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)
Ordinance No. 7,191-N.S. Page 2 of 73
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
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 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
Ordinance No. 7,191-N.S. Page 4 of 73
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
UP(PH) Prohibited within the University Avenue Strategic Plan Overlay
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
Ordinance No. 7,191-N.S. Page 5 of 73
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.
Ordinance No. 7,191-N.S. Page 6 of 73
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
Ordinance No. 7,191-N.S. Page 7 of 73
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
Ordinance No. 7,191-N.S. Page 8 of 73
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
UP(PH) Prohibited within the University Avenue Strategic Plan Overlay
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.
Ordinance No. 7,191-N.S. Page 9 of 73
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
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.40.030
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
Department Stores
Over 3,000 s.f.
AUP
Prohibited
Firearm/Munitions Businesses
UP(PH) Prohibited on any property devoted to residential use
Pawn Shops, including Auction Houses
Prohibited
Pet Stores, including Sales and Grooming of Animals (but not Boarding)
UP(PH)
Ordinance No. 7,191-N.S. Page 10 of 73
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 UP(PH)
Veterinary Clinics, including Pet Hospitals
UP(PH)
Offices
Financial Services, Retail (Banks)
UP(PH)
Insurance Agents, Title Companies, Real Estate Agents, Travel Agents
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
UP(PH) Includes service of distilled spirits incidental to food service
Ordinance No. 7,191-N.S. Page 11 of 73
Amusement Device Arcades Prohibited
Commercial Recreation Center
UP(PH)
Dance, Exercise, Martial Arts and Music Studios
ZC*
Entertainment Establishments
UP(PH) Includes Nightclubs
Food Service Establishments:
Carry Out Food Service Stores
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
Full Service Restaurants
Under 1,000 s.f.
AUP**
ZC
Group Class Instruction for Business, Vocational or Other Purposes
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 and Other Vehicle Oriented Uses
Automobile Parts Stores ZC* Excluding service of auto parts
Automobile Repair and Service
Prohibited Includes Parts Service
Automobile Sales and Rentals
Prohibited
Automobile Washes, Mechanical or Self-Service
Prohibited
Automobile Wrecking Establishments
Prohibited
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Gasoline/Automobile Fuel Stations
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
Parking, Outdoor and Exterior Service Window Uses
Activities or Storage Outside of a building
Not abutting R-District AUP
When abutting R-District UP(PH)
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)
Recycling Redemption Centers
AUP
Sidewalk Cafe Seating AUP Subject to additional requirements; see Section 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 the standards under Section 23E.40.070.D
Uses Incidental to a Permitted Use
Amusement Devices (up to three)
UP(PH)
Food or Beverage for Immediate Consumption
AUP
Ordinance No. 7,191-N.S. Page 13 of 73
Live Entertainment Unamplified
Amplified
ZC
UP(PH)
Manufacturing Uses UP(PH)
Storage of Goods (over 25% of gross floor area)
AUP
Wholesale Activities UP(PH)
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
U P (PH) Standards may be modified under Section
Standards UP(PH) 23E.40.070.E
Group Living Accommodations subject to R-3 Standards
UP(PH) Standards may be modified under Section 23E.40.070.E
Hospitals Prohibited
Hotels, Residential, including Single Room Occupancy (SRO) Hotels
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
Parks and Playgrounds ZC
Public Safety and Emergency Services
UP(PH)
Religious Assembly Uses UP(PH)
Schools, Public or Private UP(PH)
Ordinance No. 7,191-N.S. Page 14 of 73
Senior Congregate Housing Six or fewer persons
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
Prohibited
Kennels or Pet Boarding Prohibited
Laboratories, Testing Prohibited
Mortuaries Prohibited
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
Prohibited
Wireless
Ordinance No. 7,191-N.S. Page 15 of 73
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 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 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-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
Ordinance No. 7,191-N.S. Page 16 of 73
Permit (AUP), a Use Permit approved after a public hearing (UP(PH)) or is Prohibited.
Table 23E.44.030
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). Also subject to numerical limitations listed in Table 23E.44.040
Alcoholic Beverage Retail Sales, including liquor stores and wine shops
UP(PH) Includes sale for off-site consumption at restaurants
Department Stores
Over 3,000 s.f.
ZC*
Prohibited
Firearm/Munitions Businesses
UP(PH) Prohibited on any property devoted to residential use
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
Personal and Household Services
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)
Ordinance No. 7,191-N.S. Page 17 of 73
Pet Hospitals
Video Tape/Disk Rental Stores
AUP**
Offices
Financial Services, Retail (Banks)
UP(PH) Also subject to numerical limitations listed in Table 23E.44.040
Insurance Agents, Title Companies, Real Estate Agents, Travel Agents
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
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
UP(PH) Service of alcoholic beverages allowed only as incidental to food service in Food Service Establishments
Alcoholic Beverage Service of beer and wine incidental to food service at quick and full service restaurants
AUP For on-site consumption only
Amusement Device Arcades Prohibited
Commercial Recreation Center
UP(PH)
Dance, Exercise, Martial Arts and Music Studios
AUP**
Ordinance No. 7,191-N.S. Page 18 of 73
Entertainment Establishments, including Nightclubs
Prohibited
Food Service Establishments:
Also subject to numerical limitations listed in Table 23E.44.040
Carry Out Food Service Stores
AUP**
Quick Service Restaurants AUP**
Full Service Restaurants AUP**
Group Class Instruction for Business, Vocational or Other Purposes
AUP**
Gyms and Health Clubs AUP**
Hotels, Tourist, including Inns, Bed and Breakfasts and Hostels
UP(PH)
Motels, Tourist Prohibited
Theaters UP(PH) Including Motion Pictures and Stage Performance
Automobile and Other Vehicle Oriented Uses
Automobile Parts Stores ZC* Excluding service of auto parts
Automobile Repair and Service, including Parts Service
Prohibited
Automobile Sales and Rentals
Prohibited
Automobile Washes, Mechanical or Self-Service
Prohibited
Automobile Wrecking Establishments
Prohibited
Gasoline/Automobile Fuel Stations
Prohibited
Motorcycle Stores, including Sales and/or Service
Prohibited
Recreational Vehicle and Prohibited
Ordinance No. 7,191-N.S. Page 19 of 73
Trailers Sales and Rental, including Boats
Tire Sales/Service Stores Prohibited
Parking, Outdoor and Exterior Service Window Uses
Activities or Storage Outside of a building
Not abutting R-District AUP
When abutting R-District UP(PH)
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)
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 the standards under Section 23E.44.070.E
Uses Incidental to a Permitted Use
Amusement Devices (up to three)
UP(PH)
Food or Beverage for Immediate Consumption
UP(PH) Treated as Food Service Establishment and subject to numerical limitations in Table 23E.44.040
Live Entertainment
Unamplified
ZC
Ordinance No. 7,191-N.S. Page 20 of 73
Amplified Prohibited
Manufacturing Uses UP(PH)
Storage of Goods (over 25% of gross floor area)
AUP
Wholesale Activities UP(PH)
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.44.070.F
Group Living Accommodations, subject to R-3 Standards
UP(PH) Standards may be modified under Section 23E.44.070.F
Hospitals Prohibited
Hotels, Residential, including Single Room Occupancy (SRO) Hotels
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
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 persons
Seven or more persons
New Construction
ZC
AUP
UP(PH)
Changes of Use from an existing dwelling unit
Miscellaneous Uses
Ordinance No. 7,191-N.S. Page 21 of 73
Automatic Teller Machines Prohibited 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
Prohibited
Kennels or Pet Boarding Prohibited
Laboratories, Testing Prohibited
Mortuaries Prohibited
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
Prohibited
Wireless Telecommunications Facilities
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
Ordinance No. 7,191-N.S. Page 22 of 73
Residential District
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 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-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
Ordinance No. 7,191-N.S. Page 23 of 73
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
Food Service Establishments:
Carry Out Food Service
3 1,000 AUP
Quick Service Restaurants
7 1,000 AUP
Full Service Restaurants
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
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.
Ordinance No. 7,191-N.S. Page 24 of 73
Table 23E.48.030
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). Also subject to numerical limitations listed in Table 23E.48.040
Alcoholic Beverage Retail Sales, including liquor stores and wine shops
UP(PH) Includes sale for off-site consumption at restaurants
Department Stores
Over 3,000 s.f.
ZC*
Prohibited
Firearm/Munitions Businesses
UP(PH) Prohibited on any property devoted to residential use
Pawn Shops, including Auction Houses
Prohibited
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 UP(PH)
Veterinary Clinics, including Pet Hospitals
UP(PH)
Offices
Financial Services, Retail (Banks)
UP(PH)
Insurance Agents, Title ZC* When located on the ground
Ordinance No. 7,191-N.S. Page 25 of 73
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
Other Professionals and Government, Institutions, Utilities
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.
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 (no Bars, Cocktail Lounges, or Taverns allowed)
UP(PH) Service of distilled alcoholic beverages may be approved only for Full Service Restaurants
Amusement Device Arcades Prohibited
Commercial Recreation Center
UP(PH)
Dance, Exercise, Martial Arts and Music Studios
AUP**
Entertainment Establishments, including Nightclubs
UP(PH)
Food Service Establishments:
Also subject to numerical limitations listed in Table 23E.48.040
Ordinance No. 7,191-N.S. Page 26 of 73
Carry Out Food Service Stores
Under 1,000 s.f.
AUP** ZC
Quick Service Restaurants
Under 1,000 s.f.
AUP**
ZC
Subject to parking requirements; see Section 23E.48.080
Full Service Restaurants
Under 1,000 s.f.
AUP**
ZC
Group Class Instruction for Business, Vocational or Other Purposes
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.
Gyms and Health Clubs AUP**
Hotels, Tourist, including Inns, Bed and Breakfasts and Hostels
UP(PH)
Motels, Tourist Prohibited
Theaters, including Motion Pictures and Stage Performance
Prohibited
Automobile and Other Vehicle Oriented Uses
Automobile Parts Stores ZC* Excluding service of auto parts
Automobile Repair and Service, including Parts Service
Prohibited
Automobile Sales and Rentals
Prohibited
Automobile Washes, Mechanical or Self-Service
Prohibited
Automobile Wrecking Establishments
Prohibited
Gasoline/Automobile Fuel Stations
UP(PH)
Ordinance No. 7,191-N.S. Page 27 of 73
Motorcycle Stores, including Sales and/or Service
Prohibited
Recreational Vehicle and Trailers Sales and Rental, including Boats
Prohibited
Tire Sales/Service Stores Prohibited
Parking, Outdoor and Exterior Service Window Uses
Activities or Storage Outside of a building
Not abutting R-District AUP
When abutting R-District UP(PH)
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)
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 the standards under Sections 23E.48.070.E and 23E.48.080.D
Uses Incidental to a Permitted Use
Amusement Devices (up to three)
UP(PH)
Food or Beverage for UP(PH)
Ordinance No. 7,191-N.S. Page 28 of 73
Immediate Consumption
Live Entertainment
Unamplified
Amplified
ZC
UP(PH)
Manufacturing Uses Prohibited
Storage of Goods (over 25% of gross floor area)
AUP
Wholesale Activities Prohibited
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 Prohibited
Community Centers UP(PH)
Dwelling Units, subject to R-3 Standards
UP(PH) Subject to the standards under Section 23E.48.070.F
Group Living Accommodations, subject to R-3 Standards
UP(PH) Subject to the standards under Section 23E.48.070.F
Hospitals Prohibited
Hotels, Residential, including Single Room Occupancy (SRO) Hotels
UP(PH)
Libraries UP(PH) Subject to parking requirements; see Section 23E.48.080
Nursing Homes UP(PH) Subject to parking requirements; see Section 23E.48.080
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 persons
ZC
Change of Use from an existing dwelling unit
Ordinance No. 7,191-N.S. Page 29 of 73
Seven or more persons New Construction
AUP UP(PH)
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 Excavations 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 Prohibited
Mortuaries Prohibited
Radio, Television, or Audio/Sound Recording and/or Broadcast Studios
UP(PH)
Public Utility Substations, Tanks
UP(PH)
Warehouses or Storage including Mini-storage Warehouses
Prohibited
Wireless Telecommunications Facilities
Microcell Facilities,
AUP Subject to the requirements and findings of Section 23C.17.100
Ordinance No. 7,191-N.S. Page 30 of 73
Modifications to Existing Sites, and Additions to Existing Sites When the Site Is Not Adjacent to a Residential District
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 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.
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.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
Numerical Limitations
Use Number limit Type of Permit
Clothing Stores, including Hats, Shoes and Accessories
20 Zoning Certificate
Ordinance No. 7,191-N.S. Page 31 of 73
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)
Ordinance No. 7,191-N.S. Page 32 of 73
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
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.52.030
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
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)
Firearm/Munitions Businesses
UP(PH) Prohibited on any property devoted to residential use
Pawn Shops Prohibited Including Auction Houses
Pet Stores UP(PH) Including Sales and
Ordinance No. 7,191-N.S. Page 33 of 73
Grooming of Animals (but not Boarding)
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 UP(PH) Including Pet Hospitals
Offices
Check Cashing Stores UP(PH)
Financial Services, Retail (Banks)
ZC* Not including Check Cashing stores
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.52.080
Other Professionals and Government, Institutions, Utilities
ZC*
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
UP(PH) Includes service of distilled spirits incidental to food service
No service of distilled alcoholic beverages is allowed along Adeline Street south of Ashby Avenue, except as incidental to meals
Ordinance No. 7,191-N.S. Page 34 of 73
in Full Service Restaurants only
Amusement Device Arcades UP(PH) Subject to additional requirements; see Section 23E.16.050
Commercial Recreation Center
UP(PH)
Dance, Exercise, Martial Arts and Music Studios
ZC*
Entertainment Establishments
UP(PH) Including Nightclubs
Food Service Establishments:
Carry Out Food Service Stores
Under 1,000 s.f.
AUP**
ZC
Quick Service Restaurants
Under 1,000 s.f.
AUP**
ZC
Subject to parking requirements; see Table 23E.52.080
Full Service Restaurants
Under 1,000 s.f.
AUP**
ZC
Group Class Instruction for Business, Vocational or Other Purposes
ZC*
Gyms and Health Clubs ZC*
Hotels, Tourist UP(PH) Including Inns, Bed and Breakfasts and Hostels
Motels, Tourist Prohibited
Theaters UP(PH) Including Motion Pictures and Stage Performance
Automobile and Other Vehicle Oriented Uses
Automobile Parts Stores ZC* Excluding service of auto parts
Automobile Repair and Service, including Parts Service
Prohibited
Automobile Sales and Rentals
Prohibited
Ordinance No. 7,191-N.S. Page 35 of 73
Automobile Washes, Mechanical or Self-Service
Prohibited
Automobile Wrecking Establishments
Prohibited
Gasoline/Automobile Fuel Stations
UP(PH)
Motorcycle Stores, including Sales and/or Service
Prohibited
Recreational Vehicle and Trailers Sales and Rental
Prohibited Including Boats
Tire Sales/Service Stores Prohibited
Parking, Outdoor and Exterior Service Window Uses
Activities or Storage Outside of a building
Not abutting R-District AUP
When abutting R-District UP(PH)
Automatic Teller Machines AUP Exterior and when part of a Retail Financial Service
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)
Recycling Redemption Centers
AUP
Sidewalk Cafe Seating AUP Subject to additional requirements; see Chapter 23E.24
Combination Commercial/Residential Uses
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
Ordinance No. 7,191-N.S. Page 36 of 73
Uses Incidental to a Permitted Use
Amusement Devices (up to three)
UP(PH)
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-4 District See Table 23D.40.030
Child Care Centers UP(PH)
Clubs, Lodges UP(PH)
Community Centers UP(PH)
Dwelling Units, subject to R-4 Standards
UP(PH) Standards may be modified under Section 23E.52.070.E
Group Living Accommodations, subject to R-4 Standards
UP(PH) Standards may be modified under 23E.52.070.E
Hospitals Prohibited
Hotels, Residential, including Single Room Occupancy (SRO) Hotels
UP(PH)
Libraries UP(PH) Subject to parking requirements; see Section 23E.52.080
Nursing Homes UP(PH) Subject to parking requirements; see Section 23E.52.080
Parks and Playgrounds ZC
Public Safety and Emergency Services
UP(PH)
Ordinance No. 7,191-N.S. Page 37 of 73
Religious Assembly Uses UP(PH)
Schools, Public or Private UP(PH)
Senior Congregate Housing
Six or fewer people
Seven or more people
New construction
ZC
AUP
UP(PH)
Change 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
Prohibited
Kennels or Pet Boarding Prohibited
Laboratories, Testing Prohibited
Mortuaries Prohibited
Public Utility Substations, Tanks
UP(PH)
Radio, Television or Audio/Sound Recording and/or Broadcast Studios
UP(PH)
Warehouses or Storage, including Mini-storage
Prohibited
Ordinance No. 7,191-N.S. Page 38 of 73
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 and findings 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-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.
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.52.030.
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
Ordinance No. 7,191-N.S. Page 39 of 73
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
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)
Firearm/Munitions Businesses
UP(PH) Prohibited on any property devoted to residential use
Pawn Shops Prohibited Including Auction Houses
Pet Stores UP(PH) Including Sales and Grooming of Animals (but not Boarding)
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). Also subject to numerical limitations listed in Table 23E.56.040
Laundromats AUP*
Veterinary Clinics UP(PH) Including Pet Hospitals
Offices
Financial Services, Retail (Banks)
AUP*
Insurance Agents, Title Companies, Real Estate
ZC When located on the ground floor adjacent to street
Ordinance No. 7,191-N.S. Page 40 of 73
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.
Medical Practitioners, including Holistic Health and Mental Health Practitioners
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
Other Professionals and Government, Institutions, Utilities
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.
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
UP(PH) Service of distilled alcoholic beverages may be approved for full service restaurants only
Amusement Device Arcades Prohibited
Commercial Recreation Center
AUP*
Dance, Exercise, Martial Arts and Music Studios
ZC
Entertainment UP(PH) Including Nightclubs
Ordinance No. 7,191-N.S. Page 41 of 73
Establishments
Food Service Establishments:
Also subject to numerical limitations listed in Table 23E.56.040
Carry Out Food Service Stores
Under 1,500 s.f.
AUP*
ZC
Quick Service Restaurants
Over 1,500 s.f.
ZC
Prohibited
Subject to parking requirements; see Section 23E.56.080
Full Service Restaurants
Under 1,500 s.f.
AUP*
ZC
Group Class Instruction for Business, Vocational or Other Purposes
ZC Not allowed on ground floor adjacent to street frontage
Gyms and Health Clubs ZC
Hotels, Tourist, including Inns, Bed and Breakfasts and Hostels
UP(PH) Subject to parking requirements; see Section 23E.56.080
Motels, Tourist Prohibited
Theaters, including Motion Pictures and Stage Performance
UP(PH) Prohibited on the ground floor adjacent to street frontage
Automobile and Other Vehicle Oriented Uses
Automobile Parts Stores ZC Excluding service of auto parts
Automobile Repair and Service
Prohibited
Automobile Sales and Rentals
Prohibited
Automobile Washes, Mechanical or Self-Service
Prohibited
Automobile Wrecking Establishments
Prohibited
Automobile/Motorcycle Parts Service
UP(PH)
Gasoline/Automobile Fuel Stations
Prohibited Except when located in a parking structure
Ordinance No. 7,191-N.S. Page 42 of 73
Motorcycle Stores Prohibited Including Sales and/or Service
Recreational Vehicle and Trailers Sales and Rental, including Boats
Prohibited
Tire Sales/Service Stores Prohibited
Parking, Outdoor and Exterior Service Window Uses
Activities or Storage Outside of a building
Not abutting R-District AUP*
When abutting R-District UP(PH)
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)
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 Section 23E.56.070.D
Uses Incidental to a Permitted Use
Amusement Devices (up to 3)
AUP*
Food or Beverage for Immediate Consumption
AUP* Treated as a food service establishment and subject to numerical limitations in Table
Ordinance No. 7,191-N.S. Page 43 of 73
23E.56.040
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) Allowed above the ground floor only. Standards may be modified under Section 23E.56.070.E
Group Living Accommodations, subject to R-3 Standards
UP(PH) Allowed above the ground floor only. Standards may be modified under Section 23E.56.070.E
Hospitals Prohibited
Hotels, Residential, including Single Room Occupancy (SRO) Hotels
UP(PH)
Libraries UP(PH) Subject to parking requirements; see Section 23E.56.080
Nursing Homes UP(PH) Subject to parking requirements; see Section 23E.56.080
Parks and Playgrounds ZC
Public Safety and Emergency Services
UP(PH)
Religious Assembly Uses UP(PH)
Ordinance No. 7,191-N.S. Page 44 of 73
Schools, Public or Private UP(PH)
Senior Congregate Housing
Six or fewer persons
Seven or more persons
New Construction
ZC
AUP*
UP(PH)
Change 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
Prohibited
Kennels or Pet Boarding Prohibited
Laboratories Prohibited Except photographic processing laboratories
Mortuaries Prohibited
Public Utility Substations, Tanks
UP(PH)
Radio, Television or Audio/Sound Recording and/or Broadcast Studios
UP(PH)
Warehouses or Storage, including Mini-storage
Prohibited
Ordinance No. 7,191-N.S. Page 45 of 73
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 and findings 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
* 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
Ordinance No. 7,191-N.S. Page 46 of 73
Establishments: Carry Out Food Service
Quick Service Restaurants *
Full 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.
Ordinance No. 7,191-N.S. Page 47 of 73
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
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.
Ordinance No. 7,191-N.S. Page 48 of 73
Table 23E.60.030
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
Department Stores
Over 3,000 s.f.
ZC*
Prohibited
Firearm/Munitions Businesses
UP(PH) Prohibited on any property devoted to residential use
Pawn Shops Prohibited
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 UP(PH)
Veterinary Clinics UP(PH) Including Pet Hospitals
Offices
Financial Services, Retail (Banks)
UP(PH)
Insurance Agents, Title Companies, Real Estate Agents, Travel Agents
ZC* When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent
Ordinance No. 7,191-N.S. Page 49 of 73
and provide pedestrian viewing a minimum of 10 feet into the storefront area.
Medical Practitioners, including Holistic Health & Mental Health Practitioners
UP(PH) Subject to parking requirements; see Section 23E.60.080
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 (no Bars, Cocktail Lounges, & Taverns)
UP(PH) Service of distilled alcoholic beverages may be approved for full service restaurants only
Amusement Device Arcades Prohibited
Commercial Recreation Center
UP(PH)
Dance, Exercise, Martial Arts and Music Studios
AUP**
Entertainment Establishments
UP(PH) Including Nightclubs
Food Service Establishments:
Subject to numerical limitations listed in Table 23E.60.040
Carry Out Food Service Stores
Under 1,000 s.f.
AUP**
ZC
Quick Service Restaurants
Under 1,000 s.f.
AUP**
ZC
Subject to parking requirements; see Section 23E.60.080
Ordinance No. 7,191-N.S. Page 50 of 73
Full Service Restaurants Under 1,000 s.f.
AUP** ZC
Group Class Instruction for Business, Vocational or Other Purposes
AUP**
Gyms and Health Clubs AUP**
Hotels, Tourist UP(PH) Including Inns, Bed and Breakfasts and Hostels, subject to parking requirements; see Section 23E.60.080
Motels, Tourist Prohibited
Theaters Prohibited Including Motion Pictures and Stage Performance
Automobile and Other Vehicle Oriented Uses
Automobile Parts Stores ZC* Excluding service of auto parts
Automobile Repair and Service, including Parts Service
Prohibited
Automobile Sales and Rentals
Prohibited
Automobile Washes, Mechanical or Self-Service
Prohibited
Automobile Wrecking Establishments
Prohibited
Gasoline/Automobile Fuel Stations
UP(PH)
Motorcycle Stores (sales or service)
Prohibited
Recreational Vehicle and Trailers Sales and Rental, including Boats
Prohibited
Tire Sales/Service Stores Prohibited
Parking, Outdoor and Exterior Service Window Uses
Activities or Storage Outside of a building
Ordinance No. 7,191-N.S. Page 51 of 73
Not abutting R-District AUP
When abutting R-District UP(PH)
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)
Recycling Redemption Centers
AUP
Sidewalk Cafe Seating AUP Subject to requirements under 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 Section 23E.60.070.E
Uses Incidental to a Permitted Use
Amusement Devices (up to three)
UP(PH)
Food or Beverage for Immediate Consumption
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
Ordinance No. 7,191-N.S. Page 52 of 73
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 Prohibited
Community Centers UP(PH)
Dwelling Units, subject to R-3 Standards
UP(PH) Standards may be modified under Section 23E.60.070.F
Group Living Accommodations, subject to R-3 Standards
UP(PH) Standards may be modified under Section 23E.60.070.F
Hospitals Prohibited
Hotels, Residential, including Single Room Occupancy (SRO) Hotels
UP(PH)
Libraries UP(PH) Subject to parking requirements; see Section 23E.60.080
Nursing Homes UP(PH) Subject to parking requirements; see Section 23E.60.080
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 persons
Seven or more persons
New Construction
ZC
AUP
UP(PH)
Change of Use from an existing dwelling unit
Miscellaneous Uses
Ordinance No. 7,191-N.S. Page 53 of 73
Automatic Teller Machines Prohibited 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
Prohibited
Kennels or Pet Boarding Prohibited
Laboratories, Testing Prohibited Except medical office laboratories
Mortuaries Prohibited
Public Utility Substations, Tanks
UP(PH)
Radio, Television or Audio/Sound Recording and/or Broadcast Studios
UP(PH)
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 and findings of Section 23C.17.100
Ordinance No. 7,191-N.S. Page 54 of 73
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 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-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.
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.60.030.
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
Numerical Limitations
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.
Ordinance No. 7,191-N.S. Page 55 of 73
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 and Required Permits
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
Alcoholic Beverage Retail Sales, including liquor stores and wine shops
UP(PH) Includes sale for off-site consumption at restaurants
Firearm/Munitions Businesses
UP(PH) Prohibited on any property devoted to residential use
Pawn Shops, including Auction
UP(PH)
Ordinance No. 7,191-N.S. Page 56 of 73
Houses
Smoke Shops UP(PH) Prohibited if within 1,400 feet of a school or public park
Personal and Household Services
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
Financial Services, Retail (Banks)
AUP
Medical Practitioners, including Holistic Health and Mental Health Practitioners
ZC AUP UP(PH) Subject to parking requirements under Section 23E.64.080.F
Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses
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
AUP For on-site consumption only
Ordinance No. 7,191-N.S. Page 57 of 73
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
Amusement Device Arcades
UP(PH) Subject to additional requirements; see Section 23E.16.050
Commercial Recreation Center
UP(PH)
Dance, Exercise, Martial Arts and Music Studios
ZC UP(PH) if 7,500 or more sq. ft.
Entertainment Establishments
UP(PH) Includes Nightclubs
Food Service Establishments:
Carry Out Food Service Stores
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.
Full Service Restaurants
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
Ordinance No. 7,191-N.S. Page 58 of 73
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
Theaters, including Motion Pictures and Stage Performance
UP(PH)
Automobile and Other Vehicle Oriented Uses
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
Automobile Repair and Service, including Parts Service
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
Automobile Washes, Mechanical or Self-Service
UP(PH) Prohibited in designated nodes
Automobile Wrecking Establishments
Prohibited
Gasoline/Automobile Fuel Stations
UP(PH)
Ordinance No. 7,191-N.S. Page 59 of 73
Motorcycle Stores, including Sales, Parts and/or Service
UP(PH)
Recreational Vehicle and Trailers Sales and Rental, including Boats
AUP UP(PH)
Tire Sales/Service Stores
UP(PH) Prohibited in designated nodes; see Section 23E.64.050.C
Parking, Outdoor and Exterior Service Window Uses
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)
Automatic Teller Machines
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)
Recycling Redemption Centers
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.
Ordinance No. 7,191-N.S. Page 60 of 73
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.
Uses Incidental to a Permitted Use
Amusement Devices (up to 3)
AUP
Food or Beverage for Immediate Consumption
ZC
Live Entertainment
Unamplified
Amplified
ZC
UP(PH)
See performance standards in Section 23E.64.070.E
Storage of Goods (over 25% of gross floor area)
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
Ordinance No. 7,191-N.S. Page 61 of 73
Day Care
Small Family Day Care Homes of 8 or fewer children
ZC
Large Family Day Care Homes of 9 to 14 children
AUP
Child Care Centers UP(PH)
Clubs, Lodges UP(PH)
Community Care Facilities/Homes
ZC
Community Centers UP(PH)
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
Ordinance No. 7,191-N.S. Page 62 of 73
Nursing Homes UP(PH)
Parks and Playgrounds
AUP
Public Safety and Emergency Services
UP(PH)
Religious Assembly Uses
AUP
Schools, Public or Private
UP(PH)
Senior Congregate Housing
Six or fewer persons ZC
AUP
UP(PH)
Changes of Use from an existing dwelling unit
Seven or more persons
New Construction
All other Residential Accessory Structures and Uses not listed
Per R-3 District See Table 23D.36.030
Miscellaneous Uses
Automatic Teller Machines
AUP When not part of a Retail Financial Service
Cafeteria, Employee or Residential
AUP
Cemeteries and 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) Prohibited in designated nodes. See Section
Ordinance No. 7,191-N.S. Page 63 of 73
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
Dry Cleaning and Laundry Plants
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
Radio, Television, or Audio/Sound Recording and/or Broadcast Studios
UP(PH) Prohibited on ground floor in designated node. See Section 23E.64.050.C
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 and findings of Section 23C.17.100
All Other Telecommunication Facilities
UP(PH) Subject to the requirements and findings of Section 23C.17.100
Light Manufacturing and Wholesale Trade Uses
Manufacturing uses prohibited on ground floors in designated nodes. See Section
Ordinance No. 7,191-N.S. Page 64 of 73
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:
ZC -- Zoning Certificate
AUP -- Administrative Use Permit
UP(PH) -- Use Permit, public hearing required
Prohibited -- Use not permitted
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
Ordinance No. 7,191-N.S. Page 65 of 73
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
Use and Required Permits
Use Classification Special Requirements (if any)
Retail Sales
Ordinance No. 7,191-N.S. Page 66 of 73
All Retail Sales Uses, except those listed below
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
UP(PH) Includes sale for off-site consumption at restaurants
Department Stores
Under 7,500 s.f.
AUP*
ZC
Firearm/Munitions Businesses
UP(PH) Prohibited on any property devoted to residential use
Pawn Shops, including Auction Houses
UP(PH)
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 23F, except those otherwise listed (does not include Massage)
Laundromats AUP*
Veterinary Clinics UP(PH) Including Pet Hospitals
Offices
Financial Services, Retail (Banks)
Under 7,500 s.f.
AUP*
ZC
Insurance Agents, Title Companies, Real Estate Agents, Travel Agents
ZC*
Medical Practitioners
ZC*
Including Holistic Health and Mental Health Practitioners
Other Professionals and Government, Institutions, Utilities
ZC*
Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses
Ordinance No. 7,191-N.S. Page 67 of 73
Adult-Oriented Businesses
UP(PH)
Subject to additional requirements; see Section 23E.16.030
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
UP(PH)
Includes service of distilled spirits incidental to food service.
Amusement Device Arcades
UP(PH)
Subject to additional requirements; see Section 23E.16.050
Commercial Recreation Center
UP(PH)
Dance, Exercise, Martial Arts and Music Studios
ZC
Entertainment Establishments
UP(PH) Including Nightclubs
Food Service Establishments:
Subject to additional requirements; see Section 23E.68.040.C
Carry Out Food Service Stores
Under 2,000 s.f.
AUP*
ZC
Quick Service Restaurants
Under 2,000 s.f.
AUP
ZC
See Alcoholic Beverage Service above.
Full Service Restaurants
Under 2,000 s.f.
AUP
ZC
See Alcoholic Beverage Service above.
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
Ordinance No. 7,191-N.S. Page 68 of 73
Motels, Tourist
UP(PH) Subject to parking requirements; see Section 23E.36.080
Theaters, including Motion Pictures and Stage Performance
AUP
Automobile and Other Vehicle Oriented Uses
Automobile Parts Stores
ZC* Excluding service of auto parts
Automobile Repair and Service
AUP* Including Parts Service
Automobile Sales and Rentals
AUP*
Automobile Washes, Mechanical or Self-Service
UP(PH)
Automobile Wrecking Establishments
Prohibited
Gasoline/Automobile Fuel Stations
UP(PH)
Motorcycle Stores
UP(PH) Including Sales and/or Service
Recreational Vehicle and Trailers Sales and Rental
UP(PH) Including Boats
Tire Sales/Service Stores UP(PH)
Parking, Outdoor and Exterior Service Window Uses
Activities or Storage Outside of a building:
When not abutting R-District
AUP
When abutting R-District UP(PH)
Automatic Teller Machines AUP Exterior and when part of a Retail Financial Service
Drive-in uses UP(PH) Which provide service to customers in their cars
Parking Lots:
Five or fewer Off-street AUP
Ordinance No. 7,191-N.S. Page 69 of 73
Parking Spaces
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 Section 23E.68.070.D
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-5 District See Table 23D.44.030
Child Care Centers AUP
Clubs, Lodges UP(PH)
Community Centers UP(PH)
Dwelling Units, subject to R-5 UP(PH) Standards may be modified
Ordinance No. 7,191-N.S. Page 70 of 73
Standards under Section 23E.68.070.E
Group Living Accommodations, subject to R-5 Standards
UP(PH) Standards may be modified under Section 23E.68.070.E
Hospitals UP(PH)
Hotels, Residential, including Single Room Occupancy (SRO) Hotels
UP(PH)
Libraries UP(PH)
Nursing Homes
UP(PH) Subject to parking requirements; see Section 23D.44.080
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 persons
Seven or more persons
New Construction
ZC
AUP
UP(PH)
Change of use of 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,
Ordinance No. 7,191-N.S. Page 71 of 73
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 Studios
AUP
Broadcast Studios UP(PH)
Warehouses or Storage including Mini-storage Warehouses
UP(PH)
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 and findings of Section 23C.17.100
All Other Telecommunication Facilities
UP(PH) Subject to the requirements and findings of Section 23C.17.100
Legend: *Change of Use Requirements
ZC -- Zoning Certificate
AUP -- Administrative Use Permit
UP(PH) -- Use Permit, public hearing required
Sq. ft. Permit
North, Oxford, South or West Sub-area ┼
10,000-15,000
AUP
Ordinance No. 7,191-N.S. Page 72 of 73
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.
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.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;
Ordinance No. 7,191-N.S. Page 73 of 73
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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