ORDINANCE NO. 7,191–N.S. ZONING ORDINANCE ... No. 7,191-N.S. Page 3 of 73 incidental to food service at quick and full service restaurants only Alcoholic Beverage Service, including

Ordinance No. 7,191-N.S. Page 1 of 73

ORDINANCE NO. 7,191–N.S.

ZONING ORDINANCE AMENDMENTS TO TITLE 23 OF THE BERKELEY MUNICIPAL CODE TO LOWER THE PERMIT REVIEW REQUIREMENTS FOR CERTAIN BUSINESS ACTIVITIES, INCLUDING BEER AND WINE WITH FOOD SERVICE, RESTAURANTS, DEPARTMENT STORES, BANKS, VIDEO/DVD RENTAL, DANCE/EXERCISE STUDIOS, GYMS, GROUP CLASS INSTRUCTION, INCIDENTAL FOOD AND BEVERAGE FOR IMMEDIATE CONSUMPTION, INCIDENTAL LIVE ENTERTAINMENT, EVENING HOURS OF OPERATION, AND OFFICES ON THE GROUND FLOOR; TO SUSPEND THE QUOTA IN THE C-SO FOR FOUR YEARS; TO ALLOW THE C-NS QUOTA LIMITS TO BE EXCEEDED WITH A USE PERMIT; AND TO MODIFY THE ASHBY NODE BE IT ORDAINED by the Council of the City of Berkeley as follows: Section 1. That Berkeley Municipal Code Section 23E.36.030 is amended to read as follows: 23E.36.030 Uses Permitted A. The following table sets forth the Permits required for each listed item. Each use or

structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH)) or is Prohibited.

Table 23E.36.030

Use and Required Permits

Use Classification Special Requirements (if any)

Retail Sales

All Retail Sales Uses, except those listed below

ZC * As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores)

Alcoholic Beverage Retail Sales including Liquor Stores and Wine Shops

UP(PH) Includes sale for off-site consumption at restaurants

Prohibited within the University Avenue Strategic Plan Overlay (unless in conjunction with a restaurant or general food product store)

rcjohnson

Typewritten Text

01


Department Stores ZC*

Firearm/Munitions Businesses

UP(PH) Prohibited on any property devoted to residential use

Pawn Shops, including Auction Houses

UP(PH) Prohibited within the University Avenue Strategic Plan Overlay

Pet Stores, including Sales and Grooming of Animals (but not Boarding)

UP(PH)

Smoke Shops UP(PH) Prohibited if within 1,400 feet of a school or public park

Personal and Household Services

All Personal and Household Services, except those listed below

ZC* As defined in Sub-title F, except those otherwise listed (does not include Massage)

Laundromats AUP**

Veterinary Clinics, including Pet Hospitals

UP(PH)

Offices

Financial Services, Retail (Banks)

AUP**

Insurance Agents, Title Companies, Real Estate Agents, Travel Agents

ZC*

Medical Practitioners, including Holistic Health and Mental Health Practitioners

ZC* Subject to parking requirements; see Table 23E.36.080

Other Professionals, and Government, Institutions, Utilities

ZC*

Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses

Adult-oriented Businesses UP(PH) Subject to additional requirements; see Section 23E.16.030

Alcoholic Beverage Service of beer and wine

AUP For on-site consumption


incidental to food service at quick and full service restaurants

only

Alcoholic Beverage Service, including Bars, Cocktail Lounges, and Taverns

UP(PH) Includes service of distilled spirits incidental to food service

Amusement Device Arcades

UP(PH) Subject to additional requirements; see Section 23.E.16.050

Commercial Recreation Center

UP(PH)

Dance, Exercise, Martial Arts and Music Studios

ZC*

Entertainment Establishments, including Nightclubs

UP(PH)

Food Service Establishments:

Carry Out Food Service Stores

Under 1,500 s.f.

AUP**

ZC

Prohibited at any location on University Avenue between Oxford Street and Martin Luther King Jr. Way until a Downtown Retail Plan is adopted by the City Council

Quick Service Restaurants Under 1,500 s.f.

AUP** ZC

Subject to parking requirements; see Section 23E.36.080.

Full Service Restaurants

Under 1,500 s.f.

AUP**

ZC

Subject to parking requirements; see Section 23E.36.080.

Group Class Instruction for Business, Vocational or Other Purposes

ZC*

Gyms and Health Clubs

Under 7,500 s.f.

AUP**

ZC*

Hotels, Tourist, including Inns, Bed and Breakfasts and Hostels

UP(PH) Subject to parking requirements; see Section 23E.36.080

Motels, Tourist UP(PH) Subject to parking


requirements; see Section 23E.36.080

Theaters, including Motion Pictures and Stage Performance

UP(PH)

Automobile and Other Vehicle Oriented Uses

Automobile Parts Stores ZC* Excluding service of auto parts. Prohibited within the University Avenue Strategic Plan Overlay

Automobile Repair and Service, including Parts Service

AUP** Prohibited within the University Avenue Strategic Plan Overlay

Automobile Sales and Rentals

AUP** Prohibited within the University Avenue Strategic Plan Overlay

Automobile Washes, Mechanical or Self-Service


Automobile Wrecking Establishments

Prohibited

Gasoline/Automobile Fuel Stations

UP(PH)

Motorcycle Stores, including Sales and/or Service

UP(PH) Prohibited within University Avenue Strategic Plan Overlay

Recreational Vehicle and Trailers Sales and Rental, including Boats

AUP** Prohibited within University Avenue Strategic Plan Overlay

Tire Sales/Service Stores UP(PH) Prohibited within University Avenue Strategic Plan Overlay

Parking, Outdoor and Exterior Service Window Uses

Automatic Teller Machines AUP Exterior and when part of a Retail Financial Service

Drive-in Uses UP(PH) Providing service to customers in their cars. See definition in Sub-title F. Prohibited within University Avenue


Strategic Plan Overlay

Activities or Storage outside of a building

Not abutting R-District AUP

When abutting R-District UP(PH)

Parking Lots:

Five or fewer Off-street Parking Spaces

ZC

More than five Off-street Parking Spaces

UP(PH)

Recycling Redemption Centers

AUP

Sidewalk Cafe Seating AUP Subject to additional requirements; see Chapter 23E.24

Combination Commercial/Residential Uses

Live/Work Units

Not requiring a UP under Chapter 23E.20

ZC

Requiring a UP under Chapter 23E.20

UP(PH)

Mixed Use Developments (Residential/Commercial)

UP(PH) Subject to Sections 23E.36.070.D and 23E.36.080.D. Within the University Avenue Strategic Plan Overlay areas, the following uses are not allowed on the ground floor of a Mixed Use building unless a Use Permit is issued pursuant to Sections 23E.36.090.A and B: residential units and uses (other than parking) which serve the residential uses, e.g. leasing and management of the building.


Uses Incidental to a Permitted Use

Amusement Devices (up to three)

AUP

Food or Beverage for Immediate Consumption

ZC

Live Entertainment

Unamplified

Amplified

ZC

AUP

Manufacturing Uses AUP

Storage of Goods (over 25% of gross floor area)

AUP

Wholesale Activities AUP

Uses Permitted in Residential Districts

Accessory Uses and Structures

Per R-3 District See Table 23D.36.030

Child Care Centers UP(PH)

Clubs, Lodges UP(PH)

Community Centers UP(PH)

Dwelling Units, subject to R-3 Standards

UP(PH) Standards may be modified under Section 23E.36.070.E. Residential-only projects are prohibited within the University Avenue Node Overlay areas, and permitted within University Avenue Overlay Mixed Use areas.

Group Living Accommodations subject to R-3 Standards

UP(PH) Standards may be modified under Section 23E.36.070.E

Hospitals UP(PH) Subject to parking requirements; see Section 23E.36.080.C

Hotels, Residential, including Single Room Occupancy (SRO) Hotels

UP(PH)

Libraries UP(PH) Subject to parking requirements; see Section


23E.36.080

Nursing Homes UP(PH) Subject to parking requirements; see Section 23E.36.080

Parks and Playgrounds ZC

Public Safety and Emergency Services

UP(PH)

Religious Assembly Uses UP(PH)

Schools, Public or Private UP(PH)

Senior Congregate Housing

Six or fewer people

Seven or more persons

New Construction

ZC

AUP

UP(PH)

Changes of Use from an existing dwelling unit

Miscellaneous Uses

Automatic Teller Machines UP(PH) When not a part of a Retail Financial Service

Cafeteria, Employee or Residential

UP(PH)

Cemeteries, Crematories, Mausoleums

Prohibited

Columbaria AUP Allowed with a ZC if incidental to a Community and Institutional Use, limited to 400 niches, no more than 5% of the subject property area, and located within the main building.

Circus or Carnival UP(PH)

Commercial Excavation UP(PH) Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas

Dry Cleaning and Laundry Plants

UP(PH)

Kennels or Pet Boarding Prohibited


Laboratories, Testing AUP**

Mortuaries UP(PH)

Public Utility Substations, Tanks

UP(PH)

Radio, Television, or Audio/Sound Recording and/or Broadcast Studios

UP(PH)

Warehouses or Storage including Mini-storage Warehouses


Wireless Telecommunications Facilities

Microcell Facilities, Modifications to Existing Sites, and Additions to Existing Sites When the Site Is Not Adjacent to a Residential District

AUP Subject to the requirements of Section 23C.17.100

All Other Telecommunication Facilities

UP(PH) Subject to the requirements and findings of Section 23C.17.100

Legend:

ZC -- Zoning Certificate

AUP -- Administrative Use Permit

UP(PH) -- Use Permit, public hearing required

Prohibited -- Use not permitted

*Change of Use of floor area between 3,000 and 5,000 sq. ft. shall require an AUP; over 5,000 sq. ft. shall require a UP(PH)

**Change of Use of floor area over 5,000 sq. ft. shall require a UP(PH)

B. Any use not listed that is compatible with the purposes of the C-1 District shall be

permitted subject to securing an Administrative Use Permit. Any use that is not compatible with the purposes of the C-1 District shall be prohibited.

C. The initial establishment or change of use of floor area of an existing non-residential

building, or portion of building, shall be subject to the permit requirements as listed in the legend of Table 23E.36.030.


Section 2. That Berkeley Municipal Code Section 23E.36.060.A is amended to read as follows: 23E.36.060 Use Limitations* A. No commercial use shall operate except between the hours of 7:00 a.m. to 12:00

midnight, except as authorized by an Administrative Use Permit, and in accordance with Section 23E.16.010.

Section 3. That Berkeley Municipal Code Section 23E.40.030 is amended to read as follows: 23E.40.030 Uses Permitted A. The following table sets forth the Permits required for each listed item. Each use or


Table 23E.40.030


Use

Classification

Special Requirements (if any)

Retail Sales


ZC * As defined in Sub-title F, except otherwise listed. (Does not include Video Rental Stores)

Alcoholic Beverage Retail Sales including liquor stores and wine shops


Department Stores

Over 3,000 s.f.

AUP

Prohibited




Prohibited


UP(PH)






Laundromats UP(PH)


UP(PH)

Offices


UP(PH)


ZC* When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area

Medical Practitioners including Holistic Health and Mental Health Practitioners

AUP** Subject to additional parking requirements under Section 23E.40.080.B

Other Professionals and Government, Institutions, Utilities

AUP** When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area

Food and Alcohol Service, Lodging, Entertainment and Assembly Uses

Adult-oriented Businesses Prohibited

Alcoholic Beverage Service of beer and wine incidental to food service at quick and full service restaurants

AUP For on-site consumption only

Alcoholic Beverage Service, including Bars, Cocktail Lounges and Taverns



Amusement Device Arcades Prohibited


UP(PH)


ZC*

Entertainment Establishments

UP(PH) Includes Nightclubs



Under 1,000 s.f.

AUP**

ZC

Quick Service Restaurants

Under 1,000 s.f.

AUP**

ZC

Subject to additional parking requirements under Section 23E.40.080.B


Under 1,000 s.f.

AUP**

ZC


AUP**

Gyms and Health Clubs ZC*

Hotels, Tourist UP(PH) Includes Inns, Bed and Breakfasts and Hostels

Motels, Tourist Prohibited

Theaters UP(PH) Includes Motion Pictures and Stage Performance


Automobile Parts Stores ZC* Excluding service of auto parts

Automobile Repair and Service

Prohibited Includes Parts Service


Prohibited


Prohibited


Prohibited



UP(PH)

Motorcycle Stores Prohibited Includes Sales and/or Service

Recreational Vehicle and Trailers Sales and Rental

Prohibited Includes Boats

Tire Sales/Service Stores Prohibited


Activities or Storage Outside of a building



Automatic Teller Machines UP(PH) Exterior and when part of a Retail Financial Service

Drive-in Uses Prohibited Providing service to customers in their cars. See definition in Sub-title F

Parking Lots UP(PH)


AUP

Sidewalk Cafe Seating AUP Subject to additional requirements; see Section 23E.24


Live/Work Units


ZC


UP(PH)


UP(PH) Subject to the standards under Section 23E.40.070.D



UP(PH)


AUP


Live Entertainment Unamplified

Amplified

ZC

UP(PH)

Manufacturing Uses UP(PH)


AUP

Wholesale Activities UP(PH)







Dwelling Units, subject to R-3

U P (PH) Standards may be modified under Section

Standards UP(PH) 23E.40.070.E

Group Living Accommodations subject to R-3 Standards


Hospitals Prohibited


UP(PH)

Libraries UP(PH) Subject to parking requirements; see Section 23E.40.080.B

Nursing Homes UP(PH) Subject to parking requirements; see Section 23E.40.080.B



UP(PH)




Senior Congregate Housing Six or fewer persons


New Construction

ZC

AUP

UP(PH)


Miscellaneous Uses



UP(PH)


Prohibited





Prohibited


Laboratories, Testing Prohibited

Mortuaries Prohibited


UP(PH)

Radio, Television or Audio/Sound Recording and/or Broadcast Studios

UP(PH)


Prohibited

Wireless


Telecommunications Facilities


AUP Subject to the requirements of Section 23C.17.100


UP(PH) Subject to the requirements of Section 23C.17.100

Legend:







B. Any Use not listed that is compatible with the purposes of the C-N District shall be

permitted subject to securing a Use Permit. Any use that is not compatible with the purposes of the C-N District shall be prohibited.

C. The initial establishment, or change, of use of floor area of an existing non-residential building, or portion of building, shall be subject to the Permit requirements as listed in the legend of Table 23E.40.030.

Section 4. That Berkeley Municipal Code Section 23E.40.060.A is amended to read as follows:

23E.40.060 Use Limitations* A. No Commercial Use shall operate except between the hours of 7:00 a.m. to 11:00

p.m., unless a Use Permit is obtained and is in accordance with Section 23E.16.010. Section 5. That Berkeley Municipal Code Section 23E.44.030 is amended to read as follows: 23E.44.030 Uses Permitted A. The following table sets forth the Permits required for each listed item. Each use or

structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use


Permit (AUP), a Use Permit approved after a public hearing (UP(PH)) or is Prohibited.

Table 23E.44.030



Retail Sales


ZC * As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores). Also subject to numerical limitations listed in Table 23E.44.040

Alcoholic Beverage Retail Sales, including liquor stores and wine shops


Department Stores

Over 3,000 s.f.

ZC*

Prohibited



Pawn Shops, including Auction

Houses

Prohibited

Pet Stores, including Sales and Grooming of Animals

UP(PH) Does not include boarding of animals

Smoke Shops

UP(PH) Prohibited if within 1,400 feet of a school or public park


All Personal/Household Services, except those listed below

ZC* As defined in Sub-title F, except those otherwise listed (does not include Massage). Also subject to numerical limitations listed in Table 23E.44.040

Laundromats UP(PH)

Veterinary Clinics, including UP(PH)


Pet Hospitals

Video Tape/Disk Rental Stores

AUP**

Offices


UP(PH) Also subject to numerical limitations listed in Table 23E.44.040


ZC* When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.

Medical Practitioners Prohibited Including Holistic Health and Mental Health Practitioners


AUP** When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.



Alcoholic Beverage Service

UP(PH) Service of alcoholic beverages allowed only as incidental to food service in Food Service Establishments





UP(PH)


AUP**



Prohibited


Also subject to numerical limitations listed in Table 23E.44.040


AUP**

Quick Service Restaurants AUP**

Full Service Restaurants AUP**


AUP**

Gyms and Health Clubs AUP**


UP(PH)


Theaters UP(PH) Including Motion Pictures and Stage Performance




Prohibited


Prohibited


Prohibited


Prohibited


Prohibited


Prohibited

Recreational Vehicle and Prohibited


Trailers Sales and Rental, including Boats






Automatic Teller Machines (exterior and when part of a Retail Financial Service)

UP(PH) Limit of 2 per establishment per Table 23E.44.040

Drive-in Uses Prohibited Providing service to customers in their cars. See definition in Sub-title F

Parking Lots UP(PH)


AUP



Live/Work Units


ZC


UP(PH)


UP(PH) Subject to the standards under Section 23E.44.070.E



UP(PH)


UP(PH) Treated as Food Service Establishment and subject to numerical limitations in Table 23E.44.040

Live Entertainment

Unamplified

ZC


Amplified Prohibited

Manufacturing Uses UP(PH)


AUP

Wholesale Activities UP(PH)








UP(PH) Standards may be modified under Section 23E.44.070.F

Group Living Accommodations, subject to R-3 Standards




UP(PH)

Libraries UP(PH) Subject to parking requirements under Section 23E.44.080

Nursing Homes UP(PH) Subject to parking requirements under Section 23E.44.080



UP(PH)



Senior Congregate Housing Six or fewer persons


New Construction

ZC

AUP

UP(PH)


Miscellaneous Uses


Automatic Teller Machines Prohibited When not a part of a Retail Financial Service


UP(PH)


Prohibited





Prohibited





UP(PH)


UP(PH)


Prohibited


Microcell Facilities, Modifications to Existing Sites, and Additions to Existing Sites When the Site Is Not Adjacent to a

AUP Subject to the requirements and findings of Section 23C.17.100


Residential District



Legend:







B. Any Use not listed that is compatible with the purposes of the C-E District shall be

permitted subject to securing a Use Permit. Any Use that is not compatible with the purposes of the C-E District shall be prohibited.

C. The initial establishment, or change, of use of floor area of an existing non-residential building, or portion of building, shall be subject to the following permit requirements as listed in the legend of Table 23E.44.030

Section 6. That Berkeley Municipal Code Section 23E.44.040 is amended to read as follows: 23E.44.040 Special Provisions -- Numerical Limitations A. Uses subject to numerical limitations, as set forth in Table 23E.44.040 shall also be

subject to the requirements of Section 23E.44.030. No such limitation may be exceeded unless the Board issues a Use Permit and makes the findings under Section 23E.44.090.C. (Ord. 6478-NS § 4 (part), 1999)

Table 23E.44.040

Numerical Limitations

Use Number limit Size (sq. ft.) Type of Permit

Art/Craft Shops, Gift/Novelty Shops, Jewelry/Watch Shops

12 * 1,500 Zoning Certificate

Barber/Beauty Shops, including Manicure and other Personal

7 None Zoning Certificate


Care

Bookstores, Periodical Stands

4 2,000 Zoning Certificate

Clothing Stores, including Hats, Shoes and Accessories

10 None Zoning Certificate

Financial Services, Retail **

2 None Use Permit


Carry Out Food Service

3 1,000 AUP


7 1,000 AUP


7 None AUP

Photocopy Stores, Printing, Fax, Magnetic Disk Reproduction Services

2 1,000 Zoning Certificate

*Total

**Shall have no more than 2 Automatic Teller Machines

Section 7. That Berkeley Municipal Code Section 23E.44.060.A is amended to read as follows: 23E.44.060 Use Limitations* A. No Commercial Use shall operate except between the hours of 7:00 a.m. to 11:00

p.m., unless a Use Permit is obtained and is in accordance with Section 23E.16.010. Section 8. That Berkeley Municipal Code Section 23E.48.030 is amended to read as follows:

23E.48.030 Uses Permitted A. The following table sets forth the Permits required for each listed item. Each use or



Table 23E.48.030



Retail Sales


ZC * As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores). Also subject to numerical limitations listed in Table 23E.48.040



Department Stores

Over 3,000 s.f.

ZC*

Prohibited




Prohibited


UP(PH)

Smoke Shops UP (PH) Prohibited if within 1,400 feet of a school or public park




Laundromats UP(PH)


UP(PH)

Offices


UP(PH)

Insurance Agents, Title ZC* When located on the ground


Companies, Real Estate Agents, Travel Agents

floor adjacent to street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.

Medical Practitioners UP(PH) Including Holistic Health and Mental Health Practitioners. Subject to parking requirements; see Table 23E.48.080


AUP** When located on the ground floor adjacent to street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.





Alcoholic Beverage Service (no Bars, Cocktail Lounges, or Taverns allowed)

UP(PH) Service of distilled alcoholic beverages may be approved only for Full Service Restaurants



UP(PH)


AUP**


UP(PH)





Under 1,000 s.f.

AUP** ZC


Under 1,000 s.f.

AUP**

ZC

Subject to parking requirements; see Section 23E.48.080


Under 1,000 s.f.

AUP**

ZC


AUP** When located on the ground floor adjacent to street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area; not to exceed 2,500 sq. ft.



UP(PH)



Prohibited




Prohibited


Prohibited


Prohibited


Prohibited


UP(PH)



Prohibited


Prohibited






Automatic Teller Machines

AUP Exterior and when part of a Retail Financial Service

Drive-in Uses

UP(PH) Providing service to customers in their cars. See definition in Sub-title F

Parking Lots UP(PH)


AUP

Sidewalk Cafe Seating AUP

Subject to additional requirements; see Chapter 23E.24


Live/Work Units


ZC


UP(PH)


UP(PH)

Subject to the standards under Sections 23E.48.070.E and 23E.48.080.D



UP(PH)

Food or Beverage for UP(PH)


Immediate Consumption

Live Entertainment

Unamplified

Amplified

ZC

UP(PH)

Manufacturing Uses Prohibited


AUP

Wholesale Activities Prohibited





Clubs, Lodges Prohibited



UP(PH) Subject to the standards under Section 23E.48.070.F


UP(PH) Subject to the standards under Section 23E.48.070.F



UP(PH)

Libraries UP(PH) Subject to parking requirements; see Section 23E.48.080




UP(PH)




Six or fewer persons

ZC

Change of Use from an existing dwelling unit


Seven or more persons New Construction

AUP UP(PH)

Miscellaneous Uses



UP(PH)


Prohibited



Commercial Excavations UP(PH) Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas


UP(PH)





UP(PH)


UP(PH)


Prohibited


Microcell Facilities,



Modifications to Existing Sites, and Additions to Existing Sites When the Site Is Not Adjacent to a Residential District



Legend:





* Change of Use of floor area between 2,000 and 3,000 sq. ft. shall require an AUP; over 3,000 sq. ft. shall require a UP(PH)

** Change of Use of floor area over 3,000 sq. ft. shall require a UP(PH)

B. Any use not listed that is compatible with the purposes of the C-NS District shall be

permitted subject to securing a Use Permit. Any Use that is not compatible with the purposes of the C-NS District shall be prohibited.


building, or portion of building, shall be subject to the Permit requirements as listed in the legend of Table 23E.48.030.

Section 9. That Berkeley Municipal Code Section 23E.48.040 is amended to read as follows: 23E.48.040 Special Provisions -- Numerical Limitations A. The following uses shall be subject to numerical limitations, set forth below. Such

limitations may be exceeded if the Board issues a Use Permit and makes the findings under Section 23E.48.090.C.

Table 23E.48.040


Use Number limit Type of Permit

Clothing Stores, including Hats, Shoes and Accessories

20 Zoning Certificate


Food Product Stores -- Specialized, including Bakeries

12 Zoning Certificate

Food Service Establishments

27 AUP

Section 10. That Berkeley Municipal Code Section 23E.48.060.A is amended to read as follows: 23E.48.060 Use Limitations* A. No commercial use shall operate except between the hours of 7:00 a.m. to 11:00

p.m., unless a Use Permit is obtained and is in accordance with Section 23E.16.010. Section 11. That Berkeley Municipal Code Section 23E.48.090 is amended to read as follows: 23E.48.090 Findings A. In order to approve any Use Permit under this chapter, the Zoning Officer or Board must make the finding required by Section 23B.32.040. The Zoning Officer or Board must also make the findings required by the following paragraphs of this section to the extent applicable: B. A proposed use or structure must:

1. Be compatible in design and character with the commercial district and the adjacent residential neighborhoods;

2. Be compatible with the purposes and the existing character of the district. In

addition, such action and its effects will not: 3. Interfere with the continuity of retail or compatible service facilities at the ground

level; 4. Exceed the amount and intensity of use that can be served by available traffic

capacity and potential parking supply; 5. Result in domination of this district by one type of use in one block or small area

of the district. (Ord. 6478-NS § 4 (part), 1999)


C. In order to approve a Use Permit under Section 23E.48.040.A to exceed a numerical limitation for a use, the following findings must be made:

1. The exception will result in the enhancement of the purposes of the District, as

evidenced by neighborhood resident and merchant support; and 2. Marketing surveys or other information indicate probable substantial patronage

by surrounding residents. Section 12. That Berkeley Municipal Code Section 23E.52.030 is amended to read as follows: 23E.52.030 Uses Permitted A. The following table sets forth the Permits required for each listed item. Each use or


Table 23E.52.030



Retail Sales





No sales of distilled alcoholic beverages are allowed along Adeline Street south of Ashby Avenue

Department Stores

Over 3,000 s.f.

ZC*

UP(PH)



Pawn Shops Prohibited Including Auction Houses

Pet Stores UP(PH) Including Sales and


Grooming of Animals (but not Boarding)





Laundromats AUP**

Veterinary Clinics UP(PH) Including Pet Hospitals

Offices

Check Cashing Stores UP(PH)


ZC* Not including Check Cashing stores


ZC*


ZC* Subject to parking requirements; see Table 23E.52.080


ZC*




AUP For on- site consumption only



No service of distilled alcoholic beverages is allowed along Adeline Street south of Ashby Avenue, except as incidental to meals


in Full Service Restaurants only

Amusement Device Arcades UP(PH) Subject to additional requirements; see Section 23E.16.050


UP(PH)


ZC*


UP(PH) Including Nightclubs



Under 1,000 s.f.

AUP**

ZC


Under 1,000 s.f.

AUP**

ZC

Subject to parking requirements; see Table 23E.52.080


Under 1,000 s.f.

AUP**

ZC


ZC*

Gyms and Health Clubs ZC*

Hotels, Tourist UP(PH) Including Inns, Bed and Breakfasts and Hostels


Theaters UP(PH) Including Motion Pictures and Stage Performance




Prohibited


Prohibited



Prohibited


Prohibited


UP(PH)


Prohibited


Prohibited Including Boats







Drive-in Uses UP(PH) Which provide service to customers in their cars; see definition in Sub-title 23F

Parking Lots, Parking Structures

UP(PH)


AUP



Live/Work Units UP(PH) Subject to the standards of Chapter 23E.20

Mixed Use Developments:

(Residential/Commercial) of less than 5,000 sq. ft.

ZC Subject to the standards of Section 23E.52.070.D.1-6

(Residential/Commercial) of 5,000 sq. or more

UP(PH) Subject to the standards of Section 23E.52.070.D.7




UP(PH)


ZC

Live Entertainment

Unamplified

Amplified

ZC

AUP



AUP











UP(PH) Standards may be modified under 23E.52.070.E



UP(PH)





UP(PH)





Six or fewer people

Seven or more people

New construction

ZC

AUP

UP(PH)

Change of use from an existing dwelling unit

Miscellaneous Uses



UP(PH)


Prohibited





Prohibited





UP(PH)


UP(PH)

Warehouses or Storage, including Mini-storage

Prohibited


Warehouses






Legend:







B. Any use not listed that is compatible with the purposes of the C-SA District shall be

permitted subject to securing a Use Permit. Any use that is not compatible with the purposes of the C-SA District shall be prohibited.



Section 13. That Berkeley Municipal Code Section 23E.56.030 is amended to read as follows: 23E.56.030 Uses Permitted A. The following table sets forth the permits required for each listed item. Each use or

structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH)), or is Prohibited.

Table 23E.56.030




Retail Sales


ZC As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores)


Prohibited Includes sale for off-site consumption at restaurants

Department Stores

Over 3,000 s.f.

ZC

UP(PH)

Drug Paraphernalia (any use involving the sale or distribution thereof)

Prohibited As defined in California Health and Safety Code Section 11364.5(d)



Pawn Shops Prohibited Including Auction Houses

Pet Stores UP(PH) Including Sales and Grooming of Animals (but not Boarding)




ZC As defined in Sub-title F, except those otherwise listed (does not include Massage). Also subject to numerical limitations listed in Table 23E.56.040

Laundromats AUP*


Offices


AUP*

Insurance Agents, Title Companies, Real Estate

ZC When located on the ground floor adjacent to street


Agents, Travel Agents frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.


AUP When located on the ground floor adjacent to street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.

Subject to parking requirements under Section 23E.56.080


AUP When located on the ground floor adjacent to street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.




AUP For on- site consumption only


UP(PH) Service of distilled alcoholic beverages may be approved for full service restaurants only



AUP*


ZC

Entertainment UP(PH) Including Nightclubs


Establishments




Under 1,500 s.f.

AUP*

ZC


Over 1,500 s.f.

ZC

Prohibited



Under 1,500 s.f.

AUP*

ZC


ZC Not allowed on ground floor adjacent to street frontage

Gyms and Health Clubs ZC





UP(PH) Prohibited on the ground floor adjacent to street frontage


Automobile Parts Stores ZC Excluding service of auto parts


Prohibited


Prohibited


Prohibited


Prohibited

Automobile/Motorcycle Parts Service

UP(PH)


Prohibited Except when located in a parking structure


Motorcycle Stores Prohibited Including Sales and/or Service


Prohibited




Not abutting R-District AUP*


Automatic Teller Machines AUP* Exterior and when part of a Retail Financial Service

Drive-in Uses Prohibited Which provide service to customers in their cars. See definition in Sub-title 23F

Parking Lots, Parking Structures

UP(PH)


AUP*

Sidewalk Cafe Seating AUP* Subject to additional requirements; see Chapter 23E.24


Live/Work Units


ZC


UP(PH)


UP(PH) Subject to Section 23E.56.070.D


Amusement Devices (up to 3)

AUP*


AUP* Treated as a food service establishment and subject to numerical limitations in Table


23E.56.040

Live Entertainment

Unamplified

Amplified

ZC

AUP*

Manufacturing Uses AUP*


AUP*

Wholesale Activities AUP*








UP(PH) Allowed above the ground floor only. Standards may be modified under Section 23E.56.070.E


UP(PH) Allowed above the ground floor only. Standards may be modified under Section 23E.56.070.E



UP(PH)





UP(PH)







New Construction

ZC

AUP*

UP(PH)


Miscellaneous Uses



UP(PH)


Prohibited





Prohibited


Laboratories Prohibited Except photographic processing laboratories



UP(PH)


UP(PH)

Warehouses or Storage, including Mini-storage

Prohibited


Warehouses






Legend:


AUP -- Administrative Use Permit *



* For the purposes of the C-T zoning district, uses established by AUP require public notification of a decision within a 300 foot radius of the subject property.

B. Any use not listed that is compatible with the purposes of the C-T District shall be

permitted subject to securing an Administrative Use Permit. Any use that is not compatible with the purposes of the C-T District shall be prohibited.

Section 14. That Berkeley Municipal Code Section 23E.56.040 is amended to read as follows:

23E.56.040 Special Provisions -- Numerical Limitations A. The following uses shall be subject to the numerical and size limitations set forth

below:

Table 23E.56.040

Numerical and Size Limitations

Use Number limit Size limit (sq. ft.) Type of Permit

Barber/Beauty Shops 10 None Zoning Certificate

Food Service


Establishments: Carry Out Food Service

Quick Service Restaurants *


19

30

29

None

1,500

None

ZC/AUP

ZC

ZC/AUP

Gift/Novelty Shops None 3,000 Zoning Certificate

*Quick Service Restaurants are also limited to a maximum customer seating capacity of 50 seats

B. The Board may approve a Use Permit to exceed the limitations in this Section (either

numeric limitation or floor area) if it makes the findings under Section 23E.56.090.E. Section 15. That Berkeley Municipal Code Section 23E.60.020 is amended to read as follows:

23E.60.020 Purposes

The purposes of the Solano Avenue Commercial (C-SO) Districts are to: A. Implement the Master Plan’s designations for Community Commercial and

Commercial Service areas. B. Maintain a scale and balance of commercial activity on Solano Avenue that will

enhance the surrounding neighborhood and serve its residents, and will operate:

1. To encourage the location of businesses on Solano Avenue that serve the everyday needs of local residents;

2. To discourage the location of businesses on Solano Avenue that serve a larger

regional clientele, and should more appropriately be located in the Central Business District;

3. To limit the number of businesses on Solano Avenue that generate traffic or

parking demand in excess of commercial parking availability, causing the overflow of traffic circulation and parking onto adjacent residential streets;

4. To encourage location of late night commerce in appropriate areas in Berkeley,

such as the downtown area and allow businesses to address demand for late night service on Solano Avenue by establishing a 11:00 p.m. closing time for businesses on Solano Avenue;

5. To ensure that all construction, alterations, or additions to buildings will be in

functional and aesthetic harmony with adjacent buildings and areas.


C. To protect local residents from commercial noise, offensive odors and parking and

traffic problems. (Ord. 6478-NS § 4 (part), 1999) Section 16. That Berkeley Municipal Code Section 23E.60.030 is amended to read as follows: 23E.60.030 Uses Permitted A. The following table sets forth the Permits required for each listed item. Each use or



Table 23E.60.030



Retail Sales





Department Stores

Over 3,000 s.f.

ZC*

Prohibited



Pawn Shops Prohibited

Pet Stores including Sales and Grooming of Animals (but not Boarding)

UP(PH)





Laundromats UP(PH)


Offices


UP(PH)


ZC* When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent


and provide pedestrian viewing a minimum of 10 feet into the storefront area.

Medical Practitioners, including Holistic Health & Mental Health Practitioners


Other Professionals, and Government, Institutions, Utilities

AUP** When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.





Alcoholic Beverage Service (no Bars, Cocktail Lounges, & Taverns)

UP(PH) Service of distilled alcoholic beverages may be approved for full service restaurants only



UP(PH)


AUP**




Subject to numerical limitations listed in Table 23E.60.040


Under 1,000 s.f.

AUP**

ZC


Under 1,000 s.f.

AUP**

ZC



Full Service Restaurants Under 1,000 s.f.

AUP** ZC


AUP**


Hotels, Tourist UP(PH) Including Inns, Bed and Breakfasts and Hostels, subject to parking requirements; see Section 23E.60.080


Theaters Prohibited Including Motion Pictures and Stage Performance




Prohibited


Prohibited


Prohibited


Prohibited


UP(PH)

Motorcycle Stores (sales or service)

Prohibited


Prohibited







Automatic Teller Machines (exterior and when part of a Retail Financial Service)

AUP Limited to 2 machines and only when off-street parking is provided

Drive-in Uses UP(PH) Which provide service to customers in their cars. See definition in Sub-title 23F

Parking Lots

5 or fewer Off-street Parking Spaces

AUP

More than 5 Off-street Parking Spaces

UP(PH)


AUP

Sidewalk Cafe Seating AUP Subject to requirements under Chapter 23E.24


Live/Work Units


ZC


UP(PH)


UP(PH) Subject to Section 23E.60.070.E



UP(PH)


UP(PH) Treated as a food service establishment and subject to numerical limitations listed in Table 23E.60.040

Live Entertainment

Unamplified

Amplified

ZC

AUP

Also subject to the limitations under Section 23E.60.060.D.2




AUP






Clubs, Lodges Prohibited








UP(PH)





UP(PH)






New Construction

ZC

AUP

UP(PH)


Miscellaneous Uses


Automatic Teller Machines Prohibited When not a part of a Retail Financial Service


UP(PH)


Prohibited





Prohibited


Laboratories, Testing Prohibited Except medical office laboratories



UP(PH)


UP(PH)







Legend:

ZC – Zoning Certificate

AUP – Administrative Use Permit

UP(PH) – Use Permit, public hearing required

Prohibited – Use not permitted



B. Any use not listed that is compatible with the purposes of the C-SO District shall be

permitted subject to securing a Use Permit. Any use that is not compatible with the purposes of the C-SO District shall be prohibited.



Section 17. That Berkeley Municipal Code Section 23E.60.040 is amended to read as follows: 23E.60.040 Special Provisions – Numerical Limitations A. The following uses are subject to numerical limitations and also to the requirements

of Section 23E.60.030.

Table 23E.60.040


Use Number limit Type of Permit

Food Service Establishments

12 Use Permit

B. No limitation under this section shall be exceeded unless the Board issues a Use Permit and makes the findings under Section 23E.60.090.C.

C. The provisions of this section, 23E.60.040, shall be suspended until July 31, 2015.


Section 18. That Berkeley Municipal Code Section 23E.60.060.A is amended to read as follows: 23E.60.060 Use Limitations* A. No Commercial use shall operate except between the hours of 7:00 a.m. to 11:00

p.m., unless a Variance is obtained and in accordance with Section 23E.16.010. Section 19. That Berkeley Municipal Code Section 23E.64.030 is amended to read as follows: 23E.64.030 Uses Permitted A. The following table sets forth the Permit required for each listed item. Each use or

structure shall be subject to a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH)) or is Prohibited.

Table 23E.64.030


Use Permits Required to Establish, Expand or Change Use (sq. ft.)

Special Requirements

(if any)

Retail Sales

Retail uses as defined Sub-title 23F, except otherwise listed.

Under 3,500

3,500-7,500

7,500 or more

All Retail Sales Uses, except those specified below

ZC AUP UP(PH)** **Except when part of a combination commercial/residential use; see Mixed Use Development heading





Pawn Shops, including Auction

UP(PH)


Houses



Under 3,000

3,000-5,000

5,000 or more

All Personal/Household Services, except as specified below

ZC AUP UP(PH) As defined in Sub-title 23F, unless otherwise specified

Laundromats and Cleaners

AUP UP(PH) Dry Cleaning plants prohibited

Veterinary Clinics UP(PH)

Office Uses

Office uses other than banks prohibited on ground floors in designated nodes.

Under 3,000

3,000-5,000

5,000 or more

All Office Uses, except those specified below

ZC AUP UP(PH)

Business Support Services

ZC AUP UP(PH) See definition in Sub-title F for permitted uses


AUP


ZC AUP UP(PH) Subject to parking requirements under Section 23E.64.080.F


Adult-oriented Businesses

UP(PH) Prohibited on lots with frontage on San Pablo Ave. Other locations subject to distance requirements of Section 23E.16.030

Alcoholic Beverage Service of beer and wine incidental to food



service at quick and full service restaurants

Alcoholic Beverage Service

UP(PH)

Including Bars, Cocktail Lounges and Taverns. Also includes service of distilled spirits incidental to food service


UP(PH) Subject to additional requirements; see Section 23E.16.050


UP(PH)


ZC UP(PH) if 7,500 or more sq. ft.


UP(PH) Includes Nightclubs



Under 1,500 s.f.

AUP

ZC

Food service drive-through prohibited on San Pablo. See Section 23E.64.040.C & E. Also see Section 23E.64.090.H for special findings

Quick Service Restaurants Under 1,500 s.f.

AUP

ZC

Food service drive-through prohibited on San Pablo. See Section 23E.64.040.C & E. Also see Section 23E.64.090.H for special findings.


Under 1,500 s.f.

ZC

Subject to additional parking requirements; see Section 23E.64.080.F

1,501-2,500 s.f. AUP

Over 2,501 s.f. UP(PH)

Group Class Instruction for Business, Vocational, or Other Purposes

ZC

Gyms and Health ZC UP(PH) if 7,500 or more


Clubs sq. ft.

Hotels, Tourist, including Inns, Bed and Breakfasts, and Hostels

UP(PH) Subject to parking requirements; see Section 23E.64.080.F

Motels, Tourist UP(PH) Subject to parking requirements; see Section 23E.64.080.F


UP(PH)


On lots with frontage on San Pablo Avenue, changes of use from uses other than Automobile and Other Vehicle Oriented Uses prohibited, as provided in Section 23E.64.060.E. Auto parts sales is a retail use.

Less than 5,000 sq. ft. floor area and less than 10,000 sq. ft. of lot area

Either 5,000 or more sq. ft. of floor area; or 10,000 or more sq. ft. of lot area

Automobile and Truck Rentals

AUP UP(PH) Prohibited in designated nodes


AUP UP(PH)

Automobile Restoration, Antique and Classic Cars

AUP UP(PH)

Automobile Sales AUP UP(PH)

Automobile Used Car Establishments

UP(PH) Prohibited in designated nodes unless principally in buildings


UP(PH) Prohibited in designated nodes


Prohibited


UP(PH)


Motorcycle Stores, including Sales, Parts and/or Service

UP(PH)


AUP UP(PH)

Tire Sales/Service Stores

UP(PH) Prohibited in designated nodes; see Section 23E.64.050.C


Activities or Storage outside of a building

When not abutting R-District and using 10,000 sq. ft. or less of lot area

AUP Activities must be permitted or incidental to permitted use in the District

When abutting R-District or 10,000 sq. ft. of lot area or more

UP(PH)


AUP Exterior and when part of a Retail Financial Service

Drive-in uses Prohibited Providing service to customers in their cars

Open Air Markets UP(PH) Prohibited in designated nodes. See Section 23E.64.050.C

Parking Lots

10 or fewer spaces AUP

11 or more spaces UP(PH)


AUP

Combination Commercial/Residential and other Mixed Uses

The area within a Live/Work Unit, including both residential and non-residential space, shall be not less than 800 sq. ft. A UP(PH) is required in some cases; see Chapter 23E.20.


Live/Work Units

9 or fewer AUP If not changed from a dwelling unit

10 or more UP(PH) And/or if changed from a dwelling unit

Mixed Use Developments

Incorporating residential and retail; where the retail space comprises at least 15% but not more than 33% of the floor area

AUP if less than 20,000 sq. ft. floor area

UP(PH) if 20,000 sq. ft. or more floor area

Other Mixed Use Developments incorporating residential use and other permitted uses

ZC if less than 5,000 sq. ft. AUP if 5,000-9,000 sq. ft.


Amusement Devices (up to 3)

AUP


ZC

Live Entertainment

Unamplified

Amplified

ZC

UP(PH)

See performance standards in Section 23E.64.070.E


AUP

Residential and Related Uses

Additions, Major Residential

AUP See definition in Sub-title 23F. Subject to required finding under Section 23E.64.090.G

Child Care; Family


Day Care

Small Family Day Care Homes of 8 or fewer children

ZC

Large Family Day Care Homes of 9 to 14 children

AUP



Community Care Facilities/Homes

ZC


Dwelling Units UP(PH) Subject to Development Standards under Section 23E.64.070

Group Living Accommodations

UP(PH) Subject to Development Standards under Section 23E.64.070

Home Occupations

Low Impact ZC If the requirements of Section 23C.16.020 are met

Moderate Impact, teaching-related

AUP Subject to the requirements of Section 23C.16.030.A

Moderate Impact UP(PH) Subject to the requirements of Section 23C.16.030.B

Hospitals UP(PH) Subject to parking requirements; see Section 23E.64.080.F

Hot Tubs, Jacuzzis, Spas

AUP See Section 23D.08.070.C

Hotels, Residential, including Single Room Occupancy (SRO)

UP(PH)

Libraries UP(PH) Subject to parking requirements; see Section 23E.64.080.F


Nursing Homes UP(PH)

Parks and Playgrounds

AUP


UP(PH)

Religious Assembly Uses

AUP

Schools, Public or Private

UP(PH)


Six or fewer persons ZC

AUP

UP(PH)



New Construction

All other Residential Accessory Structures and Uses not listed


Miscellaneous Uses


AUP When not part of a Retail Financial Service


AUP

Cemeteries and Mausoleums

Prohibited


Circus or Carnival UP(PH) Prohibited in designated nodes. See Section


23E.64.050.C

Commercial Excavation

Prohibited Including earth, gravel, minerals or other building materials including drilling for, or removal of, oil or natural gas


Prohibited

Kennels or Pet Boarding

UP(PH) Prohibited on ground floor in designated node

Laboratories, Commercial Physical or Biological

Prohibited See Section 23E.64.030.C

Laboratories, Testing AUP if less than 10,000 sq. ft.

UP(PH) if more than 10,000 sq. ft.

Mortuaries and Crematories

UP(PH)

Public Utility Substations, Buildings, Tanks

UP(PH) Prohibited in designated node. See Section 23E.64.050.C


UP(PH) Prohibited on ground floor in designated node. See Section 23E.64.050.C






Light Manufacturing and Wholesale Trade Uses

Manufacturing uses prohibited on ground floors in designated nodes. See Section


23E.64.050.C

Light Manufacturing and Wholesale Trade Uses

5,000 or less sq. ft. AUP

5,000 sq. ft. or more UP(PH)

All Other Manufacturing Uses

UP(PH)

Warehouses or Storage (including Mini-storage Warehouses)

Prohibited

Legend:





B. Pursuant to the amendment to the West Berkeley Plan concerning 2929 Seventh

Street, also known as the Langendorf Building, Commercial Physical and Biological Laboratories shall be permitted on that property, with a Use Permit, provided that the total floor area, both in this District and in the MU-LI District, on the property occupied by uses permitted in this District shall not be less than 6,000 square feet.

C. Any use not listed that is compatible with the purposes of the C-W District shall be

permitted subject to securing an Administrative Use Permit. Any use that is not compatible with the purposes of the C-W District shall be prohibited.

Section 20. That Berkeley Municipal Code Sub-Section 23E.64.040.C is amended to read as follows: 23E.64.040 Special Provisions: Designated Nodes* C. The following locations, insofar as they are located within the C-W District, are

designated as nodes subject to the requirements of Paragraphs D and E:

1. Gilman and San Pablo, including all lots with frontage on San Pablo Avenue between Harrison and Camelia Streets and all lots with frontage on Gilman Street between the eastern border of C-W District and 10th Street;

2. Cedar and San Pablo, including all lots with frontage on San Pablo Avenue

between Virginia and Jones Streets; 3. University and San Pablo, including all lots with frontage on San Pablo Avenue

between Hearst Street and (on the east side of San Pablo Avenue) Cowper


Street (and the continued centerline of Cowper Street on the west side of San Pablo Avenue). Also including all lots on University Avenue between 9th Street and the eastern edge of the C-W District;

4. Dwight and San Pablo, including all lots with frontage on San Pablo Avenue

between the point 100 feet north of Dwight Way and Parker Street and all lots with frontage on Dwight Way between the eastern edge of the C-W District and the point 135 feet west of San Pablo Avenue;

5. Ashby and San Pablo, including all lots with frontage on San Pablo Avenue

between Burnett Street (or the continued line of Burnett Street on the west side of San Pablo Avenue) and the City limit;

6. 4th Street and University, including all lots in the area of the C-W District

bounded by 3rd Street on the west, 5th Street on the east, the northern border of the C-W District to the north and Addison Street to the south.

Section 21. That Berkeley Municipal Code Sub-Section 23E.64.060.A is amended to read as follows: 23E.64.060 Use Limitations* A. No commercial use shall operate except between the hours of 7:00 a.m. and 11:00

p.m. unless a Use Permit is obtained; provided, however, if the use is located within a designated node, the use may operate between 6:00 a.m. and 7:00 a.m. and/or 11:00 p.m. and 12:00 midnight with a Zoning Certificate.

Section 22 That Berkeley Municipal Code Section 23E.68.030 is amended to read as follows:

23E.68.030 Uses Permitted A. The following table sets forth the Permits required for each listed item. Each use or

structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH)), or is prohibited. For uses within the Downtown Arts District Overlay, also refer to Section 23E.68.040.

Table 23E.68.030



Retail Sales



ZC* As defined in Sub-title 23F, except otherwise listed (does not include Video Rental Stores)

Alcoholic Beverage Retail Sales, including liquor stores and wine Shops


Department Stores

Under 7,500 s.f.

AUP*

ZC




UP(PH)


UP(PH)




ZC* As defined in Sub-title 23F, except those otherwise listed (does not include Massage)

Laundromats AUP*


Offices


Under 7,500 s.f.

AUP*

ZC


ZC*

Medical Practitioners

ZC*

Including Holistic Health and Mental Health Practitioners


ZC*



Adult-Oriented Businesses

UP(PH)

Subject to additional requirements; see Section 23E.16.030


AUP

For on-site consumption only.

Alcoholic Beverage Service, including Bars, Cocktail Lounges, and Taverns

UP(PH)

Includes service of distilled spirits incidental to food service.


UP(PH)

Subject to additional requirements; see Section 23E.16.050


UP(PH)


ZC




Subject to additional requirements; see Section 23E.68.040.C


Under 2,000 s.f.

AUP*

ZC


Under 2,000 s.f.

AUP

ZC

See Alcoholic Beverage Service above.


Under 2,000 s.f.

AUP

ZC

See Alcoholic Beverage Service above.


ZC

Gyms and Health Clubs

Under 7,500 s.f.

AUP

ZC




Motels, Tourist



AUP


Automobile Parts Stores

ZC* Excluding service of auto parts


AUP* Including Parts Service


AUP*


UP(PH)


Prohibited


UP(PH)

Motorcycle Stores

UP(PH) Including Sales and/or Service


UP(PH) Including Boats

Tire Sales/Service Stores UP(PH)


Activities or Storage Outside of a building:

When not abutting R-District

AUP



Drive-in uses UP(PH) Which provide service to customers in their cars

Parking Lots:

Five or fewer Off-street AUP


Parking Spaces

More than five Off-street Parking Spaces

UP(PH)


AUP



Live/Work Units


ZC


UP(PH)


UP(PH) Subject to Section 23E.68.070.D



AUP


ZC

Live Entertainment

Unamplified

Amplified

ZC

AUP



AUP





Child Care Centers AUP



Dwelling Units, subject to R-5 UP(PH) Standards may be modified


Standards under Section 23E.68.070.E



Hospitals UP(PH)


UP(PH)

Libraries UP(PH)

Nursing Homes

UP(PH) Subject to parking requirements; see Section 23D.44.080



UP(PH)



Senior Congregate Housing:



New Construction

ZC

AUP

UP(PH)

Change of use of an existing dwelling unit

Miscellaneous Uses



UP(PH)


Prohibited



Commercial Excavation UP(PH) Including earth, gravel,


minerals, or other building materials including drilling for, or removal of, oil or natural gas


UP(PH)


Laboratories, Testing AUP*

Mortuaries UP(PH)


UP(PH)

Radio, Television or Audio/Sound

Recording Studios

AUP

Broadcast Studios UP(PH)


UP(PH)






Legend: *Change of Use Requirements




Sq. ft. Permit

North, Oxford, South or West Sub-area ┼

10,000-15,000

AUP


15,000+ UP(PH)

Core Sub-area ┼ 10,000-25,000 AUP

25,000+ UP(PH)

┼ as identified in Downtown Plan

B. Any use not listed that is compatible with the purposes of the C-2 District shall be

permitted subject to securing an Administrative Use Permit. Any use that is not compatible with the purposes of the C-2 District shall be prohibited.


building, or portion of building, shall be subject to the following permit requirements as listed in the legend of Table 23E.68.030.

Section 23. That Berkeley Municipal Code Section 23E.16.040 is amended to read as follows:

23E.16.040 Alcoholic Beverages A. No alcoholic beverage sales or alcoholic beverage service may be commenced or

increased in any way unless authorized by a Use Permit, except where food service establishments with incidental beer and/or wine service may be authorized by an Administrative Use Permit.

B. The following regulations apply to applications to commence or increase any alcoholic beverage sales or service in any District other than food service establishments with incidental beer and/or wine service. 1. As part of the application, the applicant must provide a list of all establishments

within a one thousand (1,000) foot radius which are in the same category of alcoholic beverage sales or service, as defined by the State Department of Alcoholic Beverage Control (ABC);

2. If there is any other establishment, other than a food service establishment with incidental service of beer and/or wine within a one thousand (1,000) foot radius of the site of the proposed use that is in the same category of alcoholic beverage sales or service, the Board shall not approve the application unless it makes all of the following findings of "Public Convenience or Necessity": a. The proposed establishment will promote the City’s economic health,

contribute to General Plan or Area Plan policies or further District purposes; b. The economic benefits associated with the establishment could not

reasonably be achieved without the proposed alcohol sales; c. The applicant has not operated a licensed establishment that has been the

subject of verified complaints or violations regarding alcohol, public safety or nuisance statutes or regulations, however, the Board may grant a Use Permit when there is record of only one complaint or violation against an applicant for on-sale restaurant service. In such cases, the Board shall take into consideration the circumstances of the complaint or violation and the concern of local neighborhood groups;


d. If the proposed establishment is located within one thousand (1,000) feet of any public park or Berkeley Unified School District (BUSD) school, the Board shall take into consideration the effect of the proposed establishment upon such sensitive public uses; and

e. The Police Department has reported that the proposed establishment would not be expected to add to crime in the area.

C. Increases in alcoholic beverage uses or sales include, but are not limited to, adding the sales or service of distilled spirits to any existing sales or service of beer and/or wine, extending the hours of operation of any establishment that sells or serves any alcoholic beverage and adding to the capacity, floor area or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages. An increase in alcoholic beverage uses or sales does not include extending the hours of operation of any food service establishments with incidental beer and/or wine service.

Section 24. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Old City Hall, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on June 28, 2011, this Ordinance was passed to print and ordered published by posting by the following vote: Ayes: Anderson, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and

Bates. Noes: None. Abstain: Arreguin. Absent: None.

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ORDINANCE NO. 7,191–N.S. ZONING ORDINANCE ... No. 7,191-N.S. Page 3 of 73 incidental to food service at quick and full service restaurants only Alcoholic Beverage Service, including

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