Can I run my business out of my home in Berkeley?

Hi There,

I'm moving my office to my home in Berkeley. Currently I share a commercial space in Emeryville. I'm a photographer and have set up my business up as a Sole Proprietor. When I checked in with the City of Berkeley I was told I need to speak with a City Planner to confirm that my business is okay to run out of my home. Is there someone who has gone through this process that can help me navigate it? 

Is there cause for concern that they will decide I can't be a sole proprietor out of my house?

Thanks!

Trying to save on rent in the bay area.

Parent Replies

New responses are no longer being accepted.

It is completely impossible to predict what they will do (speaking from experience). My advice is to go in very friendly, very polite. The system is nuts, but the folks in the Planning Dept. know how to thread a path through it, and if you behave in such a way that the person you are dealing with is on your side and will be your guide, it can be done! But you have to be ready to kiss some butt if the necessity arises. My magic phrase, uttered as often as necessary: "Hmm, I see. What do you suggest I do next?"

I did this years ago for my consulting business, which is set up as a sole proprietorship. In order to get my business license with Berkeley, I completed paperwork about the type of business, number of employees (if any), expected number of client visits per day, traffic, and parking. The city checked to see my residence was zoned for the type of business and posted one of those yellow poster notices about my plans for a home-based business on the utility poles within a certain distance of my home. They also mailed a notice to my proximate neighbors. Once I had the zoning/planning department's approval in hand, I was able to get my business license from the finance department. The longest part of the process was the period of time allowed for neighbors to object to my plans.

I don't think you have cause for concern unless you're old school and process film with chemicals. Otherwise, I don't imagine your clients will generate enough traffic to make your neighbors object to your home office.

The annual renewal process is quite simple, but it does seem to take a couple of months for the city to mail the renewed license and car decal to me after I submit my license fee. Best of luck with your move.

I moved from commercial space to a Berkeley home office several years ago.  The issue is not about being a sole proprietor (as opposed to a LLC or a corp.), but about whether you need to go through zoning to determine whether or not your business will have an impact on your neighbors.  Check out the CoB requirements for a "Low Impact Home Occupation", which last I knew was the easiest path if you qualify.

As far as I know, your best bet is to just get a City of Berkeley business license and pay the required annual fee. I wouldn't open the can of worms of talking to a city planner. It's not like you're opening a bakery with a store front.

I think many people work out of their homes. There may be rules about it, but seems like there is no way to enforce them. Even people who see clients (like music teachers and therapists) get away with it. If nobody is coming to your home and your business has no impact on your neighbors, seems like you can just run your office out of your home without worrying about it.