Berkeley · Land use · Emergency shelter
Where is an emergency shelter allowed in Berkeley?
In Berkeley, an emergency shelter is needs a permit in 17 (R-4, R-5, R-S, R-SMU, R-BMU and 12 more, all with a condition) and not allowed in 9 (Berkeley use tables, read October 2026).
Key points
- Needs a permit: R-4, R-5, R-S, R-SMU, R-BMU, C-C, C-U, C-N and 9 more
- Not allowed: R-1, ES-R, R-2, R-2A, R-3, M, MM, MU-LI and 1 more
Find your lot's zone on the city zoning map, then read its row. Every status below was read from the Berkeley Municipal Code use tables (read October 2026). Base zones only. General information, not legal advice — check with the city before you apply.
Zones where an emergency shelter can go
Berkeley's code calls this use “Emergency Shelter, 15 beds or fewer”. Each row links to the use table it comes from. A zone marked “see note” has a condition in the code, for example upper floors only or a larger lot.
| Zone | Status | Code |
|---|---|---|
| R-4 | Needs a zoning certificate — see note Note larger shelters: Emergency Shelter, more than 15 beds: UP(PH) (Use Permit). | § 23.202.020 |
| R-5 | Needs a zoning certificate — see note Note larger shelters: Emergency Shelter, more than 15 beds: UP(PH) (Use Permit). | § 23.202.020 |
| R-S | Needs a zoning certificate — see note Note larger shelters: Emergency Shelter, more than 15 beds: UP(PH) (Use Permit). | § 23.202.020 |
| R-SMU Residential Southside Mixed Use District | Needs a zoning certificate — see note Note larger shelters: Emergency Shelter, more than 15 beds: UP(PH) (Use Permit). | § 23.202.020 |
| R-BMU Residential BART Mixed Use District | Needs a zoning certificate — see note Note **: Required permits for specific uses are set forth in the R-BMU Master Development Permit (MDP). See 23.202.150.A and 23.202.150.D Note larger shelters: Emergency Shelter, more than 15 beds: UP(PH) (Use Permit). | § 23.202.020 |
| C-C | Needs a zoning certificate — see note Code row: “Emergency Shelter, 25 beds or fewer” Note larger shelters: Emergency Shelter, 26 to 60 beds: UP(PH); more than 60 beds: UP(PH) (UP(PH) = Use Permit, ZC = Zoning Certificate). | § 23.204.020 |
| C-U | Needs a zoning certificate — see note Code row: “Emergency Shelter, 25 beds or fewer” Note larger shelters: Emergency Shelter, 26 to 60 beds: UP(PH); more than 60 beds: UP(PH) (UP(PH) = Use Permit, ZC = Zoning Certificate). | § 23.204.020 |
| C-N | Needs a zoning certificate — see note Code row: “Emergency Shelter, 25 beds or fewer” Note larger shelters: Emergency Shelter, 26 to 60 beds: UP(PH); more than 60 beds: UP(PH) (UP(PH) = Use Permit, ZC = Zoning Certificate). | § 23.204.020 |
| C-E | Needs a zoning certificate — see note Code row: “Emergency Shelter, 25 beds or fewer” Note larger shelters: Emergency Shelter, 26 to 60 beds: UP(PH); more than 60 beds: UP(PH) (UP(PH) = Use Permit, ZC = Zoning Certificate). | § 23.204.020 |
| C-NS | Needs a zoning certificate — see note Code row: “Emergency Shelter, 25 beds or fewer” Note larger shelters: Emergency Shelter, 26 to 60 beds: UP(PH); more than 60 beds: UP(PH) (UP(PH) = Use Permit, ZC = Zoning Certificate). | § 23.204.020 |
| C-SA | Needs a zoning certificate — see note Code row: “Emergency Shelter, 25 beds or fewer” Note larger shelters: Emergency Shelter, 26 to 60 beds: UP(PH); more than 60 beds: UP(PH) (UP(PH) = Use Permit, ZC = Zoning Certificate). | § 23.204.020 |
| C-T | Needs a zoning certificate — see note Code row: “Emergency Shelter, 25 beds or fewer” Note larger shelters: Emergency Shelter, 26 to 60 beds: UP(PH); more than 60 beds: UP(PH) (UP(PH) = Use Permit, ZC = Zoning Certificate). | § 23.204.020 |
| C-SO | Needs a zoning certificate — see note Code row: “Emergency Shelter, 25 beds or fewer” Note larger shelters: Emergency Shelter, 26 to 60 beds: UP(PH); more than 60 beds: UP(PH) (UP(PH) = Use Permit, ZC = Zoning Certificate). | § 23.204.020 |
| C-DMU | Needs a zoning certificate — see note Code row: “Emergency Shelter, 25 beds or fewer” Note larger shelters: Emergency Shelter, 26 to 60 beds: ZC; more than 60 beds: UP(PH) (UP(PH) = Use Permit, ZC = Zoning Certificate). | § 23.204.020 |
| C-W | Needs a zoning certificate — see note Code row: “Emergency Shelter, 25 beds or fewer” Note larger shelters: Emergency Shelter, 26 to 60 beds: UP(PH); more than 60 beds: UP(PH) (UP(PH) = Use Permit, ZC = Zoning Certificate). | § 23.204.020 |
| C-AC | Needs a zoning certificate — see note Code row: “Emergency Shelter, 25 beds or fewer” Note larger shelters: Emergency Shelter, 26 to 60 beds: UP(PH); more than 60 beds: UP(PH) (UP(PH) = Use Permit, ZC = Zoning Certificate). | § 23.204.020 |
| MU-R | Needs an administrative use permit — see note Code row: “Emergency Shelter” Note --: -- = Permitted with an AUP, see 23.206.020(B) | § 23.206.020 |
Zones where it is not allowed
What else applies
- Standards for this use: Chapter 23.308 Emergency Shelters (named in the table; not in the packet).
- Residential: more than 15 beds is UP(PH) in R-4, R-5, R-S, R-SMU, R-BMU (NP elsewhere). Commercial: 26 to 60 beds UP(PH) (ZC in C-DMU); more than 60 beds UP(PH). "Low Barrier Navigation Center" and "Supportive Housing" are separate rows.
- State law: State law (Gov. Code § 65583, SB 2) requires every city to allow emergency shelters by right in at least one zone.
- Not covered here: Other zoning districts of Division 2 (e.g. mixed-use or special districts) whose tables are not in the packet. Overlay zones and specific plans can also change the answer.
Other uses in Berkeley
Who this affects
HomeownersBuyersReal estate agentsSmall developers
Frequently asked questions
Can I have an emergency shelter in the R-4 zone in Berkeley?
Only with a zoning certificate. Berkeley's use table lists it that way in R-4 (§ 23.202.020). The code adds a condition: “Emergency Shelter, more than 15 beds: UP(PH) (Use Permit).”
Can I have an emergency shelter in the R-1 zone in Berkeley?
No. Berkeley's use table does not allow it in R-1 (§ 23.202.020).
General information, not legal advice.
Ask about an emergency shelter at an address in Berkeley
Ask GoCodebook what the zoning at a specific address allows and get an answer that cites the section.
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