1. Long-Term Rental of Rooms in a Dwelling Unit. Renting rooms and/or providing board in a dwelling unit to persons not living as a household is permitted by right as an accessory use in all Residential Districts. The room rental/boarding must comply with the following requirements:

2. Non-Processed Edibles. The sale or donation of non-processed edibles grown or raised on the premises is permitted by right as an accessory use in all residential districts. All sale and donation activities must comply with the following requirements:

3. Chair Massage.

4. Commercial Uses in Residential Districts. A commercial use is allowed in a Residential District as an accessory use only if the use is specifically allowed by the Zoning Ordinance.

1. Allowed Hours. Table 23.302-1: Allowed Hours of Operation shows allowed hours of operation for commercial uses in the commercial districts and the MU-R district, unless otherwise restricted by an existing permit.

2. Hours of Operation Defined.

3. Exceptions. The City may allow extended hours of operations with the approval of a permit as shown in Table 23.302-1. If more restrictive hours of operation than what is permitted in Table 23.302-1 are imposed as a condition of approval on an existing AUP or UP, the hours may be modified within the district’s current limits with approval of an AUP regardless of the original review authority.

4. Alcohol Sales in C-T District. A Use Permit is required in the C-T district for a business selling alcohol for off-site consumption to remain open past midnight. The Use Permit may be approved only if the business’s ABC license does not require sales of alcohol for off-site consumption to cease by midnight. The Zoning Adjustments Board (ZAB) may approve the Use Permit only upon finding that the extended hours will not generate excessive noise affecting the well-being of the residents of the district.

1. Applicability. This subsection applies to outdoor uses including but not limited to exterior service windows, outside automatic teller machines, and the outside storage of goods, containers and/or materials.

2. General. Commercial and manufacturing uses shall be conducted solely within an interior of a building unless:

3. Permits Required. Table 23.302-2 Permit Requirements for Outdoor Uses shows permits required for uses outside of a building in the Commercial and Manufacturing Districts.

4. C-W District. In the C-W district, uses outside of a building must be permitted or incidental to permitted use in the district.

5. M, MM, MU-LI Districts. Outside uses in the M, MM, and MU-LI districts may not abut a residential district.

1. Temporary Uses. The following temporary uses are permitted by right:

2. Temporary Structures. The following accessory and temporary structures are permitted by right as long as they do not change the character of, and are in keeping with the purposes of the district in which they are located:

1. When Required. An AUP is required to establish, maintain, or operate a temporary use or structure not identified in Subsection A (Permitted By Right) above.

2. Scope of Approval. An AUP for a temporary use or structure applies only to the circumstances of the temporary use or structure existing at the time the application is granted.

3. Seasonal Product Sales. Temporary seasonal product sales activity may not exceed a 45-day period and may not be established in any Residential district.

4. Time Period.

5. Findings. To approve the AUP, the Zoning Officer must make the findings in Section 23.406.030.F--Administrative Use Permits (Findings for Approval). When making this finding, the Zoning Officer shall consider whether the temporary nature of the use or structure will make it not detrimental.

6. Appeals.

1. Applicability.

2. Definitions. The definitions below shall govern the meaning of the terms as used in this subsection.

3. Zoning Certificate.

4. Operating Standards.

5. Sanitation.

6. Existing Parking and Loading. Non-residential parking and loading requirements on private property are temporarily suspended if a Temporary Outdoor Use displaces areas designated for these purposes.

7. Temporary Fixtures and Structures.

8. Safety.

9. Remedies.

1. Additional Findings -- Class II and Class III Home Occupations. To approve an AUP for a Class II home occupation or a Use Permit for a Class III home occupation, the Zoning Officer or the ZAB must make the permit findings in Section 23.406 (Specific Permit Requirements) and find that, based on the circumstances of the specific use and property:

1. Where Allowed. A home occupation is allowed in any dwelling unit, accessory dwelling unit, accessory building, or group living accommodation room.

2. Incidental Use. A home occupation in compliance with this section is considered a lawful incidental use of a primary residence and is not considered a change of use thereof.

1. A home occupation is allowed as an incidental use within a dwelling unit, accessory dwelling units, accessory building, or group living accommodation room.

2. No firearm/munitions business may operate as a home occupation.

3. Customer visits are not allowed in the ES-R district.

4. A Home Occupation may occupy no more than the greater of: 400 square feet or 20 percent of the gross floor area of the dwelling unit, accessory dwelling units, accessory building, or group living accommodation room from which it operates.

5. Only residents of the subject dwelling unit, accessory dwelling units, accessory building, or group living accommodation room, who live in the unit or room full-time, may operate a home occupation business.

6. Customer visits may occur only between the hours of 10am and 8pm.

7. Storage, services, repairs and other business activities, other than permitted arrival and departure of customers and goods in transit, may not be conducted outdoors.

8. A home occupation shall not involve hazardous materials or waste as defined by Municipal Code Section 15.08.060 (Hazardous Materials or Waste), or any other materials or waste that is deemed by the Hazardous Material Manager (or their designee or successor) to be inappropriate or unsafe in a residential setting.

9. A home occupation shall not create offensive or objectionable noise, vibration, odors, smoke, heat, dirt, electrical or other disturbance perceptible by the average person beyond the unit in which the home occupation is permitted.

10. No on-site signs identifying or advertising the home occupation are allowed.

11. The operator of a Home Occupation shall pay gross receipts tax pursuant to the City’s business license tax ordinance in Municipal Code Chapter 9.04 (Business Licenses).

12. A lessee in possession of a property may apply for a permit without the property owner’s signature; however, home occupations are not exempt from conditions in rental and lease agreements which may limit or prohibit home occupations.

1. General. Home occupations are subject to review, the imposition of conditions, or revocation. Violations may be addressed by issuing an administrative citation pursuant to Chapter 1.28.

2. Class I and Class II Home Occupations. The Zoning Officer shall review documented complaints, business operations, and other factors when reviewing Class I and Class II home occupations, and may impose conditions as may be necessary to prevent detrimental effects, or may revoke the permit if adequate conditions of approval are not available.

3. Class III Home Occupations. The ZAB shall review documented complaints, business operations, and other factors when reviewing Class III home occupations and may impose conditions as may be necessary to prevent detrimental effects, or may revoke the permit if adequate conditions of approval are not available. (Ord. 7810-NS § 10, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

1. The purpose of this section is to sanction the time-limited continued operation of bed and breakfast establishments (B&Bs) in residential districts that meet the requirements in this section.

2. This section is intended solely to alleviate the hardship that might occur if the owners of B&Bs were required to cease operation immediately, as would otherwise be required by the Zoning Ordinance.

3. The purpose of this section is not to permanently legalize such B&Bs.

1. Eligibility. B&Bs in operation in Berkeley as of December 13, 2003 are eligible for continued operation subject to this section if, and only so long as, they satisfy the following conditions:

2. Application. To be granted continued operation under this section, owners of eligible B&Bs must:

1. The owner of the property on which the B&B is located must live there as their primary residence and must be the primary operator of the B&B.

2. No part of a B&B may be rented for social events or functions.

3. A B&B may not be expanded beyond the number of rooms or units in existence as of January 1, 2003.

4. Food service, if provided by the operator, may be provided only to paying guests.

5. A B&B shall comply with all applicable laws, ordinance and regulations concerning the preparation and service of food.

6. A B&B shall comply with all applicable disability access requirements.

7. A B&B shall pay all transient occupancy and business license taxes as they become due.

1. The City Manager or his/her designee shall make the determinations required by this section, and their decision shall be final.

2. The City Manager may give applicants under this section a reasonable period, but not to exceed six months, in which to bring the B&B into compliance with the requirements of Subsections B (Continued Operation) and C (Regulations).

1. Any continued operation allowed under this section does not constitute a permit and shall not run with the land, but is limited to the owner(s)/operator(s) thereof identified under Subsection B.2 (Application) and is subject to the requirements in this section.

2. A B&B sanctioned by this section shall be treated as a lawful nonconforming use, subject to automatic termination of the B&B use as provided in this section.

3. The owner shall file a deed restriction with the County Recorder, in a form approved by the City’s Zoning Officer, notifying purchasers of the effect of this section.

1. This section establishes a process to terminate an AUP previously issued for sidewalk cafe seating and identifies new permits required for this use.

2. It is the intent of the City to discontinue issuance of new and terminate existing AUPs for sidewalk cafe seating because the City did not intend to create a land use entitlement which ran with the land for this use, which occurs on the public right-of-way. The City also intends to eliminate the discretionary aspect of permit issuance for sidewalk cafe seating and to simplify the permit process by incorporating specific, identifiable standards for issuance of permits.

1. Automatic Termination. Without any action required by the City, an AUP for sidewalk cafe seating terminates upon:

2. Termination by Zoning Officer.

1. After an AUP for sidewalk cafe seating is terminated, the sidewalk cafe seating may continue or resume only after the food service establishment obtains a permit under Municipal Code Chapter 14.48 (Miscellaneous Use of Streets and Sidewalks).

2. Any sidewalk cafe seating that does not obtain required permits is a prohibited encroachment under Municipal Code Chapter 16.18 (Right-Of-Way Encroachments and Encroachment Permits). (Ord. 7787-NS § 2 (Exh. A), 2021)

1. General Limitations. An adult-oriented business may not be established:

2. District Limitations. Adult-oriented businesses are not permitted:

1. Incidental Use. Amusement Devices up to 25 percent of total net floor area of the primary use are allowed as an incidental use with a Zoning Certificate. Amusement Devices are prohibited in the M Manufacturing District and MM Mixed Manufacturing District.

1. Outdoor Cafe Seating.

2. Building Openings--C-E and C-NS Districts. Food service establishments in the C-E and C-NS districts may have no openings, other than fixed windows and required fire exits, within 50 feet of a residential district.

3. C-W District Requirements.

4. MU-LI, MU-R, and M-RD District--Findings.

1. No more than four non-chartered financial institutions are permitted in the city.

2. Non-chartered financial institutions may not be located within a radius of 1,320 feet of another non-chartered financial institutions.

1. Permits Required. Table 23.302-7 shows required permits for the exclusive or primary use of a lot for off-street parking spaces.

2. Residential District Standards. See 23.322.110--Parking Lots in Residential Districts for standards that apply to the exclusive or primary use of a lot for off-street parking spaces in a residential district.

1. Southside Plan Area. In the R-3, R-S, R-SMU, and C-T districts within the Southside Plan boundaries, individual unit entries located within six feet of the front property line shall be at least 18 inches above the finished grade of the adjacent public frontage.

1. Permits Required. Supportive housing shall be allowed by right in zones where multifamily and mixed uses are permitted, if the proposed housing development satisfies requirements pursuant to Government Code Section 65651(a).

1. In all districts where retail uses are allowed, on-site storage of goods is allowed as an accessory use to a primary retail use on the lot.

2. The storage of goods for a contiguous and directly accessible retail space is allowed in the MU-LI and MU-R districts subject to the following:

1. Lot Changes. A lot may not be subdivided or reduced in size and a lot line may not be adjusted or redrawn in a manner that conflicts with the Zoning Ordinance or:

2. Transactions Contrary to Minimum Lot Size Requirements. Any deed of conveyance, sale or contract to sell made contrary to the minimum lot size requirements of the Zoning Ordinance is voidable at the sole option of the grantee, buyer or person contracting to buy, their heirs, personal representative or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale, or contract.

3. Front Lot Line Determination for Corner Lots. For the purpose of determining lot frontage and setback requirements, the shorter of the two intersecting lot lines along the rights-of-way of a corner lot is considered the front of the lot. For lots with equal frontage, or for irregularly shaped corner lots, the Zoning Officer shall designate the front lot line in a manner to best promote the orderly development of the immediate area.

4. Condominium Lots. For condominium projects with a common area, all buildings and the common area together are treated as a single lot for the purpose of calculating minimum lot size, setback, density, FAR, coverage, usable open space and off-street parking requirements.

5. Projections Over Lot Lines. A building or structure may not project over a lot line except that:

1. Lot Line Designations for Flag and Irregular Lots. The Zoning Officer shall designate the front, side, and rear lot line for flag lots and irregular interior lots in a manner to best protect light, air, and privacy. (Ord. 7787-NS § 2 (Exh. A), 2021)

1. Corner Lots with a Rear Lot Line Abutting a Key Lot. For corner lots in the R-1, R-2 and R-2A districts with a rear lot line abutting a key lot, the minimum street side setback is either:

2. Setback Reductions. Lot line setback reductions are only permitted as shown in Table 23.304-1. Otherwise, they are not permitted.

3. Allowed Building Projections. Table 23.304-2 shows building features which may project into a required setback. All projecting features must maintain a minimum 3-foot distance from an interior side lot line.

4. Accessibility for Persons with Disabilities. Wheelchair ramps, lifts, and other structures to accommodate persons with disabilities that are less than 30 inches above grade (not including railings) are not subject to minimum setback requirements. Any accessibility feature with a height above grade of 30 inches or more (not including railings) may project into a required setback area with approval of a reasonable accommodation request. See Section 23.406.090 (Reasonable Accommodation). Preferred designs would comply with the following:

5. Building Groups. Where two or more main buildings are constructed as part of a single project, the Zoning Officer may approve an AUP to reduce the minimum side setback requirement if:

6. Subterranean Structures.

7. Solar Energy Equipment. The Zoning Officer may approve an AUP for solar energy equipment to project into a required setback upon finding that:

1. Single-Use Residential Development. Allowed setback reductions and projections in 23.304.030.B (Residential Districts) also apply to single-use residential development in a Non-Residential District.

2. Lots Adjacent to Residential Districts.

1. The R-3, R-S, R-SMU, and C-T districts located within the Southside Plan boundaries.

2. The C-DMU district (see Section 23.204.130(E)(1)(b)).

3. The R-BMU district (see Section 23.202.150(F)).

4. The C-AC district (see Section 23.204.150(E)(4)). (Ord. 7890-NS § 37, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

1. Attached or Close to Main Building. An accessory building or enclosed accessory structure, other than a subterranean structure, that is attached to or within 3 feet of a wall of a main building, is considered a part of the main building for the purposes of setback requirements.

2. Demolition. See 23.326.030.C (Accessory Buildings) and 23.326.070.B (Accessory Buildings) for permits required to demolish accessory buildings.

1. Permits Required. Table 23.304-6 shows permits required for accessory buildings and accessory structures in Residential Districts.

2. Development and Use Standards.

3. Rebuilding and Replacement.

1. Permits Required.

2. Development Standards.

1. For unenclosed accessory structure within a required setback, allowed height shall be specified in the AUP.

2. No height limitations apply to unenclosed accessory structures outside of required setbacks.

3. The height of an unenclosed accessory structure is measured as the vertical distance from the lowest existing grade point within a 3-foot radius of any point of the structure to the highest point of the structure.

1. An unenclosed outdoor hot tub, jacuzzi, or spa located anywhere on a lot requires:

2. Any pump associated with an unenclosed outdoor hot tub, jacuzzi, or spa shall be mounted and enclosed so that its sound is not audible on an adjacent lot. (Ord. 7787-NS § 2 (Exh. A), 2021)

1. A fence in a Residential District may not contain strands of barbed or razor wire, sharp or jagged glass, sharp or jagged metal components (e.g., razor-spikes), or similar materials.

2. Prohibited fence materials on an existing fence may not be expanded or repaired. Table 23.304-9 shows the date by which existing non-conforming prohibited fence materials must be removed.

3. For purposes of this section, the adjusted market value of the existing non-conforming prohibited fence feature is calculated as follows:

4. If a property owner shows that the period of time in Table 23.304-9 is unreasonable as applied to a particular fence feature, the City may extend the period within which removal of such feature is required, after weighing the harm to the public interest from continued maintenance of the fence and other relevant factors. Any such determination will be made in the course of the proceedings to abate pursuant to Municipal Code Chapter 1.24 (Abatement of Nuisances).

1. A fence adjacent to a street, sidewalk, path, or other public right-of-way in a Non-Residential District may have strands of barbed or razor wire if:

2. A fence on a lot line that abuts a Residential District must comply with 23.304.080.C--Fences (Prohibited Materials in Residential Districts).

1. Abutting Residential Uses.

2. Manufacturing/Residential Buffers.

1. Southside Plan Area Standards.

1. Accessibility and Use. Usable open space shall be accessible to the occupants of the building for active or passive recreation use.

2. Assignment to Unit. An area which is accessible and/or usable only by the occupants of a particular dwelling unit may satisfy the usable open space area requirements only for that particular dwelling unit.

3. Minimum Dimensions. Except for balconies, a usable open space area must have a minimum width and length of 10 feet.

4. Balconies.

5. Uncovered. Except for balconies, usable open space shall be at least 75 percent open to the sky.

6. Slope. Usable open space must have a slope of 8 percent grade or less.

7. Landscaping.

8. Amenities. Usable open space which is not planted shall be developed to encourage outdoor active or passive recreational use and shall include such elements as decks, sports courts, outdoor seating, decorative paved areas and walkways which do not serve as entrance walkways.

9. Access Features Not Included. Usable open space may not contain area designated for off-street parking and loading, service areas, driveways, required walkways or other features used for access to dwelling units.

1. Gym/Health Club/Fitness Studio;

2. Multipurpose room; or

3. Pet wash room.

1. Each square foot of pedestrian amenity space is counted as 1.5 square feet of usable open space.

2. Pedestrian amenities shall meet all of the following criteria:

1. All multi-family dwellings shall have an unobstructed walkway for pedestrian access from the public right-of-way to the building.

2. The required walkway shall be separated and physically protected from a driveway or off-street parking spaces with a minimum 2-foot wide landscaped strip.

1. All exterior lighting shall be shielded and directed downward and away from lot lines to prevent excessive glare beyond the property on which the light is located.

2. Lights on motion sensors may not be triggered by movement or activity located off the property on which the light is located. (Ord. 7787-NS § 2 (Exh. A), 2021)

1. Display Window Orientation. Display windows and customer entrances, other than required exits, shall not face abutting lots in a Residential District.

2. Exterior Lighting. Exterior lighting shall be shielded in a manner which avoids direct glare onto abutting lots in a Residential District.

3. Lot Line Screening. To provide screening, a solid wall or fence, measuring 6 feet in height from existing grade, shall be erected at the lot line of an abutting lot in a Residential District.

4. Exhaust Air Ducts.

1. Mitigation Measures. Projects in the Southside Plan boundaries are subject to the applicable mitigation measures in the adopted Mitigation Monitoring Program of the Southside Plan Final EIR.

2. Permit Findings. To approve an AUP or Use Permit for a project in the Southside Plan boundaries, the review authority must find that the project complies with the Southside Plan’s adopted Mitigation Monitoring Program (MMP).

1. Applicability. The bird safe building requirements apply to the following types of projects based on the primary land use when such projects require a building permit.

2. Definitions.

(c) Glass Surfaces. Glass surfaces shall be numbered starting with the window surface closest to the exterior of the building and proceeding inward. (See Figure 23.304-1).

3. Phasing and Exemptions.

1. Threat Factor Rating. A product with an American Bird Conservancy Threat Factor Rating of 30 or less.

2. Patterned Glazing Treatment. The glass or reflective material assembly must have all the following characteristics:

Dots or Isolated Solid Shapes

Lines

3. External Screens, Shutters, or Shading Devices. Panes with exterior screens, shutters or shading devices installed permanently over windows, structures, or building features such that there is no gap larger than 9 inches in one dimension. Building integrated treatments include, but are not limited to, metal screens, shutters, fixed solar shading such as louvres, and exterior insect or solar screens.

1. Existing Building or Accessory Conversion. An ADU created entirely through conversion with no modifications to the existing building or accessory structure envelope that exceeds the development standards for maximum gross floor area in Table 23.306-2, ADU Development Standards, is allowed a physical addition of no more than 150 square feet. The addition must comply with maximum height and setback requirements.

2. Multi-family Dwelling Conversion. Interior ADU(s) must be created entirely through non-habitable residential portions of the existing multi-family dwelling structures that are not within the living space of a dwelling unit (e.g. basements, attics, garages, storage rooms, boiler rooms, passageways).

3. Accessory Building or Accessory Structure Conversion. An ADU converted from an accessory building or accessory structure is allowed to maintain non-conformity to the same location and dimensions of the existing accessory building or accessory structure, provided that the ADU meets fire and safety standards set forth in the California Building Standards Code adopted in BMC Title 19. Any physical additions to the existing accessory building or accessory structure shall comply with the development standards in Table 23.306-2 ADU Development Standards.

4. Attached ADU. An ADU shall be considered attached if sharing a common wall with a primary dwelling.

5. Detached ADU Setback Exceptions. If there is a lesser setback allowed in 23.304.060--Accessory Buildings and Enclosed Accessory Structures for a comparable accessory building or accessory structure in the underlying zoning district, that setback shall apply.

6. Attached ADU, New Construction Height. Attached ADUs with height up to 25 ft. allowed with a Zoning Certificate.

1. Basic Standards. A Junior ADU shall be contained entirely within an existing or proposed single family dwelling (including basements, attics, storage rooms, boiler rooms, and passageways) or its attached garage, and have no more than 500 square feet in floor area.

2. Shared Sanitation Facility. If a Junior ADU shares a sanitary facility with a single-family dwelling, an internal connection between the Junior ADU and the main living area of the single family dwelling is required.

3. Junior ADU Floor Area. The Junior ADU gross floor area calculation excludes any shared sanitation facility with the single family dwelling.

1. Outside of the Hillside Overlay. Chimneys, water heater enclosures, flues, heating and cooling equipment, eaves, cornices, canopies, awnings, bay windows, and balconies may project two feet into the required setbacks, so long as there remains at least a two-foot setback from property lines. Bay windows and balconies may not project into a required rear ADU setback.

2. Within the Hillside Overlay. No projections shall be allowed within a required setback.

1. If an application to create an ADU or Junior ADU is submitted as part of a project that requires discretionary review, a Zoning Certificate for a building permit shall not be issued for the ADU or Junior ADU until the discretionary approval(s) has/have been granted and any applicable appeal periods have expired. See 23.404.060(A) Post-Decision Provisions (Effective Dates).

2. Issuance of a Zoning Certificate shall not be denied for the construction or conversion of an ADU or Junior ADU that complies with the requirements of Government Code Section 66323.

3. Issuance of a Zoning Certificate for the construction or conversion of an ADU or Junior ADU shall not be denied based on the failure of an applicant to correct a nonconforming zoning condition.

4. If the Zoning Officer denies an application, the applicant shall be provided, within the same 60-day period, a written notice identifying all deficiencies in the application and a description of how the application may be corrected.

1. Scope and Timing of Notice. Notice of an ADU application shall be mailed to tenants of the subject property, and owners and tenants of the adjacent, confronting, and abutting properties, within ten working days of submission of the building permit application to the City.

2. Content of Notice. Notice shall provide the address of the project, allowable hours of construction, a link to the City’s ADU webpage, and information for tenants of the subject property on how to contact a Rent Board Housing Counselor by e-mail or phone and any other resource information deemed relevant.

3. Mailing Fees. The applicant shall be responsible for the cost of materials, postage, and staff time necessary to process and mail notices.

1. The Junior ADU shall not be sold separately from the main building;

2. The ADU shall not be sold separately from the main building unless the conditions of BMC 23.306.040(D)--ADUs Developed by a Qualified Nonprofit Developer are met, or as otherwise permitted by state law;

3. The ADU shall not be rented for a term that is shorter than 30 days; and

4. If the property includes a Junior ADU, the Junior ADU or the Single Family Dwelling in which the Junior ADU is located shall be owner-occupied. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

1. Delineation of all areas of the property that are for the exclusive use of a cotenant;

2. Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, and improvements associated with the property;

3. Procedures for dispute resolution among cotenants before resorting to legal action;

4. Allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies;

5. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the ADU or primary dwelling if the buyer desires to sell or convey the property;

6. A requirement that the qualified buyer occupy the ADU or primary dwelling as the buyer’s principal residence; and

7. Affordability restrictions on the sale and conveyance of the ADU or primary dwelling that ensure the ADU and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.

8. If requested by a utility providing service to the primary residence, the ADU shall have a separate water, sewer, or electrical connection to that utility. (Ord. 7983-NS §§9--11, 2025; Ord. 7955-NS §§ 24--26, 2025; Ord. 7888-NS § 8, 2023; Ord. 7799-NS § 1, 2022; Ord. 7797-NS § 1, 2022. Formerly 23.306.030)

2. Except in the MU-LI district, such existing emergency shelters shall be treated as a lawful nonconforming use under Chapter 23.324 (Nonconforming Uses, Structures, and Buildings). Existing shelters in the MU-LI district are not considered a nonconforming use and may add floor area with a Use Permit. (Ord. 7882-NS § 16, 2023; Ord. 7815-NS § 9, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

1. No individual or household shall be denied emergency shelter because of an inability to pay.

2. No emergency shelter shall be located within 300 feet of another emergency shelter, except when a Use Permit is approved to allow less of a buffer distance.

3. When abutting a Residential District, all waiting and intake areas shall be located indoors.

4. Emergency shelter facilities are required to have an area for onsite client intake equal to one-quarter of the area provided for client beds. This may be a multi-use area.

5. The following incidental uses are permitted in emergency shelter facilities

6. Lighting shall be provided in all exterior areas, including pathways, parking areas, courtyards, rear yard areas, and spaces between structures. Lighting shall be directed in a manner that does not cast light onto neighboring properties.

7. On-site management and security shall be provided at all times the facility is in operation and on-site management shall be provided at least one hour before and after facility operation hours.

8. The shelter provider shall conduct a community meeting after giving notice to all owners and occupants within a 100-foot radius of the proposed shelter location. A community meeting shall not be required when the target population of the proposed shelter requires privacy due to safety concerns as determined by the Zoning Officer.

1. Seasonal Emergency Shelter Defined. A seasonal emergency shelter is an emergency shelter that may operate only during the wet weather season from November 15 through April 15, unless the City Manager determines in any given year that the wet season has begun earlier or extended later than these dates.

2. Standards in Residential Districts. In addition to the standards in Subsection A (Standards for Emergency Shelters--All Districts) above, the following standards apply to seasonal emergency shelters in a residential district.

1. An Administrative Use Permit is required to begin service of alcoholic beverages, except as provided in 23.310.030 (Alcoholic Beverage Service When Incidental to Food Service).

2. To increase sales and service of alcoholic beverages, an existing Administrative Use Permit or Use Permit may be modified with an AUP regardless of the original review authority. An increase in alcoholic beverage sales or service includes, but is not limited to:

1. The number of alcoholic beverage sales licensees in the census tract does not exceed the limit set by the Department of Alcoholic Beverage Control, as defined in California Business and Professions Code Section 23958.4; and

2. At least one of the following:

3. If the number of alcoholic beverage sales licenses in the census tract exceeds the limit set by the Department of Alcoholic Beverage Control; the decision-making body must find that the public convenience or necessity would be served by approving alcohol sales at the proposed location for any two or more of the following reasons:

1. Licensing.

2. Service.

3. Operation.

4. Advertising.

5. Training.

1. All Residential Districts Except R-BMU. Live/work units are not permitted.

2. R-BMU District: A Use Permit is required for live/work units.

1. All Commercial Districts Except C-SA and C-W. In all commercial districts except the C-SA and C-W districts, live/work units are allowed with a Zoning Certificate. Special circumstances that require a Use Permit are identified in Section 23.312.040 (Standards for Live/Work).

2. C-SA District. A Use Permit is required for all live/work units in the C-SA district.

3. C-W District.

1. M and MM Districts. Live/work units are not permitted in the M and MM districts.

2. MU-LI District.

3. MU-R District.

1. General Standards.

2. Business License. At least one resident in each live/work unit shall maintain at all times a valid City Business License and Zoning Certificate or Use Permit for a business on the premises.

3. Employment, Client, and Customer Visits.

4. Unit Rental and Sale. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.

5. Change of Use.

1. Only ground floor space may be changed to live/work units.

2. The total floor area of the live/work unit must be at least 800 square feet.

1. At least one resident in the live/work unit must be engaged in an art craft studio activity or in an activity which requires space not typically available in a conventional residential setting.

2. The specific activity a live/work resident will engage in must be stated.

3. The total floor area of the live/work unit must be at least 1,000 square feet.

1. The total floor area of the live/work unit must be at least 1,000 square feet.

2. The live/work unit must meet the location limitations in 23.206.090.B.8 (MU-R Mixed Use-Residential District--Residential Uses). (Ord. 7853-NS § 1, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

1. To approve any Use Permit or AUP for a live/work unit in any district, the review authority must find that the proposed project is consistent with the purpose of this chapter.

2. To approve a Use Permit to establish or change the work use of a live/work unit to medical office or group instruction, the ZAB must find that adequate parking for the use has been provided.

1. There are special circumstances particular to the application which make it appropriate to retain less than 75 percent of the pre-existing residential area as living space within the live/work unit; and

2. The exterior appearance of the live/work unit has been designed to be compatible with adjacent and nearby residential uses.

1. The applicant has made adequate provisions to ensure that within the live/work units, occupants of the live/work units will only engage in the occupations listed in the definition of art/craft studios.

2. Development of such live/work units is not incompatible with adjacent and nearby industrial uses.

3. The applicant has recorded with the County Recorder a statement acknowledging that the live/work unit is being established in a district where manufacturers and other industries operate lawfully and that the applicant will not seek to impede their lawful operation. In addition, the applicant will require any tenants to sign such a statement, and require all persons purchasing live/work units to sign and record such a statement.

1. Establishment of a live/work unit will not interfere with the lawful operation of manufacturers and other industries existing in or adjacent to the district and will not impede the lawful future establishment of manufacturers and other industries permitted under the West Berkeley Plan.

2. The applicant has recorded with the County Recorder a statement acknowledging that the live/work unit is being established in a district where manufacturers and other industries operate lawfully and that he/she will not seek to impede their lawful operation. In addition, the applicant will require any tenants to sign such a statement, and require all persons purchasing live/work units to sign and record such a statement.

3. If the applicant proposes to change one or more dwelling unit to a live/work unit, the elimination of dwelling unit and the change of use would not be materially detrimental to the housing needs and public interest of the affected neighborhood and the city.

4. If the applicant proposes to change a residential unit to a live/work unit and retain less than 75 percent of the pre-existing residential area as living area within the live/work unit:

1. Adjacent Properties. The dwelling units abutting and confronting, as well as above and below, a dwelling unit within which a short-term rental is located.

2. Host. Any owner or tenant host. An owner host is a person who is the owner of record of residential real property, as documented by a deed or other such evidence of ownership, who offers their host residence, or a portion thereof, as a short-term rental. A tenant host is a lessee of residential real property, as documented by a lease or other such evidence, who offers their host residence, or portion thereof, as a short-term rental.

3. Host Present or Host Presence. The host is living in the host residence during the short-term rental period. In the case of a parcel comprised of a single primary unit and one or more authorized accessory dwelling units and/or accessory buildings, the host is considered present if he or she is present in any unit on such parcel.

4. Hosting Platform. A business or person that provides a means through which a host may offer a dwelling unit, or portion thereof, for short-term rentals. A hosting platform is usually, though not necessarily, provided through an internet-based platform. It generally allows a property owner or tenant to advertise the dwelling unit through a website provided by the hosting platform and provides a means for potential short-term rental transients to arrange short-term rentals, whether the short-term rental transient pays rent directly to the host or to the hosting platform.

5. Host Residence. A host’s principal place of residence, as defined by whether the host carries on basic living activities at the dwelling place and, whether such dwelling place is the host’s usual place of return. Motor vehicle registration, driver’s license, voter registration or other evidence as may be required by the City shall be indicia of principal residency.

6. Local Contact. A person designated by the host who shall be available during the term of any short-term rental for the purpose of

7. No Fault Eviction. An eviction pursuant to the Ellis Act or Sections 13.76.130.A.9 or 10 of the Municipal Code.

8. Short-Term Rental. The use of any dwelling unit, authorized accessory dwelling unit or accessory building, or portions thereof for dwelling, sleeping or lodging purposes by short-term rental transients. Excludes tourist hotels and residential hotels.

9. Short-Term Rental Transient or STR Transient. Any person who rents a dwelling unit, authorized accessory dwelling unit or accessory building, or portion thereof, for less than 14 consecutive days.

1. Short-term rentals are allowed in:

2. A short-term rental is not allowed in an accessory dwelling unit permitted after April 3, 2017. (Ord. 7787-NS § 2 (Exh. A), 2021)

1. Owner-Host. An owner-host of a short-term rental must provide the Planning and Development Department documentation of owner-host and host residence status and, if applicable, host presence.

2. Tenant-Host. A tenant-host must provide the Planning and Development Department documentation of lessee status, host residence and host presence, if applicable. In addition, a tenant-host must present written authorization allowing for a short-term rental in the host residence from the building owner or authorized agent of the owner.

1. When the host is present, a short-term rental is allowed for an unlimited number of days during the calendar year.

2. When the host is not present, a unit may be used as a short-term rental for no more than 90 days per calendar year.

1. After the City approvers a Zoning Certificate and Business License for a short-term rental, a host shall notify residents of all adjacent properties that a short-term rental has been established. Notification shall include host and local contact information.

2. A host shall notify residents of all adjacent properties of updated host, local contact, or other information within one week of changes to such information.

1. For the initial enforcement period, while enforcement costs are being determined, the host shall pay an additional enforcement fee in an amount equal to 2 percent of the rents charged by that host, not to exceed the cost of the regulatory program established by this chapter over time.

2. Enforcement fees may be paid by the hosting platform on behalf of the host. After the initial enforcement period, the City Council may revise the enforcement fee by resolution.

1. The Community Noise Ordinance in Municipal Code Chapter 13.40 (Community Noise); and

2. The Smoke-Free Multi-Unit Housing Ordinance in Municipal Code Chapter 12.70 (Smoking Pollution Control).

1. The host shall list on any rental advertisement the Zoning Certificate number.

2. Upon request, the host must provide both the Business License number, if required by Municipal Code Chapter 9.04 (Business Licenses), and Zoning Certificate for the short-term rental to the City and/or a vendor hired by the City to administer this chapter. (Ord. 7787-NS § 2 (Exh. A), 2021)

1. Violation of this chapter is punishable as set forth in Municipal Code Sections 1.20 (General Penalty) and 1.28 (Administrative Citations).

2. Violation of this chapter is a public nuisance subject to abatement under Municipal Code Sections 1.24 (Abatement of Nuisances), 1.26 (Violations Declared Public Nuisance), and 23.414 (Nuisance Abatement).

3. In any enforcement action, the prevailing party is entitled to recover reasonable attorneys’ fees and costs; provided that, pursuant to Government Code Section 38773.5, attorneys’ fees are only available in an action or proceeding in which the City has elected, at the beginning of such action or proceeding, to seek recovery of its own attorneys’ fees. An award of attorneys’ fees to a prevailing party may not exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.

4. Any Berkeley resident may bring a private action for injunctive relief to prevent or remedy a public nuisance. No action may be brought under this subsection unless and until the prospective plaintiff has given the City and the prospective defendant(s) at least 30 days written notice of the alleged public nuisance and the City has failed to initiate proceedings within that period, or after initiation, has failed to diligently prosecute.

5. The following constitute a public nuisance:

6. Notwithstanding any provision of Municipal Code Chapter 13.48 (Civil Penalties for Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events) to the contrary, a public nuisance as defined in this section is subject to remedies in this subsection. (Ord. 7787-NS § 2 (Exh. A), 2021)

1. New multifamily residential projects of five or more dwelling units;

2. New commercial structures; and

3. New industrial structures.

1. Multifamily housing that has a regulatory agreement with a government agency restricting the rent and limiting tenancy to qualifying households not exceeding specified incomes for at least 60 percent of the units.

2. Buildings with religious assembly uses as defined in Chapter 23.502 (Glossary) and buildings with arts and cultural uses. For purposes of this section, "arts and cultural use" means buildings that have as their primary purpose the presentation of one or more cultural resources, and that are operated by public entities or nonprofit organizations dedicated to cultural activities available to a broad public.

3. Transitional housing. (Ord. 7787-NS § 2 (Exh. A), 2021)

1. Artist. An individual independent professional practitioner of the visual, performing, or literary arts, as judged by educational qualifications, a history of creating a body of public or publicly-displayed artwork, critical recognition in publications or online, a record of exhibitions and/or artwork sales. Members of the design team are not artists for on-site publicly accessible art projects. Individuals who have a conflict of interest, including a familial or financial relationship to the developer or design team, are not artists for on-site publicly accessible art projects.

2. Construction Cost. The amount determined by the Chief Building Official for purposes of setting the building permit fee in accordance with the most recent building valuation date specified in the building permit fees section of the resolution establishing fees and charges as adopted by the City Council.

3. Developer. A person or entity that is financially and legally responsible for the planning, development and construction, or maintenance and operation of any project subject to this chapter.

4. On-Site Publicly Accessible Art. An original work by an artist, including, but not limited to, functional art integrated into the building, landscape, or element of infrastructure, including sculpture, monument, mural, painting, drawing, photography, fountain, banner, mosaic, textile, art glass, digital media art, video, earthworks and multi-media installation, that is in a location that is accessible to and available for use by the general public during normal hours of business operation consistent with the operation and use of the premises.

5. Guidelines. The guidelines adopted by the City Council pursuant to Section 23.316.070 (Administrative Regulations (Guidelines)).

1. Before construction, the applicant shall identify and secure all applicable permits from the Building and Safety Division, Public Works Department and other affected City divisions and departments.

2. The process for identifying and securing required permits shall be set forth in the Guidelines. (Ord. 7787-NS § 2 (Exh. A), 2021)

1. Sales and/or donations of urban agricultural products grown and produced on-site are permitted.

2. If selling or donating urban agricultural products to the public, the urban agriculture use shall comply with all applicable food safety laws, including the California Health and Safety Code.

1. Garbage and compost receptacles must be screened from the street and adjacent properties by utilizing landscaping, fencing, or storage structures and all garbage shall be removed from the site weekly.

2. Compost piles and containers must be set back at least 10 feet from residential buildings when an urban agriculture use abuts a residential use.

1. Heavy equipment may be used initially to prepare the land for agriculture use.

2. Landscaping equipment designed for household use is permitted.

3. Equipment when not in use must be enclosed or otherwise screened from sight. (Ord. 7787-NS § 2 (Exh. A), 2021)

1. A medical cannabis dispensary (M-Retailer) existing and authorized as of January 1, 2010 that does not comply with this section may continue at its current medical cannabis dispensing location as a legal nonconforming use.

2. Notwithstanding Chapter 23.324 (Nonconforming Uses, Structures, and Buildings) or the regulations in this section, the Zoning Officer may approve an AUP to allow the expansion of a lawful nonconforming medical cannabis dispensary onto an adjacent parcel.

1. A cannabis retailer in good standing with state and City regulations, including obtaining all necessary licenses and full payment of all fees and with no outstanding violations, may seek approval for a change in location.

2. An application for a change of location shall be evaluated based on the requirements to operate a cannabis business effective at the time of the proposed change.

1. A storefront retailer is permitted in Commercial Districts with a Zoning Certificate, and must maintain compliance with Municipal Code Chapters 12.21 (Cannabis Business: General Regulations) and 12.22 (Cannabis Business Operating Standards) and security regulations promulgated by the Chief of Police.

2. A storefront retailer shall be approved through the selection process described in Municipal Code Section 12.22.020 (Selection Process).

3. Up to seven storefront retail permits may be issued, one of which is reserved for an equity candidate as defined in Municipal Code Section 12.22.020 (Selection Process). This limit to the number of storefront retailers shall not be reconsidered for a period of three years from March 15, 2020.

4. Expansion of an approved storefront retailer must comply with the development standards for the zoning district in which it is located.

5. Storefront retailers may operate as a retail storefront microbusiness as defined in Municipal Code Chapter 12.21 (Cannabis Business: General Regulations) subject to obtaining all required state and local licenses.

6. Buffers.

1. Seven delivery-only retailers are permitted citywide, four of which shall be operated by an equity business, and three of which shall be a non-equity business.

2. A delivery-only retailer shall be approved through the selection process described in Municipal Code Section 12.22.020 (Selection Process).

3. Delivery-only retailers are permitted with a Zoning Certificate in all Commercial Districts other than the C-N district.

4. Delivery-only retailers are permitted in the Manufacturing (M) district, shall be evaluated and regulated for zoning purposes in the same way as a warehouse-based non-store retailer, and shall be subject to the numeric and buffer requirements in this section for delivery-only retailers.

5. A delivery-only retailer may not be located within 300 feet of any school or City-operated community center or skate park.

6. A delivery-only retailer may not be located in a street-fronting tenant space in a Commercial District.

1. A Lounge, as defined in Municipal Code Section 12.21.020 (Definitions), may be permitted at an approved retailer with a Use Permit.

2. A Lounge must comply with the operational standards established by the City of Berkeley Department of Health, Housing and Community Services. (Ord. 7787-NS § 2 (Exh. A), 2021)

1. Commercial cannabis cultivation shall comply with Municipal Code Chapter 12.22 (Cannabis Business Operating Standards), security measured required by the Chief of Police, and the requirements of this chapter.

2. Commercial cannabis cultivation may include testing, processing, manufacturing, and food preparation only to the extent expressly permitted by MAUCRSA.

1. Commercial cannabis cultivation shall only occur at licensed cannabis businesses.

2. Cannabis may not be dispensed and client, patient or member services and retail sales are not permitted at cannabis cultivation facilities.

1. The total citywide canopy area of cannabis cultivation facilities may not exceed 180,000 square feet.

2. The total citywide canopy area of all minor cannabis cultivation facilities may not exceed 48,000 square feet plus any area not used by a major cannabis cultivation facility.

1. No more than six major cannabis cultivation facilities are permitted.

2. A major cannabis cultivation facility may not be approved until the City Council adopts licensing process and standards for such uses.

3. Adopted standards shall require indoor cultivation uses to offset the net increased energy used as compared to a regular industrial facility.

4. Adopted standards also may include whether:

1. In cases where the development standards and permit thresholds for two or more uses are different, the more restrictive standards apply.

2. Retail nursery microbusinesses are subject to 23.320.050.C (Retail Nursery Microbusinesses).

1. A used in this section, "existing nursery" means a legally established plant nursery in Berkeley established as of March 15, 2020.

2. Up to two existing nurseries may convert to a retail nursery microbusiness. Retail nursery microbusinesses are not subject to the numeric or canopy limitations of other retailers or cannabis cultivators.

3. In a Commercial or Manufacturing District, an existing nursery may convert to a retail nursery microbusiness by right with a Zoning Certificate if each use conducted on the premises complies with the applicable development standards in the Zoning Ordinance.

4. In a Residential District, an existing nursery may convert to a retail nursery microbusiness with a Use Permit for a substantial expansion or change in character to a non-conforming use as provided in Chapter 23.324 (Nonconforming Uses, Structures, and Buildings).

5. The City shall issue the Zoning Certificates and/or Use Permits to existing nurseries on a first-come, first-served basis.

6. The City shall determine the right to retain the allocated Zoning Certificates and/or Use Permits as follows:

7. The 600-foot buffer required between cannabis retailers in 23.320.020 (Cannabis Retail) does not apply between a storefront cannabis retailers and a retail nursery microbusiness. (Ord. 7787-NS § 2 (Exh. A), 2021)

1. A new building is constructed or moved onto a lot; and

2. A new use is established where no use previously existed.

1. Where an existing use or structure is enlarged or intensified, but where there is no change in use, additional off-street parking and loading is required to serve only the enlarged or intensified area. Additional parking is not required to remedy parking deficiencies existing before the expansion or enlargement.

2. As used in this section, enlarging or intensifying a use or structure includes, but is not limited to adding or creating floor area, dwelling units, guest rooms, seats, or employees.

1. Commercial Districts. In the Commercial Districts, off-street parking is required for a change in use only when the structure is expanded to include new floor area.

2. Manufacturing and R-SMU Districts.

3. All Other Residential Districts. In all Residential Districts except for R-SMU, off-street parking spaces are required for all changes in use.

1. Spaces Required. Table 23.322-1 shows minimum required off-street parking spaces in the Residential Districts.

2. Other Uses. If a use requires an AUP or Use Permit and is not listed in Table 23.322-1, the review authority shall determine the required number of off-street parking spaces based on the amount of traffic generated by the use and the number of spaces required for other similar uses.

3. Offices.

4. ES-R Parking Requirement.

1. Spaces Required. Table 23.322-2 shows minimum required off-street parking spaces in the Commercial Districts, excluding the C-T district.

2. Exemptions. Table 23.322-3 shows projects and land uses in the Commercial Districts that are exempt from parking requirements. No Use Permit or other discretionary approval is required for these exemptions.

3. C-T District.

4. C-W District.

1. Spaces Required.

2. Table 23.322-4 shows minimum required off-street parking spaces in the Manufacturing Districts.

3. Required Parking Determined by Zoning Officer or ZAB.

1. Fractional Spaces. When calculating the number of required off-street parking spaces results in a fractional space, any fraction below one-half is disregarded, and fractions one-half and above are counted as requiring one parking space.

2. Employees. Where a parking requirement is based on the number of employees, the number of employees is based upon the shift or employment period when the greatest number of employees are present.

3. Floor Area.

1. When a building contains two or more uses, the total required number of off-street parking spaces is the sum of the requirements for each use computed separately.

2. A required off-street parking spaces for one use may not provide required off-street parking spaces for any other use except as allowed by Section 23.322.040.D (Joint Use of Parking).

1. Unless otherwise allowed by this chapter, parking spaces serving an existing use may not be reduced below the number of spaces required by this section. If an existing use has fewer parking spaces than required by this section, the number of spaces serving the use may not be further reduced.

2. In Non-Residential Districts, off-street parking spaces provided in conjunction with a use or structure existing on October 1, 1959, on the same property or on property under the same ownership, may not be reduced below, or if already less than, may not be further reduced below, the requirements of this chapter for a similar use or structure.

3. Existing parking spaces in a non-residential district may be removed to meet ADA compliance or traffic engineering standards.

1. General.

2. C-DMU District. Paying an in-lieu fee to reduce or waive required off-street parking in the C-DMU district requires a Use Permit. To approve the Use Permit, the ZAB must find that the applicant will pay an in-lieu fee to a fund established by the City that provides enhanced transit services. (Ord. 7983-NS § 12, 2025; Ord. 7957-NS § 12, 2025; Ord. 7955-NS § 30, 2025; Ord. 7945-NS §§ 8, 9, 2024; Ord. 7888-NS §§ 10--12, 2023; Ord. 7882-NS §§ 20, 21, 2023; Ord. 7835-NS § 9, 2022; Ord. 7815-NS § 13, 2022; Ord. 7810-NS § 12, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

1. The City may issue a Zoning Certificate or approve an AUP or Use Permit only for a use or structure that complies with this chapter.

1. Number of Spaces. See Section 23.322.050 (Parking Reductions) for allowed reductions to the number of required off-street parking spaces.

2. Other Requirements.

1. Minimum Distance for Use or Structure.

2. C-DMU District. Required off-street parking spaces may be provided on-site or off-site and within 800 feet of the use it serves. Off-site spaces may be more than 800 feet from the use with an AUP.

3. Ownership. If a required off-street parking space is located on a different lot from the structure or use it serves, the parking space must be either:

1. All Districts. The Zoning Officer may approve an AUP to allow two uses to share parking spaces and satisfy their off-street parking requirement with a Joint Use Agreement. To approve the AUP, the Zoning Office must find that:

2. Offices in R-4 and R-5 Districts. The ZAB may approve a Use Permit to allow offices in the R-4 or R-5 district to share parking spaces with a multi-family use. To approve the Use Permit, the ZAB must find that:

3. Deed Restriction. A property with joint-use parking spaces shall record a deed restriction as provided in Section 23.322.040.F (Deed Restrictions).

1. Non-Residential Districts. In Non-Residential Districts, the following requirements apply to required parking spaces not on the property where the use is located.

2. CW District. If the use or structure served by off-site parking is within a designated node in the C-W district, the off-site parking spaces must also be located within the same designated node.

1. If a required off-street parking space is located off-site or in a joint use agreement, a statement shall be recorded in the Office of the County Recorder that restricts the use of the property and designates the off-street parking that is to serve the other property.

2. The deed restrictions shall state that the property cannot be used so as to prevent the use of the parking requirements of the City, unless the restriction is removed by the City.

3. Upon submission of satisfactory evidence either that other parking space meeting the parking requirements has been provided or that the building or use has been removed or altered in use so as to no longer require the parking space, the City of Berkeley shall remove the restriction from the property.

1. Permit Required. A Use Permit is required to remove parking spaces as follows:

2. Findings. To approve the Use Permit in the R-S, R-SMU, and C-T districts, the ZAB must find that the parking reduction is consistent with the purposes of the district and meets the findings in Section 23.322.050.B (Findings). No additional findings are required in the C-SO and C-NS districts.

1. A lawfully established use that does not provide the required number of off-street parking spaces may be continued and maintained if there is no increase in the area, space, or volume occupied by or devoted to the use, except as allowed by Paragraph (2) below.

2. A single-family detached structure that does not provide the required number of off-street parking spaces may be increased by a cumulative total of up to 200 square feet over the floor area that existed on June 6, 2010 if:

1. Residential projects in the R-S, R-SMU, and C-T districts that are constructed without parking.

2. Projects in the C-DMU district with residential units or group living accommodation units, including units converted from a non-residential use. (Ord. 7787-NS § 2 (Exh. A), 2021)

1. Building Expansions.

2. Change of Use.

3. Non-Residential Uses in Main Residential Building.

4. Residential Uses in Mixed-Use Buildings.

5. Exclusive Residential Uses.

6. Commercial Uses in Mixed-Use Building.

7. All Uses in Mixed-Use Building.