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A. District Purpose. The purpose of the Mixed Use-Light Industrial (MU-LI) district is to:

1. Implement the West Berkeley Plan Light Manufacturing District designation;

2. Encourage development of a mixed use-light industrial area for a range of compatible uses;

3. Encourage development of an area where light manufacturers can operate free from the economic, physical and social constraints caused by incompatible uses;

4. Encourage the creation and continuation of well-paid jobs which do not require advanced degrees;

5. Provide for the continued availability of manufacturing and industrial buildings for manufacturing uses, especially of larger spaces needed by medium sized and larger light manufacturers;

6. Provide opportunities for office development when it will not unduly interfere with light manufacturing uses and/or the light manufacturing building stock;

7. Provide the opportunity for laboratory development in appropriate locations;

8. Support the development of businesses which contribute to the maintenance and improvement of the environment;

9. Allow on-site ancillary retail as a tool to maintain and enhance the economic viability of manufacturers in the district; and

10. Maintain and improve the quality of the West Berkeley environment, while allowing the lawful and reasonable operation of light industrial uses.

B. Land Use Regulations.

1. Allowed Land Uses. See Table 23.206-1: Allowed Land Uses in Manufacturing Districts.

2. Use Permit Not Required. An existing use in the MU-LI district may be modified or intensified without a Use Permit if:

(a) A Use Permit is not required by this chapter; and

(b) The Zoning Officer determines that the modification or intensification of the use can reasonably be expected not to increase any impact regulated under environmental performance standards.

3. Alcoholic Beverage Retail Sales. Alcoholic beverage retail sales are allowed in the MU-LI district only when incidental to food product stores.

4. Bus/Cab/Truck/Public Utility Depot. A Use Permit is required for a bus/cab/truck/public utility depot in the MU-LI district if the lot is over 20,000 square feet, regardless of use floor area.

5. Commercial Physical or Biological Laboratories. Commercial physical or biological laboratories using Class 3 organisms are not permitted the MU-LI district. Use of Class 2 organisms are permitted only in locations at least 500 feet from a Residential District or a MU-R district.

6. General Retail. Allowed general retail uses in the MU-LI district are limited to food product stores and building materials and garden supply stores. Other types of general retail uses are not permitted. Food product stores are not permitted if over 2,000 square feet. Building materials and garden supplies stores are permitted with an AUP if under 20,000 square feet and with a Use Permit if 20,000 square feet or more.

7. Pharmaceuticals Manufacturing. Pharmaceuticals manufacturing is allowed in the MU-LI district only in locations at least 500 feet from a Residential District or the MU-R district.

8. Public Market, Open Air. Open air markets in the MU-LI district with 5,000 square feet or less of lot area are allowed with AUP.

9. Recycling Facilities. Recycled materials processing and recycling redemption centers are allowed in the MU-LI district only on lots greater than 20,000 square feet.

10. Theaters. Only live stage performances are allowed in a theater in the MU-LI district. Motion picture theaters are not permitted.

11. Vehicle Wrecking. Permits required for vehicle wrecking the MU-LI district is determined by size of lot, not floor area.

12. Vocational Schools. A vocational school in the MU-LI district must provide training for occupations and/or industries found in the West Berkeley Plan area.

13. Wholesale Trade Proximity to Residential Use. For wholesale trade use in the MU-LI district otherwise allowed with a Zoning Certificate, an AUP is required to establish the use within 150 feet of a residential use in a Residential District or in the MU-R district.

C. Additional Permit Requirements. See Section 23.206.030--Additional Permit Requirements.

D. Outdoor Recreation Sub-Zone.

1. An Outdoor Recreation Sub-zone may be designated by the City Council, upon recommendation of the Planning Commission. In an Outdoor Recreation Sub-zone, parks and outdoor recreational uses are permitted with a Use Permit.

2. Properties designated as an Outdoor Recreation Sub-zone must be:

(a) Designated specifically for outdoor recreational use in the West Berkeley Plan;

(b) Owned or under acquisition by a public agency which is subject to the Zoning Ordinance;

(c) At least 5 contiguous acres in area;

(d) Not primarily occupied by a conforming use as designated in the West Berkeley Plan; and

(e) At least 1,000 feet from any other Outdoor Recreation Sub-zone.

3. The initial designation of an Outdoor Recreation Sub-zone expires five years from the designation date. To permit outdoor recreational uses after that date, the Council must renew the Outdoor Recreation Sub-zone designation.

E. Development Standards. See Table 23.206-12 for development standards in the MU-LI district.

Table 23.206-12. MU-LI DEVELOPMENT STANDARDS

BASIC STANDARDS

SUPPLEMENTAL STANDARDS

Lot Area, Minimum

No minimum

23.304.020--Lot Requirements

Usable Open Space Per Dwelling Unit, Minimum

n/a

Floor Area Ratio, Maximum

2.0

Main Building Height, Maximum

45 ft.

23.304.050--Building Height

Lot Line Setbacks, Minimum

23.304.030--Setbacks

Front

No minimum

Rear

No minimum

Interior Side

No minimum

Street Side

No minimum

Building Separation, Minimum

No minimum

Lot Coverage, Maximum

100%

F. Permit Findings. See Section 23.206.100--Permit Findings (Ord. 7882-NS § 11, 2023: Ord. 7787-NS § 2 (Exh. A), 2021)