ORDINANCE NO. 7,394 N.S. ZONING ORDINANCE AMENDMENT TO TITLE 23 OF THE BERKELEY MUNICIPAL CODE TO AMEND THE EXISTING REQUIREMENTS FOR OFFICE USES IN THE TELEGRAPH AVENUE COMMERCIAL (C-T) DISTRICT BE IT ORDAINED by the Council of the City of Berkeley as follows: Section 1. 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 (), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (), or is. See also Section 23E.56.070.C for restrictions on usage of upper floors. Retail Sales All Retail Sales Uses, except those listed below Alcoholic Beverage Retail Sales including liquor stores and wine shops Department Stores Over 3,000 s.f. Drug Paraphernalia (any use involving the sale or distribution thereof) As defined in Sub-title 23F, except otherwise listed (does not include Video Rental Stores) Includes sale for off-site consumption at restaurants As defined in California Health and Safety Code Section 11364.5(d) Firearm/Munitions Businesses on any property devoted to residential use Pawn Shops Including Auction Houses Pet Stores Including Sales and Grooming of Animals (but not Boarding) Smoke Shops if within 1,400 feet of a school or public park Personal and Household Services All Personal and Household Services, except those listed below Laundromats As defined in Sub-title 23F, except those otherwise listed (does not include Massage). Also subject to numerical limitations listed in Table 23E.56.040 Veterinary Clinics Including Pet Hospitals Offices Financial Services, Retail (Banks) Ordinance No. 7,394-N.S. Page 1 of 7
Insurance Agents, Title Companies, Real Estate Agents, Travel Agents Medical Practitioners, including Holistic Health and Mental Health Practitioners Other Professionals and Government, Institutions, Utilities Food and Alcohol Service, Lodging, Entertainment and Assembly Uses Subject to restrictions above the ground floor except on Bancroft Way; see Section 23E.56.070. 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 restrictions above the ground floor except on Bancroft Way; see Section 23E.56.070.C. 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 restrictions above the ground floor except on Bancroft Way; see Section 23E.56.070.C. 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. Adult-oriented Businesses Alcoholic Beverage Service of beer and wine incidental to food service at quick and full service restaurants Alcoholic Beverage Service, including Bars, Cocktail Lounges and Taverns Amusement Device Arcades Commercial Recreation Center Dance, Exercise, Martial Arts and Music Studios AUP For on-site consumption only For on-site consumption only Service of distilled alcoholic beverages may be approved for full service restaurants only Entertainment Establishments Including Nightclubs Food Service Establishments Carry Out Food Service Stores Under 1,500 s.f. Quick Service Restaurants Under 1,500 s.f. Full Service Restaurants Under 1,500 s.f. Group Class Instruction for Business, Vocational or Other Purposes Also subject to numerical limitations listed in Table 23E.56.040 on ground floor adjacent to street frontage Ordinance No. 7,394-N.S. Page 2 of 7
Gyms and Health Clubs Hotels, Tourist, including Inns, Bed and Breakfasts and Hostels Motels, Tourist Theaters, including Motion Pictures and Stage Performance Automobile and Other Vehicle Oriented Uses Automobile Parts Stores Excluding service of auto parts Automobile Repair and Service Automobile Sales and Rentals Automobile Washes, Mechanical or Self- Service Automobile Wrecking Establishments Automobile/Motorcycle Parts Service Gasoline/Automobile Fuel Stations Except when located in a parking structure Motorcycle Stores Including Sales and/or Service Recreational Vehicle and Trailers Sales and Rental, including Boats Tire Sales/Service Stores Parking, Outdoor and Exterior Service Window Uses Activities or Storage Outside of a building Not abutting R- District When abutting R- District Automatic Teller Machines Exterior and when part of a Retail Financial Service Drive-in Uses Which provide service to customers in their cars. See definition in Sub-title 23F Parking Lots Parking Structures Recycling Redemption Centers Combination Commercial/Residential Uses Live/Work Units Not requiring a UP under Chapter 23E.20 Requiring a UP under Chapter 23E.20 Mixed Use Developments (Residential/Commercial) Subject to Section 23E.56.070.E Ordinance No. 7,394-N.S. Page 3 of 7
Uses Incidental to a Permitted Use Amusement Devices (up to 3) Food or Beverage for Immediate Consumption Live Entertainment Unamplified Manufacturing Uses Storage of Goods (over 25% of gross floor area) Wholesale Activities Uses Permitted in Residential Districts Treated as a food service establishment and subject to numerical limitations in Table 23E.56.040 Accessory Uses and Structures As per R-3 District See Table 23D.36.030 Child Care Centers Clubs, Lodges Community Centers Dwelling Units Allowed above the ground floor only. Subject to Section 23E.56.070.E Group Living Accommodations Allowed above the ground floor only. Subject to Section 23E.56.070.E Hospitals Hotels, Residential, including Single Room Occupancy (SRO) Hotels Libraries Nursing Homes Parks and Playgrounds Public Safety and Emergency Services Religious Assembly Uses Schools, Public or Private Senior Congregate Housing Six or fewer persons Seven or more persons New Construction Miscellaneous Uses Change of use from an existing dwelling unit Automatic Teller Machines When not a part of a Retail Financial Service Cafeteria, Employee or Residential Ordinance No. 7,394-N.S. Page 4 of 7
Cemeteries, Crematories, Mausoleums Circus or Carnival Columbaria AUP Allowed with a 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 Commercial Excavation Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas Dry Cleaning and Laundry Plants Emergency Shelter See Chapter 23C.10. Up to 25 beds More than 25 beds Kennels or Pet Boarding Laboratories Except photographic processing laboratories Mortuaries Public Utility Substations, Tanks Radio, Television or Audio/Sound Recording and/or Broadcast Studios Warehouses or Storage, including Ministorage Warehouses Wireless Telecommunications Facilities Legend: 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 Subject to the requirements and findings of Section 23C.17.100 Zoning Certificate AUP Administrative Use Permit * Use Permit, public hearing required 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 2. That Berkeley Municipal Code Section 23E.56.070 is amended to read as follows: Ordinance No. 7,394-N.S. Page 5 of 7
23E.56.070 Development Standards* A. The Floor Area Ratio (FAR) shall not exceed the following limits: 1. The Telegraph/Channing Parking Garage shall not have an FAR. 2. Properties within the District located south of Dwight Way shall not exceed an FAR of four and one half. 3. All other properties within the District shall not exceed an FAR of five. B. The height for a Main Building shall satisfy the following requirements: 1. The minimum height shall be three stories and 35 feet. 2. The maximum height shall be four stories and 50 feet. 3. The Zoning Board may approve a Use Permit to increase a project s maximum height to five stories and 65 feet if at least 50% of the total building floor area is for residential use, subject to the finding required under Section 23E.56.090.G. 4. The maximum height of the Telegraph/Channing Garage shall be seven stories and 85 feet. C. In all buildings, except those listed below, 100% of the floor area above the ground floor shall be used for Residential Use, except where the second floor is used for either Commercial Use as an integral part of the ground floor establishment or Offices. 1. Offices may locate on the first or second floor throughout the district, subject to the restrictions and permits listed in Section 23E.56.030. 2. Buildings located adjacent to Bancroft Way may have offices on upper floors subject to the restrictions and permits listed in Section 23E.56.030. 3. Buildings not adjacent to Bancroft Way may create office use space above the second floor with a Use Permit. The particular office use is subject to the restrictions and permits listed in Section 23E.56.030. 4. Second floor commercial space that is an integral part of the ground floor establishment shall have no entrances or exits that offer access independent of the interior of the ground floor space other than required fire exits, and shall not exceed the ground-floor area. D. No yards for Main Buildings, Accessory Buildings, or Accessory Structures shall be required, except as set forth below: 1. Shade studies shall be required for all proposed buildings exceeding three stories or 40 feet. Based on the findings of the shade study, the fourth or higher story of the building may be required to be set back to minimize shade impacts on adjacent properties or the public right-of-way. 2. When the subject lot is adjacent to an abutting or confronting lot in a residential zone, the requirements of Section 23E.04.050 and 23E.04.060 shall apply, for additional yard and building feature requirements. E. Any Mixed Use building (residential and commercial) shall satisfy all of the standards and requirements of this District, including the development standards of Section 23E.56.070, the density limitations of the R-3 District, and as follows: 1. Each Mixed Use building shall contain at least 40 square feet of Usable Open Space per Dwelling Unit for the residential use portion, except that no dimension of such open space shall be less than six feet. 2. The Board may approve a Use Permit to increase the density of a Group Living Accommodation use if it makes the following findings: Ordinance No. 7,394-N.S. Page 6 of 7
a. At least 50% of the total building floor area is designated for residential use; b. The increase in density will not be detrimental to the immediate neighborhood; and c. The project meets the purposes of the District. F. Exclusive Residential Uses are not allowed. Dwelling Units and Group Living Accommodations may be allowed, however, above the ground floor only when located in a Mixed Use building. G. Projects that may create environmental impacts as described in the Southside Plan Final EIR shall be subject to the adopted Mitigation Monitoring Program (MMP). *Specific text which previously amended this section on September 26, 2006 was repealed November 2006 as stated in the sunset provision ( 22) of Ordinance 6,948-N.S. Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 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 January 20, 2015 this Ordinance was passed to print and ordered published by posting by the following vote: Ayes: Noes: Absent: Anderson, Arreguin, Capitelli, Droste, Maio, Moore, Wengraf, Worthington and Bates. None. None. Ordinance No. 7,394-N.S. Page 7 of 7