22.12.070 New commercial construction--Conversions or additions of commercial space--Major change of commercial use--Removal of off-street parking in the C-1, C-1A, C-1B and C-1C districts.
A. Use permits shall be required for:
1. Construction of new commercial structures;
2. Conversion or addition of commercial space;
3. Removal of more than three off-street parking spaces;
4. Any new or change of retail or commercial use involving more than two thousand gross square feet of floor area in C-1A, C-1B, and C-1C districts; and
5. Any new or change of retail or commercial use involving more than seven thousand five hundred gross square feet of floor area in C-1 districts.
B. A use permit may not be granted until, after a duly called and noticed public hearing, the Board of Adjustments of the City of Berkeley, or the City Council on appeal, after considering the impact on the surrounding neighborhoods and in the circumstances of the particular case, finds all of the following:
1. That the establishment, maintenance or operation of the structure, space, or use for which the use permit is being applied for will not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of the proposed building structure, space, or general use(s) or to the general welfare of the City.
2. That the removal of more than three off-street parking spaces or the establishment, maintenance, or operation of the structure, space, or use for which the use permit is being applied for will not result in any of the following:
(a) Significantly increase the amount of auto traffic, congestion, or auto-related pollution; or
(b) Exceed the amount and intensity of use that can be reasonably and safely served by available traffic and parking capacity; or
(c) Represent a building scale, intensity of use, or design that will not appropriately harmonize with other structures in the area; or
(d) Represent the type of commercial use that, because it generates a high amount of traffic and parking demand, should be more appropriately located in the central business district; or
(e) Represent a general use or design that conflicts with the establishment of a pedestrian-oriented retail frontage shopping environment.
3. That the establishment, maintenance, or operation of the major retail or commercial use applied for will not contribute to the displacement of essential local-service businesses or services that have as their primary customers nearby Berkeley residents.
4. That the developer, owner and any existing or prospective tenants of the commercial property involved have read and understood the zoning regulations that apply to the specific commercial district in which the property is located. (Ord. 5506-NS § 7, 1982)