Guidelines for Filing an Appeal

To appeal a decision of the Zoning Adjustments Board, LPC Alteration or Demolition, or Subdivision Map:

1.   Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley; or by facsimile to (510) 981-6901.  The City Clerk’s telephone number is (510) 981-6900.

2.   Submit the required appeal fee (checks and money orders payable to “City of Berkeley”):

  1. The fee for persons other than the applicant is $500. This fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less.
  2. The fee for all appeals by Applicants is $2500.

3.   The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).

If no appeal is received, the permit will be issued on the first business day following expiration of the appeal period, and the project may proceed at that time.

To appeal an Administrative Use Permit decision: 

1.   Submit a letter clearly and concisely setting forth the grounds for the appeal to the Zoning Officer, at the Permit Service Center, 2120 Milvia Street, 1st Floor, Berkeley; or by facsimile to (510) 981-7420.  The Land Use Planning Division’s telephone number is (510) 981-7410.

2.   The appeal must be received prior to 4:00 p.m. on the last day of the appeal period shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).

3.   Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):

  1. The basic fee for appeals of a Zoning Officer decision to the Zoning Adjustments Board is $200.  This fee may be reduced to $75 if the appeal is signed by persons who lease or own at least 35 percent of the parcels or dwelling units within 300 feet of the project site, or at least 20 such persons (not including dependent children), whichever is less. 
  2. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
  3. The fee for all appeals by Applicants is $2500. 

If no appeal is received, the permit will be issued on the first business day following expiration of the appeal period, and the project may proceed at that time.

 

To appeal a Staff-Level Design Review decision:  

1.   Submit a letter clearly and concisely setting forth the grounds for the appeal to the Zoning Officer, at the Permit Service Center, 2120 Milvia Street, 1st Floor, Berkeley; or by facsimile to (510) 981-7420.  The Land Use Planning Division’s telephone number is (510) 981-7410.

2.   The appeal must be received prior to 4:00 p.m. on the last day of the appeal period shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).

3.   Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):

  1. The basic fee for appeals of a Zoning Officer decision to the Design Review Committee is $95. 
  2. The fee for an appeal by an applicant is $1734. 

If no appeal is received, the permit will be issued on the first business day following expiration of the appeal period, and the project may proceed at that time.