Berkeley, CA Special Events & Permits: Sidewalk Dining & Cafés (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).
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?
What happens to sidewalk cafe seating when a Berkeley restaurant is sold?
What permit do I need for sidewalk cafe seating in Berkeley now?
Sources & Official References
Other rules in Berkeley
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Sidewalk Dining & Cafés in Nearby Cities
How other cities in Alameda County handle sidewalk dining & cafés.