23.204.120 C-SO Solano Avenue Commercial District

23.204.120 C-SO Solano Avenue Commercial District.

A. District Purpose. The purpose of the Solano Avenue Commercial (C-SO) district is to:

1. Implement the General Plan’s designations for Community Commercial and Commercial Service areas;

2. Maintain a scale and balance of commercial activity on Solano Avenue that will:

(a) Enhance the surrounding neighborhood and serve its residents;

(b) Encourage the location of businesses on Solano Avenue that serve the everyday needs of local residents;

(c) 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;

(d) 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;

(e) 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; and

(f) Ensure that all construction, alterations, or additions to buildings will be in functional and aesthetic harmony with adjacent buildings and areas; and

(g) Protect local residents from commercial noise, offensive odors and parking and traffic problems.

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Automatic Teller Machines (ATM). A maximum of two exterior ATMs are allowed per bank establishment and only when off-street parking is provided.

C. Additional Permit Requirements. See Section 23.204.030 (Additional Permit Requirements).

1. Basic Standards. See Table 23.204-33: C-SO Development Standards. For residential-only projects, see also Table 23.204-34: C-SO Setback and Building Separation Standards for Residential-Only Uses and Table 23.204-35: C-SO Lot Coverage Standards for Residential-Only Uses.

Table 23.204-33. C-SO DEVELOPMENT STANDARDS
	Project Land Use			Supplemental Standards
	Non-Residential and Mixed Use	Mixed-Use [1]	Residential Only [1]	Supplemental Standards
Lot Area, Minimum
New Lots	No minimum		5,000 sq. ft	23.304.020– Lot Requirements
Per Group Living Accommodation Resident	350 sq. ft. [2]
Usable Open Space, Minimum				23.304.090– Usable Open Space
Per Dwelling Unit	40 sq. ft. [4]		200 sq. ft.
Per Group Living Accommodation Resident	No minimum		90 sq. ft.
Floor Area Ratio, Maximum	2.0		No maximum
Main Building Height, Minimum	No minimum
Main Building Height, Maximum	28 ft. and 2 stories			23.304.050– Building Height
Lot Line Setbacks, Minimum				23.304.030– Setbacks
Abutting/Confronting a Non-residential District	No minimum		See Table 23.204 34
Abutting/Confronting a Residential District	See 23.304.030.C.2		See Table 23.204 34
Building Separation, Minimum	No minimum [3]		See Table 23.204 34	23.304.040– Building Separation in Residential Districts
Lot Coverage, Maximum	100%		See Table 23.204 35	23.304.120– Lot Coverage

[1]For mixed use and residential only projects, development standards included in this table may be modified. See 23.204.120(D)(3).

[2]One additional resident is allowed for remaining lot area between 200 and 350 square feet.

[3]For mixed-use projects, minimum building separation shall be as required for residential-only projects

[4]No dimension may be less than 6 feet.

Table 23.204-34. C-SO SETBACK AND BUILDING SEPARATION STANDARDS FOR RESIDENTIAL-ONLY USES
	STANDARDS BY BUILDING STORY			SUPPLEMENTAL STANDARDS
	1ST	2ND	3RD	SUPPLEMENTAL STANDARDS
Lot Line Setbacks, Minimum [1]				23.304.030– Setbacks
Front	15 ft.	15 ft.	15 ft.
Rear	15 ft.	15 ft.	15 ft.
Interior	4 ft.	4 ft.	6 ft.
Street Side	6 ft.	8 ft.	10 ft.
Building Separation, Minimum [1]	8 ft.	12 ft.	16 ft.	23.304.040– Building Separation in Residential Districts

[1]For mixed use and residential-only projects, development standards included in this table may be modified. See 23.204.120(D)(3).

Table 23.204-35. C-SO LOT COVERAGE STANDARDS FOR RESIDENTIAL-ONLY USES
	STANDARD BASED ON BUILDING HEIGHT			SUPPLEMENTAL STANDARDS
	1 STORY	2 STORIES	3 STORIES	SUPPLEMENTAL STANDARDS
Lot Coverage, Maximum [1]				23.304.120– Lot Coverage
Interior and Through Lots	45%	45%	40%
Corner Lots	50%	50%	45%

[1]For mixed use and residential-only projects, development standards included in this table may be modified. See 23.204.120(D)(3).

2. Lots Abutting or Confronting a Residential District. See 23.304.130 (Non-residential Districts Abutting a Residential District) for additional building feature requirements for lots that abut or confront a Residential District.

3. Modification to Standards –Mixed Use and Residential-Only Projects. The ZAB may modify development standards in Table 23.204-33, Table 23.204-34, and Table 23.204-35 for a mixed-use or residential-only project with a Use Permit upon making one of the following findings:

(a) The modification will encourage public transit utilization and existing off-street parking facilities in the area of the proposed building.

(b) The modification will facilitate the construction of residential or tourist hotel uses where appropriate.

(c) The modification will permit consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose.

4. Ground Floor Residential Uses. A ground floor residential uses shall be setback at least 320 feet from a street side property line.

(a) Bay windows and balconies 11 feet or more above the sidewalk grade may project 3 feet into a street right-of-way.

(b) A maximum 60 percent of the length of a building frontage may project beyond the property line.

6. Limitations Adjacent to a R District. The following requirements apply to commercial uses adjacent to a residential district or fronting any street other than Solano Avenue.

(a) All openings other than fixed windows and required fire exits must be setback at least 50 feet from any property located in an Residential District to reduce noise and odor problems in residential areas.

(b) Customer use of rear or side exits which open onto residential streets (with the exception of emergency access) is not permitted.

(c) Garbage and recycled materials may not be placed for collection on residential streets from storage areas located at the rear of any building. All such materials shall be stored in an enclosed area for health and sanitation reasons.

(d) Deliveries to non-residential establishments from residential streets are not permitted.

E. Permit Findings. To approve an AUP or Use Permit for a project in the C-SO district, the review authority must make the findings in Section 23.406.040 (Use Permits) and find that the proposed use or structure:

1. Encourages and maintains the character of the street frontage and pedestrian orientation of the district;

2. Is compatible in design and character with the district and the adjacent residential neighborhood;

3. Is compatible with the purposes set forth in this set of regulations and the existing character of Solano Avenue;

4. Does not interfere with the continuity of retail or compatible service facilities at the ground level, or interrupt a continuous wall of building facades; and

5. Does not generate traffic and parking demand to significantly increase impacts on adjacent residential neighborhoods. (Ord. 7890-NS §§ 17, 18, 2023: Ord. 7787-NS § 2 (Exh. A), 2021)