23.204.150 C-AC Adeline Corridor Commercial District

23.204.150 C-AC Adeline Corridor Commercial District.

A. District Purpose. The purpose of the Adeline Corridor Commercial (C-AC) district is to:

1. Implement the General Plan’s designation for Adeline Corridor Mixed Use area, as well as the policies of the Adeline Corridor Specific Plan;

2. Preserve the unique character and cultural legacy of the Adeline Corridor, sustaining the community as a place where all people can live, work, play, learn, worship, dine, shop and thrive;

3. Promote equitable access to housing by preserving existing affordable housing, preventing displacement, and producing a substantial number of new affordable housing units;

4. Foster economic opportunity for South Berkeley residents and businesses by facilitating job training and workforce development, active community spaces, and a thriving environment for commerce along the Adeline Street/South Shattuck Corridor;

5. Provide safe, equitable transportation options that meet the mobility needs of all residents, regardless of age, means and abilities, and that further the attainment of greenhouse gas emission reduction goals;

6. Provide safe, sustainable, beautiful, healthy, and inclusive public spaces that encourage social interaction, provide opportunities for recreation and environmental health, and support active community life in South Berkeley;

7. Encourage development and amenities that support pedestrian-oriented uses; and

8. Maintain and encourage a wide range of community and commercial services, including basic goods and services. Provide locations for both community-serving and regional-serving: businesses, cultural and religious institutions, and non-profit organizations.

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

(a) In all mixed use buildings, all stories above the second story shall be used for residential uses.

(b) All mixed use developments require a Use Permit.

(a) Commercial and Active Commercial Required. In addition to other requirements of the C-AC district, the first 30 feet of depth of the ground floor, as measured from the frontage which abuts the portions of Adeline Street, Shattuck Avenue, MLK, Jr. Way or Ashby Avenue identified in Table 23.204-42: C-AC Permitted Ground Floor Uses shall be reserved for either Active Commercial Uses, or for commercial uses. Ground floor tenant spaces with frontages on streets not identified below can be used for any use permitted in the district.

Table 23.204-42. C-AC PERMITTED GROUND FLOOR USES
AREA	PERMITTED GROUND FLOOR USE
Shattuck Avenue between Dwight and Derby	Commercial Uses
Shattuck between Ward and Russell	Active Commercial Uses
Adeline between Russell and City boundary
Ashby, east of Adeline
North side of Ashby, west of Adeline

(b) Active Commercial Uses Defined. Active Commercial uses are commercial uses which generate regular and frequent foot traffic. Uses include businesses in the following use categories: Retail Sales; Personal and Household Services; Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses; and the following uses: Banks and Financial Services, Retail, and Vehicle Parts Stores.

(c) Active Commercial Exceptions with Zoning Certificate. The following uses are permitted on the ground floor in areas designated Active Commercial with a Zoning Certificate:

i. Office uses in tenant space 2,500 sf or less in area and 50 feet or less in width;

ii. Residential amenities (2,500 sf or less in area and 50 feet or less in width), associated with a residential use.

(d) Active Commercial Exceptions with AUP. The following uses are permitted on the ground floor in areas designated Active Commercial with an AUP:

i. Office uses over 2,500 square feet in area or 50 feet in width.

ii. Art/Craft Studio.

(e) Affordable Residential Projects Allowed. Residential uses where at least 50 percent of the units are affordable are permitted on the ground floor in areas designated commercial with an AUP.

(f) Live/Work Units Prohibited. Live/Work units are not permitted on the ground floor in areas designated Active Commercial or commercial.

4. Alcoholic Beverage Retail Sales. The sale of distilled alcoholic beverages is not permitted along Adeline Street, south of Ashby Avenue.

C. Additional Permit Requirements. See Section 23.204.030--Additional Permit Requirements.

D. Adeline Corridor Specific Plan Subareas. The Adeline Corridor Specific Plan identifies four distinct subareas which have different physical characteristics and contexts. Different use limitations and development standards may apply to these subareas. See the Adeline Corridor Specific Plan for more specific information about each subarea.

1. South Shattuck: Parcels that have a frontage abutting Shattuck Avenue.

(a) West of Adeline: Parcels located between Derby Street and Ashby Avenue, which do not front Shattuck Avenue.

(b) East of Adeline: Parcels located entirely between Russell Street and the point 110 feet south of Essex Street.

(a) West of Adeline: Parcels bounded by Ashby, MLK Jr. Way and Adeline.

(b) East of Adeline: Parcels located entirely between Tremont, Woolsey and Adeline, and at least 110 feet south of Essex.

4. South Adeline: Parcels located south of Woolsey Street.

1. Basic Standards. See Table 23.204-43: C-AC South Shattuck Subarea Development Standards, and Table 23.204-44: C-AC North and South Adeline Subarea Development Standards.

2. Affordability Calculation. Development standards are based on the percentage of affordable units and shall not exceed the requirements for each subarea. The minimum on-site affordable housing requirement applies to all residential and mixed use projects and must be provided as a mix of 50 percent at Low Income and 50 percent at Very Low Area Median Income (AMI) levels.

3. Ashby BART Subarea. Development standards for any future development in the Ashby BART area would be subject to process outlined in the MOU with BART and AB 2923.

4. Parapet Walls. For roofs with parapet walls, building height is measured to the top of the roof. Parapets may exceed the height limit by up to 5 feet as of right.

(a) Setbacks. The following standards supersede requirements in Section 23.304.030.C.2.--Setbacks (Lots Adjacent to Residential Districts).

i. When a lot confronts a residentially-zoned lot, any portion of new construction that exceeds 45 feet in height shall be setback 10 feet from the front property line.

ii. When a lot abuts a residentially-zoned lot, the setback shall be 10 feet from the shared lot line.

iii. When a lot abuts a residentially-zoned lot, any portion of new construction that exceeds 35 feet in height shall be setback 20 feet from the shared lot line.

(b) Building Features. See Section 23.304.130--Non-Residential Districts Abutting a Residential District for building feature requirements for lots that abut or confront a Residential District.

Table 23.204-43. C-AC SOUTH SHATTUCK SUBAREA DEVELOPMENT STANDARDS
	PROJECT LAND USE [5]							SUPPLEMENTAL STANDARDS
	Residential and Mixed Use Tier 1 (Less than 14% affordable housing)	Residential & Mixed Use Tier 2 (14% affordable housing)	Residential & Mixed Use Tier 3 (21% affordable housing)	Residential & Mixed Use Tier 4 (25% affordable housing)	Residential & Mixed Use (100% affordable housing)	Group Living Accommodation	Non-Residential	SUPPLEMENTAL STANDARDS
Lot Area Minimum								23.304.020--Lot Requirements
New Lots	No minimum					350 sq. ft.
Per Group Living Accommodation Resident	N/A					350 sq. ft. [1]
Usable Open Space, Minimum [3]	40 sq. ft
Per Dwelling Unit/GLA Resident [4]	40 sq. ft.							23.304.090--Usable Open Space
Floor Area Ratio, Maximum	2.5	4.0	5.0	5.5	5.5	2.5	2.5
Main Building Height, Maximum	4 stories 45 feet	6 stories 65 feet	7 stories 75 feet	8 stories 85 feet	8 stories 90 feet	4 stories 45 feet	4 stories 45 feet	23.304.050--Building Height
Residential Density, Maximum (du/acre) [2]	120	210	250	300	300	1 GLA resident per 350 sf of lot area	N/A
Lot Line Setbacks, Minimum								23.304.030--Setbacks
Abutting/Confronting a Non-residential District	No minimum
Abutting/Confronting a Residential District	See 23.204.150(E)
Building Separation, Minimum	No minimum
Lot Coverage, Maximum								23.304.120--Lot Coverage
Interior Lot	60%	90%	90%	90%	90%	60%	100%
Corner Lot	70%	90%	90%	95%	95%	70%	100%

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

[2]For the purposes of calculating the State Density Bonus the Tier 1 density shall constitute the maximum allowable gross residential density. Tier 2, 3, and 4 density is authorized as a local density bonus under Government Code section 65915(n).

[3]An AUP may be granted to reduce useable open space requirements if shown to be necessary to build an all-electric building.

[4]Each square-foot of open space that is designated as publicly accessible open space shall be counted as two square-feet of required on-site open space.

[5]Affordable units calculated as percentage of total units.

Table 23.204-44. C-AC NORTH AND SOUTH ADELINE SUBAREA DEVELOPMENT STANDARDS
	Project Land Use							Supplemental Standards
	Residential and Mixed Use Tier 1 (Less than 14% affordable housing)	Residential & Mixed Use Tier 2 (14% affordable housing)	Residential & Mixed Use Tier 3 (21% affordable housing)	Residential & Mixed Use Tier 4 (25% affordable housing)	Residential & Mixed Use (100% affordable housing)	Group Living Accommodation	Non-Residential	Supplemental Standards
Lot Area Minimum								23.304.020-Lot Requirements
New Lots	No minimum
Per Group Living Accommodation Resident	N/A					350 sq. ft. [1]	N/A
Usable Open Space, Minimum [3]	40 sq. ft.
Per Dwelling Unit/GLA Resident [4]	N/A					40 sq. ft.		23.304.090-Useable Open Space
Floor Area Ratio, Maximum	2.0	3.5	4.0	5.0	5.0	2.5	2.8
Residential Density, Maximum (du/acre) [2]	100	150	210	250	250	1 GLA resident per 350 sf of lot area	N/A
Main Building Height, Maximum	3 stories 35 feet	5 stories 55 feet	6 stories 65 feet	7 stories 75 feet	7 stories 80 feet	4 stories 45 feet	3 stories 45 feet
Lot Line Setbacks, Minimum
Abutting/Confronting a Non-residential District	No minimum							23.304.030- Setbacks
Abutting/Confronting a Residential District	10 ft 20 ft from any shared lot line for any portion exceeding 35 feet 45 ft from front property line for any portion exceeding 45 feet						N/A	23.304.030- Setbacks 23.204.150.E.5
Building Separation, Minimum	No minimum							23.304.040- Building Separation in Residential Districts
Interior Lot	60%	90%	90%	90%	90%	60%	100%
Corner Lot	70%	90%	90%	95%	95%	70%	100%
Lot Coverage, Maximum	100%

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

[2]For the purposes of State Density Bonus calculation, the Tier 1 density is the maximum allowable gross residential density. Tier 2, 3, and 4 density is authorized as a local density bonus under Government Code section 65915(n).

[3]An AUP may be granted to reduce useable open space requirements if shown to be necessary to build an all-electric building.

[4]Each square-foot of open space that is designated as publicly accessible open space shall be counted as two square-feet of required on-site open space.

[5]Affordable units calculated as percentage of total units.

1. Adeline Corridor Specific Plan. New buildings and additions shall be reviewed for conformance to the design guidelines in the Adeline Corridor Specific Plan.

(a) All New Buildings. Except as set forth below, ground floor frontages of all new buildings are subject to the following design standards:

i. Blank walls along the ground floor shall be less than 30 feet in length along sidewalks, pedestrian paths, or open space.

ii. Ground floors shall have a minimum floor to floor height of 12 feet.

iii. Facades shall provide at least 30 percent transparency between 3 and 10 feet above grade (doors and transparent windows) to allow maximum visual interaction between the sidewalk areas and building interiors. Dark or mirrored glass will not satisfy this requirement.

iv. Window glazing shall provide a high degree of light transmittance and be non-reflective.

(b) Active Commercial Areas. Ground floor frontages in areas identified as Active Commercial in Table 23.204-42 shall meet the requirements of 23.204.150(F)(2)(a) except:

i. Ground floors shall have a minimum floor to floor height of 15 feet and a minimum floor to ceiling height of 12 feet.

ii. Facades shall provide at least 75 percent transparency between 3 and 10 feet above grade (doors and transparent windows) to allow maximum visual interaction between sidewalk areas and the interior. Dark or mirrored glass will not satisfy this requirement.

(c) Commercial Use Areas. Ground floor frontages in areas identified as commercial in Table 23.204-42 shall meet the requirements of 23.204.150(F)(2)(a) except:

i. Ground floors shall have a minimum floor to floor height of 15 feet and a minimum floor to ceiling height of 12 feet.

ii. Facades shall provide at least 65% transparency between 3 and 10 feet above grade (doors and transparent windows) to allow maximum visual interaction between sidewalk areas and the interior of office spaces. Dark or mirrored glass will not satisfy this requirement.

(d) Exceptions. The Design Review Committee or Design Review staff may grant exceptions to the blank wall and transparency requirements.

1. General. To approve any AUP or Use Permit for a project in the C-AC district, the review authority must make the findings in Section 23.406.040--Use Permits and find that the proposed use or structure:

(a) Is consistent with the purpose of the district;

(b) Is compatible in design and character with the district and the adjacent residential neighborhoods;

(d) Complies with the Adeline Corridor Specific Plan’s adopted Mitigation Monitoring and Reporting Program (MMRP).

2. New Residential Development. In addition to the findings above, the ZAB shall find, for each Use Permit for new residential development, that the proposed use or structure facilitates the construction of affordable housing as defined by the U.S. Department of Housing and Urban Development (HUD) Guidelines.

(a) To approve an AUP for an office use over 2,500 square feet or over 50 feet wide on the ground floor of an Active Commercial area, the Zoning Officer must find that the use supports the development of a strong retail commercial, pedestrian-oriented environment.

(b) Factors the Zoning Officer should consider shall include, but are not limited to, pedestrian activity that is expected to be generated at the site, the placement of store entrances relative to the street and the parking lots, and the size and prominence of display windows and areas facing the sidewalk.

4. All-Electric Buildings. An AUP may be granted to reduce useable open space requirements if shown to be necessary to build an all-electric building. To approve an AUP, the Zoning Officer must find that:

(a) No other placement of the features to support construction of an all-electric building, including solar photovoltaic (PV) energy systems and water tanks for heat pump water heating, on the property is possible; and

(b) Placement of the features to support construction of an all-electric building elsewhere on the property is not financially feasible. (Ord. 7890-NS §§ 27--32, 2023: Ord. 7787-NS § 2 (Exh. A), 2021)