23.206.030 Additional Permit Requirements.
A. New Floor Area. A project that creates new floor area for any use requires additional permits as shown in Table 23.206-2. Creation of new floor area includes:
1. Construction of new main buildings or accessory buildings;
2. Additions to existing buildings; or
3. The installation of new floor or mezzanine levels within or onto existing buildings.
District/New Gross Floor Area | Permit Required for New Floor Area |
|---|---|
M, MM | |
Less than 20,000 sq. ft. | ZC |
20,000 to less than 40,000 sq. ft. | AUP |
40,000 sq. ft. or more | UP(PH) |
MU-LI | |
Less than 10,000 sq. ft. | ZC |
10,000 to less than 20,000 sq. ft. | AUP |
20,000 sq. ft. or more | UP(PH) |
MU-R | |
Less than 5,000 sq. ft. | ZC |
5,000 to less than 10,000 sq. ft. | AUP |
10,000 sq. ft. or more | UP(PH) |
B. Tenant Space Reconfiguration.
1. Reconfiguration of tenant space in an existing building in the M, MM, and MU-LI districts requires a permit as listed in Table 23.206-3.
2. In the MU-R district, tenant space reconfiguration projects affecting 5,000 square or more require a Use Permit.
3. As used in this section, tenant reconfiguration means any physical change to an existing building’s walls separating leased spaces so as to change:
(a) The number of lease spaces for commercial businesses; or
(b) The square footage of leasable floor area of an existing commercial lease space.
Tenant Space Reconfiguration Project | Permit Required for Tenant Space Reconfiguration Project |
|---|---|
Previously separated spaces combined into a larger space | ZC |
Creating 2 to 5 separate new tenant spaces | ZC |
Creating 6 to 9 separate new tenant spaces | AUP |
Creating 10 or more separate new tenant spaces | UP(PH) |
4. MM District Findings. To approve an AUP or Use Permit for a tenant reconfiguration project in the MM district, the review authority must find that the conversion is necessary to implement the purpose of the district.
5. MU-LI District Findings. To approve a Use Permit for a tenant reconfiguration project in the MU-LI district, the review authority must find that the reconfiguration would not create or contribute to a shortage of industrial spaces in West Berkeley for spaces of the size being converted and either:
(a) The reconfiguration can be reasonably expected to better serve the purposes of the district than leaving the space intact; or
(b) The reconfiguration would create spaces which could cross-subsidize larger industrial spaces.
C. Major Residential Additions.
1. Where Allowed/Required Permits.
(a) Major residential additions in the MU-R district require an AUP.
(b) Major residential additions are not permitted in MU-LI district.
(c) Major residential additions in the M and MM districts are subject to the requirement in Section 23.324 (Nonconforming Uses, Structures, and Buildings).
2. Findings. To deny an AUP for a major residential addition in the MU-R district, the review authority must find that:
(a) The proposed addition would unreasonably interfere with existing or reasonably foreseeable adjacent land uses in the M or MM district; or
(b) Existing or reasonably foreseeable adjacent land uses in the M and/or MM district would have a material adverse effect on the use of the proposed addition.
3. Recorded Acknowledgement. For a residential addition in the MU-R district, the residential property owner shall record an acknowledgement on the title that existing or reasonably foreseeable adjacent land uses in the M and/or MM District may create noise, dust, odors, light/glare, and other impacts that shall not be considered a nuisance if they are developed and conducted pursuant to the standards of the district.
D. Langendorf Building. The following applies to the property occupied by the Langendorf Building (2929 Seventh Street, APN 053-0164300102):
1. Commercial physical and biological laboratories are allowed with a Use Permit if at least 6,000 square feet of gross floor area is occupied by a permitted use.
2. Retail, office, and food and alcohol service uses allowed in the C-W district are allowed in the MU-LI portion of the property if the total gross floor area of these uses are less than 10,000 square feet.
E. Changes to Nonconforming Structures. See Section 23.324.050 (Nonconforming Structures and Buildings) for permits required to modify structures that do not conform to setback, height, and other development standards.
F. Accessory Structures. For accessory structure permit requirements, see the following:
1. Section 23.304.060 (Accessory Buildings and Enclosed Accessory Structures).
2. Section 23.304.070 (Unenclosed Accessory Structures in Residential Districts).
3. Section 23.304.080 (Fences). (Ord. 7787-NS § 2 (Exh. A), 2021)