Berkeley, CA · Alameda County
ADU Notice of Limitation Deed Restriction
A recorded declaration restricting short-term rental use of a new Accessory Dwelling Unit, required before Berkeley will issue the ADU building permit.
- California-licensed notary
- ~15 min average
- Notarized PDF emailed
What you’ll need
- Government-issued photo ID
- Webcam-enabled device (laptop or phone)
- This form, ready to upload as a PDF
What this form is
Berkeley conditions every Accessory Dwelling Unit building permit on recording a Declaration of Restrictions against the property, prohibiting the ADU's use as a short-term rental under Berkeley Municipal Code Chapter 23.314. The owner of record signs the declaration and it is recorded with the Alameda County Clerk-Recorder so future owners are on notice of the restriction.
Who needs it
Property owners in Berkeley building or permitting a new Accessory Dwelling Unit on their property.
Why it needs a notary
The form includes a California All-Purpose Acknowledgment under Civil Code §1189 and instructs the owner to have it notarized before recording it with the county.
How to get this notarized
- 1
Download the Form
Download Berkeley's ADU Notice of Limitation Deed Restriction form.
- 2
Fill in Property Details
Enter the building permit number, property address, and legal description/APN.
- 3
Book an Online Notary
Schedule a remote online notarization session with Rush Notary.
- 4
Verify ID and Sign on Video
Show valid photo ID and sign the declaration live in front of the online notary.
- 5
Record with the County
Deliver the notarized declaration to the Alameda County Clerk-Recorder for recording.
Preview the form
The blank PDF straight from Berkeley. Look it over, then upload your filled copy to start the notary session.
You’ll need ID and a webcam.
A licensed California online notary will join you on video, verify your government-issued ID, witness your signature, and apply their seal. You’ll receive the notarized PDF by email when the session ends.
Frequently asked questions
- How do I get my Berkeley ADU deed restriction notarized?
- Upload the completed declaration, verify your ID on camera, and sign before an online notary during a short video call, then download the notarized PDF for recording.
- Do I need a notary for a Berkeley ADU deed restriction?
- Yes. The form includes a California acknowledgment block and Berkeley requires it to be notarized before it can be recorded with the Alameda County Clerk-Recorder.
- Can an online notary in another state notarize a document for Alameda County recording?
- California accepts acknowledgments from notaries commissioned in other states under Civil Code §1189(b); check with the County Recorder if you are unsure whether they will accept it.
- When is this deed restriction required?
- Berkeley requires it as a condition of issuing the building permit for a new Accessory Dwelling Unit.
- What happens after notarization?
- Take the notarized declaration to the Alameda County Clerk-Recorder at 1106 Madison St., Room 101, Oakland, to be recorded against the property.