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A. Purpose.

1. General. The general purpose of the Civic Center District (CCD) overlay zone is to implement General Plan Policy LU-22 to "Maintain the Civic Center as a cohesively designed, well-maintained, and secure place for community activities, cultural and educational uses, and essential civic functions and facilities" and Downtown Area Plan Policy LU-1.4 to "Focus City government and civic activity in the Civic Center area, and recognize Downtown’s central role in providing community services."

2. Specific. The specific purpose of the CCD overlay zone is to:

(a) Preserve and protect the integrity of the City of Berkeley Historic Civic Center through preservation of existing buildings and open space listed in the Civic Center Historic District;

(b) Allow a set of uses, which are civic in nature, and support active community use;

(c) Promote uses, which combined or individually will maintain public access to the historic buildings and resources;

(d) Promote appropriate uses which respect the Civic Center’s historic significance in unifying the community and forming a link to Berkeley’s past;

(e) Promote the cultural and architectural heritage of the Civic Center;

(f) Preserve the Civic Center District as a place for government functions, community activities, cultural and educational uses, and civic functions and facilities; and

(g) Promote uses which could financially support the goal of upgrading and preserving the existing historic buildings and resources.

B. Applicability. The CCD overlay zone boundaries are coterminous with the Civic Center Historic District designated under Municipal Code Chapter 3.24 and apply to the following parcels:

1. APN 057 201701601 (Old City Hall/Courthouse/Public Safety Building).

2. APN 057 202202000 (Veterans Memorial Building).

3. APN 057 202200600 (State Farm Insurance Building/City offices, 1947 Center Street).

4. APN 057 202100200 (Civic Center Park).

5. APN 057 202100100 (Civic Center Building).

6. APN 057 202601500 (Downtown Berkeley YMCA).

7. Portion of APN 057 202000503 which contains the Berkeley Community Theater/Florence Schwimley Little Theater.

8. APN 057 202000400 (Berkeley High School).

9. APN 057 202700500 (Berkeley Main Post Office).

C. Definitions. The following definitions apply only in the CCD overlay zone:

1. Live Performance Theatre. An establishment that has a permanent stage for the presentation of live performances and entertainment and which contains an audience viewing hall or room with fixed seats.

2. Museum. A non-profit, permanent institution in the service of society and its development, open to the public, which acquires, conserves, researches, communicates, and exhibits the tangible and intangible heritage of humanity and its environment for the purposes of education, study, and enjoyment.

3. Public Market. An open air or enclosed marketplace, including a farmer’s market, with multiple owner operated and/or independent merchants selling retail food items and handcrafted goods from local and regional producers, so long as:

(a) At least 75 percent of retail space is devoted to the sale of general or specialized food products; and

(b) No more than 25 percent of retail space is devoted to one or more of the following incidental uses:

i. Owner operated and/or independent food service establishment selling food from local and regional producers; and

ii. Sales of retail products from local and regional produce.

D. Allowed Uses. Table 23.210-2 shows allowed uses and permit requirements in the CCD overlay zone. All properties in the CCD overlay zone are restricted to the uses in Table 23.210-2, regardless of uses permitted in the underlying base district.

Table 23.210-2. CCD OVERLAY ZONE ALLOWED USES

ALLOWED USE

REQUIRED PERMIT

Libraries

UP(PH)

Judicial Courts

AUP

Museums

UP(PH)

Parks and Playgrounds

ZC

Public Safety and Emergency Services

UP(PH)

Government Agencies and Institutions

AUP

Public Schools/Educational Facilities

UP(PH)

Non-Profit Cultural, Arts, Environmental, Community Service and Historical Organizations

UP(PH)

Live Performance Theatre

UP(PH)

Public Market

UP(PH)

E. Development Standards.

1. General. Development standards in the CCD overlay zone are the same as the underlying base district except as provided in this subsection.

2. Building Height. All new buildings and building additions are subject to a maximum building height of 50 feet. (Ord. 7787-NS § 2 (Exh. A), 2021)