Berkeley Hills, California Short Term Rental Regulations Guide for Airbnb hosts

Overview: Are Short-Term Rentals Allowed in Berkeley Hills?

Yes, short-term rentals are allowed in Berkeley Hills, CA, but only under specific conditions and with proper registration. Berkeley Hills is located within the City of Berkeley's jurisdiction, so all short-term rental operations must comply with Berkeley Municipal Code (BMC) Section 23.314. The City explicitly allows STRs as long as they meet eligibility criteria, including being the host's primary residence, carrying adequate insurance, and obtaining proper registration and zoning certificates.

How to Start a Short-Term Rental Business in Berkeley Hills

Step 1: Determine Property Eligibility

Before proceeding, verify your property meets all eligibility requirements:

Primary Residence Requirement: The unit must be your primary residence
Ownership/Tenant Status: If you're a tenant, you need explicit approval from the property owner
Insurance Coverage: Maintain liability insurance of at least $1,000,000
Zoning Compliance: Your property must be located in an approved zone (see detailed zoning list below)

Step 2: Complete Registration Process

Access the online registration system at: Berkeley STR Application Portal
Submit the Short-Term Rental Zoning Certificate application
Pay the non-refundable application fee of $395.00 plus processing fees
Await approval and receive your zoning certificate number

Step 3: Ongoing Compliance

List your zoning certificate number on all advertisements
Collect and remit taxes monthly (12% Transient Occupancy Tax + 2% enforcement fee)
Notify adjacent property residents of your STR operation
Provide guests with required information materials

Required Documents, Permits, Licenses, and Guidelines

Required Documents for Registration

Proof of Ownership or Property Owner Approval (one of the following):

Deed
Signed Property Owner Agreement Form (PDF)
Property tax bill (original mailed copy, not internet copy)

Three Proofs of Residency Documents:

California driver's license or ID
Credit card bill
Property tax bill
Voter registration
Bank statement
Utility bill

Note: All residency documents must specify a unit number if applicable. For accessory dwelling units, a deed restriction copy demonstrating the unit is legal is also required.

Permits and Licenses Required

Short-Term Rental Zoning Certificate (Primary permit)
Transient Occupancy Tax Registration (for tax collection/remittance)
Liability Insurance ($1,000,000 minimum coverage)

Guidelines for Operations

Advertising Requirements: Must list zoning certificate number on all advertisements
Guest Notification: Provide guests with Short-Term Rental Guest Requirements (PDF) upon booking and arrival
Adjacent Property Notification: Inform residents of adjacent properties about STR operations

Specific Regulations for Short-Term Rentals

Berkeley Municipal Code (BMC) 23.314 - STR Ordinance

Allowed Property Types:

Dwelling units
Authorized Accessory Dwelling Units (ADUs)
Accessory buildings

Permitted Zoning Districts:

R-1, R-1A, R-2, R-2A, R-3, R-4, R-5, R-S, R-SMU
C-C, C-U, C-NS, C-SA, C-T, C-DMU, C-W
MUR (Mixed-Use Residential)
Including any of these zones within the Hillside (H) overlay

Prohibited Properties

Properties that cannot be used as STRs include:

Accessory Dwelling Units built after April 1, 2017
Accessory Dwelling Units used as long-term rentals since April 1, 2007
Below Market Rate (BMR) units
Units with no-fault evictions within the past five years
Properties not compliant with Berkeley Housing Code

Operational Restrictions

Occupancy Limits:

Maximum occupancy: Generally two people per bedroom
Guest count must comply with building and safety codes

Absentee Hosting Limits:

If not present during guest stays: Maximum 90 days per calendar year
No limit when host is present during guest stays

Extended Stay Protection:

Any STR guest staying 14 consecutive days or more may be subject to tenant protections under the Rent Stabilization and Eviction for Good Cause Ordinance (BMC Chapter 13.76)

Tax Requirements

Transient Occupancy Tax (TOT): 12% of rental charges
Enforcement Fee: 2% remitted monthly
Monthly filing and payment required through online tax portal

County and State Level Considerations

Alameda County: No additional STR-specific regulations beyond Berkeley city requirements.

California State Regulations:

Airbnb and similar platforms collect and remit TOT on behalf of hosts
State fire and safety codes apply to STR operations
No other state-level STR restrictions beyond local municipal codes

Contact Information for Local Authority

Planning Department Land Use Division (Zoning and Eligibility)

Phone: (510) 981-7410
Email: str@berkeleyca.gov
Purpose: Unit eligibility, application process questions

Finance Department Revenue Development Division (Taxes)

Phone: (510) 981-7318
Email: revdev@berkeleyca.gov
Purpose: Tax questions, TOT remittance

24-Hour STR Compliance Line

Phone: (833) 300-0787
Purpose: Report unpermitted STRs, nuisance complaints

Online Resources

STR Registration Portal: https://aca.cityofberkeley.info/str/Welcome.aspx
Tax Filing/Payment: https://secure.hostcompliance.com/berkeley-ca/tot
Look up STR Permits: Online Permits Portal

Source Pages and Links

Primary Official Sources

Forms and Documents

Berkeley Hills Specific Tools

Berkeley Parcel Information Lookup Tool (For checking zoning and overlay designations)

This comprehensive guide provides all essential information for operating a compliant short-term rental business in Berkeley Hills, CA. Always verify current regulations as municipal codes may be updated, and consider consulting with local legal or real estate professionals for complex situations.

Berkeley, California, is a vibrant city renowned for its rich cultural and academic landscape. Located in the San Francisco Bay Area, it has a population of approximately 123,000 residents. Berkeley is situated about 12 miles northeast of San Francisco, making it a convenient location for those looking to explore the Bay Area.

Berkeley is home to the prestigious University of California, Berkeley, which serves as a central landmark and draws a diverse mix of students, academics, and visitors to the area. The UC Berkeley campus is not only an educational hub but also features several attractions, such as the Campanile (Sather Tower), offering panoramic views of the Bay Area.

The city's appeal for short-term rentals is bolstered by its range of notable landmarks and vibrant neighborhoods. The Berkeley Marina offers stunning views of San Francisco and the Golden Gate Bridge, along with recreational activities like kayaking and sailing. Berkeley's downtown area is a bustling center with theaters, such as the Berkeley Repertory Theatre, and a variety of dining and shopping options.

Additionally, Tilden Regional Park provides extensive hiking and outdoor activities, making it a prime attraction for nature enthusiasts. For those interested in botanical wonders, the UC Botanical Garden features a vast collection of plants from around the world.

Berkeley's proximity to major transit routes and its well-established public transportation system, including BART (Bay Area Rapid Transit), make it particularly appealing for short-term visitors who wish to explore both the city and the broader Bay Area. Whether for business, academic pursuits, or leisure, Berkeley's diverse attractions and convenient location make it an appealing destination for short-term rentals.

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