11.56.030 Policies.
A. Meadow. That area of the Berkeley Waterfront bounded by the freeway on the east, by the south sailing basin on the south, by Marina Boulevard on the west, and by the north sailing basin and by the northern edge of Virginia Street (as extended West to the Bay) on the north, commonly known as the Meadow, shall be retained as open space, except as provided in subsection C, 4 below. Open space uses which do not require the construction of structures on the Meadow may be allowed on the Meadow, provided that such uses are consistent with the findings, purposes, and policies stated above, and provided further that any adverse environmental impacts be satisfactorily mitigated on site.
B. Brickyard and Beach. That peninsular portion of the Berkeley Waterfront south of the Meadow to Emeryville, commonly known as the Brickyard, and that the water’s-edge portion of the waterfront south of University Avenue, commonly known as the Berkeley Beach, shall be retained as open space, except that a nature interpretive center of no more than one story, with a height of no more than twenty feet above current ground level, and with an area of no more than five thousand square feet of floor space may be constructed on the Brickyard. Open space uses which do not require the construction of structures on the Brickyard and Beach may be allowed on the Brickyard and Beach, provided that such uses are consistent with the findings, purposes, and policies stated above, and provided further that any adverse environmental impacts be satisfactorily mitigated on site.
C. North Basin Strip and Horse Barns.
1. That portion of the Berkeley Waterfront north of the Meadow, east of the Bay and south of Gilman Street, commonly known as the North Basin Strip; and that portion of the Berkeley Waterfront north of Gilman Street, east of the Bay, and south of the Albany city line, commonly known as the Horse Barns area, shall be designated for development.
2. The total amount of development allowed in this area may not exceed five hundred sixty-five thousand square feet. No building may be constructed which exceeds two stories, or which exceeds twenty-five feet above the current (1986) ground level, except that up to fifty thousand square feet of this amount of development may be placed in a third story, in a building or buildings not to exceed thirty-five feet in height above the current (1986) ground level, if the appropriate City Design Review Board determines that a plan which includes such increase in height is desirable both for aesthetic reasons and to carry out the policies set forth above. Permitted uses in this area are limited to the categories of uses for this area set forth in the draft Waterfront Specific Plan of May 9, 1986, (which categories include lodgings, conference center, restaurants, retail shops, recreational uses, and open space uses) plus buildings appurtenant to any open space use of the Meadow or Brickyard.
3. The above-described development may be allowed only if the landowner or developer establishes that any adverse environmental impacts, including, but not limited to, those described in the June 1986 draft Environmental Impact Report, including, but not limited to, traffic, geology, wetlands, and endangered-species problems, will be satisfactorily solved or mitigated. Any adverse impacts as to wetlands shall be mitigated on property within the Berkeley Waterfront, as defined above.
4. If the landowner or developer demonstrates to the City’s satisfaction that it is economically and legally infeasible to place all the development described in subsection C, 2, above, in a location north of Virginia Street (as extended westward), then the City may permit some of that development to be situated south of Virginia Street (as extended westward) provided: (1) that the amount of development (including structures and parking) located south of Virginia Street shall be kept to a minimum; (2) that any such development south of Virginia Street may occupy a site of no more than twelve acres of land; (3) that this development shall be located as far north and as far east on the Meadow as possible, and shall not encroach on that portion of the Meadow which is west of the North Basin Strip shoreline, if that line were extended due south to University Avenue; and (4) that the above-described development may be allowed only if the landowner or developer establishes that any adverse environmental impacts, including, but not limited to, those described in the June 1986 draft Environmental Impact Report, including, but not limited to, traffic, geology, wetlands, and endangered-species problems, will be satisfactorily solved or mitigated. Any adverse impacts as to wetlands shall be mitigated on property within the Berkeley Waterfront, as defined above.
"Economically and legally infeasible" is defined as follows: the landowner or developer must establish that there was a lease between it and the Pacific Racing Association which existed as of January 1, 1986; that said lease did and does render it legally and financially infeasible to construct the approved development on the North Basin Strip north of Virginia Street, that the lease represents the sole reason for any inability to develop prior to the lease’s expiration date, and that said lease cannot reasonably be modified at a reasonable cost. "Reasonable cost" means that the cost or fair market value of modifying the lease, as determined by the City, is such that it would not make the contemplated construction north of Virginia Street financially infeasible.
"To the City’s satisfaction", as used in this subsection, is defined as follows: the City Council must find, by a vote of more than two-thirds of the councilmembers, based on a preponderance of the evidence, that such development in this location is necessary to carry out the purposes and polices of this Chapter. (Ord. 5788-NS § 3, 1986)