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Berkeley, CA Special Events & Permits: Sidewalk Dining & Cafés (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

New AUPs for sidewalk seating
No longer issued
Replacement permit
BMC Chapter 14.48
Unpermitted seating status
Prohibited encroachment
AUP termination triggers
Sale, closure, or noncompliance
Governing section
BMC 23.302.060

Summary

Berkeley has stopped issuing discretionary Administrative Use Permits for sidewalk cafe seating on the public right-of-way, requiring restaurants instead to obtain a streamlined permit under the sidewalks and streets chapter with fixed, identifiable standards.

It is the intent of the City to discontinue issuance of new and terminate existing AUPs for sidewalk cafe seating because the City did not intend to create a land use entitlement which ran with the land for this use, which occurs on the public right-of-way. ... After an AUP for sidewalk cafe seating is terminated, the sidewalk cafe seating may continue or resume only after the food service establishment obtains a permit under Municipal Code Chapter 14.48 (Miscellaneous Use of Streets and Sidewalks). Any sidewalk cafe seating that does not obtain required permits is a prohibited encroachment under Municipal Code Chapter 16.18 (Right-Of-Way Encroachments and Encroachment Permits).

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).

Full Breakdown

060 changed how the city handles cafe tables and chairs placed in the public right-of-way outside a restaurant's front door. The city expressly states it did not intend to create a land use entitlement running with the land for sidewalk seating, since the activity occurs on public property, so it discontinued issuing new Administrative Use Permits for sidewalk cafe seating and put a termination process in place for existing ones. 060(B), an existing AUP for sidewalk cafe seating terminates automatically, without any city action required, if the food service establishment it serves is abandoned, revoked, replaced with another use, or changes ownership.

410. 48, Miscellaneous Use of Streets and Sidewalks, which the city built to have specific, identifiable issuance standards rather than case-by-case discretion. 18, Right-of-Way Encroachments and Encroachment Permits. 070(E) and needs only a Zoning Certificate or AUP depending on whether it abuts a residential district.

Violations & Fines

Sidewalk cafe seating operated after an AUP has terminated, or without the Chapter 14.48 permit that must replace it, is a prohibited right-of-way encroachment under BMC Chapter 16.18. The city can pursue encroachment enforcement against tables, chairs, or barriers placed on the sidewalk without current authorization.

Frequently Asked Questions

Does Berkeley still issue AUPs for sidewalk cafe seating?
No. BMC 23.302.060 states the city discontinued issuing new Administrative Use Permits for sidewalk cafe seating and is terminating existing ones, replacing the process with a permit under Chapter 14.48.
What happens to sidewalk cafe seating when a Berkeley restaurant is sold?
The existing AUP terminates automatically under 23.302.060(B) upon transfer of ownership of the food service establishment, without any action required by the city; the new operator must obtain a Chapter 14.48 permit to continue seating.
What permit do I need for sidewalk cafe seating in Berkeley now?
A permit under Municipal Code Chapter 14.48, Miscellaneous Use of Streets and Sidewalks, obtained after any prior AUP for the same location has terminated per BMC 23.302.060(C).

Sources & Official References

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Sidewalk Dining & Cafés in Nearby Cities

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