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A. District Purpose. The purpose of the Mixed Use-Residential (MU-R) district is to:

1. Implement the West Berkeley Plan Mixed Residential District designation;

2. Support the continued development of a mixed-use district which combines residential, live/work, light industrial, arts and crafts and other compatible uses;

3. Strengthen residential concentrations which exist within the district;

4. Provide appropriate locations for a broad range of live/work activities to occur;

5. Provide a transitional district between the Residential Districts to the east of the district and the Manufacturing Districts to the west of the district;

6. Encourage light manufacturers and wholesalers which are compatible with a mixed use-residential district;

7. Support the development of businesses of all types which contribute to the maintenance and improvement of the environment;

8. Protect residents from unreasonably detrimental effect of nonresidential uses, such as noise, vibration, odors, smoke, fumes, gases, dust, heat and glare, to the extent possible and reasonable within a mixed-use West Berkeley context;

9. To the extent feasible, protect industrial uses, particularly light industrial uses, from unreasonable intrusions on their ability to operate lawfully; and

10. Permit retail and food service activities which are either limited and small scale, primarily serving persons living and/or working in the district, but not a citywide or regional clientele, or which are ancillary and designed to maintain and enhance the economic viability of manufacturers in the district.

B. Land Use Regulations.

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

2. Alcoholic Beverage Retail Sales. Alcoholic beverage retail sales are allowed in the MU-R district only as ancillary sale of products produced or bottled on site with a Use Permit.

3. Community Care Facility. Community care facilities are allowed in the MU-R district only as a change of use. New construction is not permitted.

4. General Retail. Allowed types of general retail uses the MU-R district are limited to food product stores, building materials and garden supply stores, and arts and craft supplies. Other types of general retail uses are not permitted.

5. Manufacturing Use Findings. To approve an AUP or Use Permit to establish or expand a manufacturing use abutting one or more dwelling units located in the MU-R District, the review authority must find:

(a) The manufacturer is capable of meeting all applicable performance standards; and

(b) Permit conditions will specify all reasonable steps to minimize noise, odors, dust, vibration, glare and any other potential impacts on the abutting dwelling units.

6. Mortuaries and Crematories. Only mortuaries are permitted in the MU-R district. Crematories are not allowed.

7. Multi-Family Dwellings. Table 23.206-13 shows permits required for multi-family dwellings in the MU-R district.

Table 23.206-13. MU-R MULTI-FAMILY DWELLING PERMIT REQUIREMENTS

NUMBER OF UNITS

PERMIT REQUIRED

3 or 4

AUP

5 or more

UP(PH)

8. Residential Uses.

(a) A Use Permit is required to establish a dwelling unit, group living accommodation, or live/work unit MU-R that is within 150 feet of:

i. An M or MM district; or

ii. A construction product manufacturing or primary product manufacturing use.

(b) To deny a Use Permit required by Paragraph (a) above, the ZAB must find that:

i. The proposed residential use would unreasonably interfere with existing or reasonably foreseeable adjacent land uses in the M or MM district; or

ii. Existing or reasonably foreseeable adjacent land uses in the M or MM district would have a material adverse effect on the proposed residential use.

(c) As a condition of approval for a Use Permit required by Paragraph (a) above, the residential property owner shall record an acknowledgement that existing or reasonably foreseeable adjacent land uses in the M or MM district may create noise, dust, odors, light/glare, and other impacts that will not be considered a nuisance if they are developed and conducted pursuant to the standards of the district.

9. Residential Mixed-Use. To approve an AUP or Use Permit to establish or expand of a residential mixed-use building in the MU-R district, the review authority must find that the specific combination of proposed residential and non-residential uses will not be hazardous or detrimental to persons living and/or working on the site or within the project vicinity.

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

D. Development Standards. See Table 23.206-14: MU-R Development Standards for development standards in the MU-R district.

Table 23.206-14. MU-R DEVELOPMENT STANDARDS

BASIC STANDARDS

SUPPLEMENTAL STANDARDS

Lot Area, Minimum

23.304.020--Lot Requirements

New Lot

No minimum

Per Dwelling Unit or Live/Work Unit

1,250 sq. ft. [1]

Lot Width, Minimum

40 ft.

Usable Open Space, Minimum

23.304.090--Usable Open Space

Per Dwelling Unit

150 sq. ft.

Per Live/Work Unit

40 sq. ft.

Floor Area Ratio, Maximum

1.0 [2]

Main Building Height, Maximum

23.304.050--Building Height

Live/work

28 ft. and 3 stories [3]

Residential or mixed-use [4]

35 ft. and 3 stories

All other uses

35 ft. and 2 stories [5]

Lot Line Setbacks, Minimum

23.304.030--Setbacks

Front

5 ft.

Rear

No minimum [6]

Interior Side

No minimum

Street Side

5 ft.

Building Separation, Minimum

No minimum

Lot Coverage, Maximum

100%

Notes:

[1]One additional dwelling unit allowed for remaining lot area between 750 and 1,250 square feet.

[2]Maximum 1.5 for buildings with 50 percent or more residential or live/work floor area

[3]Maximum 35 ft. with a Use Permit.

[4]Mixed use is defined here as a building with 50 percent or more of gross floor area used for residential (including live/work) purposes.

[5]Maximum 3 stories for arts/craft studios and light manufacturing (with no other non-residential uses) on a block without dwelling units.

[6]Minimum 5 ft. if rear of lot abuts a street.

[7]Setbacks required when abutting or confronting a Residential District. See 23.304.030.C.2.

E. Permit Findings. See Section 23.206.100--Permit Findings. (Ord. 7787-NS § 2 (Exh. A), 2021)