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.

What do Airbnb hosts actually earn in Berkeley Hills?

Berkeley Hills hosts earn a median $35,913/year with $161 ADR and 83% occupancy.

Top performers pull in $51,853+ per year.

See the full Berkeley Hills market breakdown

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.

Next step

Found a property in Berkeley Hills?

Paste any address and get estimated revenue, cash-on-cash return, and comparable STR performance in under 5 minutes. 3 free analyses per day.

Ask the AI Advisor about Berkeley Hills

Berkeley sits on the eastern shore of the San Francisco Bay in Alameda County, California, and is home to roughly 120,000 residents. It is best known as the site of the flagship campus of the University of California and carries a long-standing reputation for intellectual energy, progressive politics, and an unusually serious food culture. The city lies across the bay from San Francisco and is reached by BART in under thirty minutes from downtown SF, making it a common base for travelers who want Bay Area access without San Francisco lodging costs.

The University of California, Berkeley defines the city's identity, and its roughly 1,200-acre campus functions almost like a town center. The Campanile, officially Sather Tower, is the campus's most recognizable landmark and rises above the surrounding neighborhoods with views across the bay. Visitors can walk through Sproul Plaza, browse the university's botanical garden, or spend an afternoon at the Berkeley Art Museum and Pacific Film Archive, which is among the larger university art museums in the country.

Just uphill from campus, Tilden Regional Park covers more than two thousand acres in the Berkeley Hills and offers hiking, a small lake, a vintage steam train, and one of the best panoramas of the Golden Gate Bridge in the region. The main entrance is about a ten- to fifteen-minute drive from downtown Berkeley, and the ridgeline above the campus is also home to the Lawrence Hall of Science, a hands-on science center that draws families year-round.

The city's western edge opens onto the bay at the Berkeley Marina, a stretch of waterfront paths, working marinas, and a popular kite- and windsurfing area connected to a long bayside trail. From central Berkeley the marina is roughly a ten-minute drive, and on clear days the views stretch from the Golden Gate to the Bay Bridge.

South of the campus, Telegraph Avenue runs toward Oakland and is the city's most recognizable commercial strip, with bookstores, vintage shops, cafés, and a steady stream of street musicians. A short walk west leads to the neighborhood informally known as the Gourmet Ghetto, where Alice Waters opened Chez Panisse in 1971 and helped seed the city's enduring reputation for farm-to-table cooking.

Taken together, Berkeley offers short-term-rental guests a dense, walkable urban core, a major research university, hillside open space, and a bayfront, all within easy reach of San Francisco, Oakland, and the wider Bay Area. That mix of academic draw, food culture, and outdoor access has long made the city a steady year-round destination for visitors who want substance as well as scenery.