is mandatory for newly constructed buildings.

• Submit WELO-compliant landscape documentation including a planting, grading, and irrigation plan. Water budget calcula-tions are also required for landscapes of 2,500 square feet or more. The reference evapotranspiration rate (ETo) for Berkeley is 41.8.

• See Green Building requirements.

• B. BERKELEY ENERGY CODE AND BERKELEY GREEN CODE

• Required for newly constructed buildings (buildings that have never before been used or occupied for any purpose).

• Submit the following:

• 1. A statement, and corresponding features on plans, that the proposed project is designed to comply with the Berkeley Ener-gy Code (BMC Chapter 19.36) and Berkeley Green Code (BMC Chapter 19.37) including 

  1. solar PV system, 

  2. battery energy storage, 

  3. electric vehicle charging, and 

  4. low-carbon concrete requirements. 

  5. Note that for building permit submittal, quantitative values for appliance fuel efficiency must be included in relevant building permit architectural sheets, and window and door schedules, and on architectural, plumbing, and mechanical sheets, matching those values stipulated in prescriptive or performance energy compliance documents.

• NOTE: there are no reporting requirements for refrigerant HFC levels; there is an Ozone Depletion Ordinance, but no general mention of Chlorofluorocarbons (CFCs), Hydrochlorofluorocarbons (HCFCs), and Hydrofluorocarbons (HFCs)

• The developer must confirm that required labor standards, such as the prevailing wage, will be met, especially for larger residential projects (e.g., 50 or more units) approved under streamlining acts like AB 2011.

Phase 3: Completion and Occupancy

The final phase involves obtaining the Certificate of Occupancy (CO), or an equivalent form of readiness (like final inspection or notice of completion).

Key Requirements:

• Prior to the local government issuing the CO, if a hazardous substance release or the potential for significant health hazards was found on the site during the environmental review (Phase I or II assessment), the release or effects must be removed or mitigated to a level of insignificance.

• The CO signifies the final step before the units can be legally occupied by residents.