23.302.070 Use-Specific Regulations | Berkeley Municipal Code

1. General Limitations. An adult-oriented business may not be established:

(a) Within 300 feet of the boundary of a Residential District, as measured along the public right-of-way;

(b) Within a radius of 1,000 feet from any other adult-oriented business; or

(c) Within a radius of 600 feet of any public park, public health clinic, public library, school or religious assembly use.

2. District Limitations. Adult-oriented businesses are not permitted:

(a) On lots with frontage on San Pablo Avenue in the C-W district; and

(b) On public-serving frontages in the C-DMU district.

1. Incidental Use. Amusement Devices up to 25 percent of total net floor area of the primary use are allowed as an incidental use with a Zoning Certificate. Amusement Devices are prohibited in the M Manufacturing District and MM Mixed Manufacturing District.

C. Columbaria. Columbaria require the permits shown in Table 23.302-6.

Table 23.302-6. COLUMBARIA PERMIT REQUIREMENTS
PROJECT	PERMIT REQUIRED
Columbaria that are incidental to a community and institutional use, limited to 400 niches, no more than 5% of the subject property area, and located in the main building.	ZC
All other columbaria	AUP

D. Firearms/Munitions Business. In all districts, a firearms/munition business is not permitted on a property containing a residential use.

1. Maximum Size in R-SMU. Food service establishments in the R-SMU district may not exceed 1,200 square feet.

2. Permits Required in Commercial Districts. Table 23.302-7 shows permits required for food service establishments in the commercial districts and in the R-BMU.

Table 23.302-7. PERMIT REQUIREMENTS FOR FOOD SERVICE ESTABLISHMENTS
DISTRICT/USE SIZE	PERMIT REQUIRED
C-C, C-U, C-T, C-W
Under 1,500 sq. ft	ZC
1,500 sq. ft. or more	AUP
C-N, C-NS, C-SA, C-SO
Under 1,000 sq. ft	ZC
1,000 sq. ft. or more	AUP
R-BMU, Ashby BART Station C-AC, South Shattuck and North Adeline Subareas
3,000 sq ft or less	ZC
Over 3,000 sq ft	AUP
C-AC, South Adeline Subarea
1,500 sq ft or less	ZC
Over 1,500 sq ft	AUP
R-BMU, North Berkeley BART Station	UP(PH)
C-E	AUP [1]
C-DMU
Under 3,000 sq. ft outside the Arts District Overlay	ZC
3,000 sq. ft. or more	AUP
Any size within the Arts District Overlay	AUP [2]

[1]All food service uses in the C-E district require an AUP and may not be considered as an incidental use except when accessory to a food product store.

[2]See 23.204.130.D.3 for required findings.

3. Notification of Decision. Food service establishments requiring an AUP in the C-N, C-E, C-NS, C-SA, C-T, C-SO districts must provide public notification of decision (NOD) within a 300-foot radius of the subject property.

4. Carry Out Limitations in C-U District. Food service establishments in the C-U district that exclusively sell food for offsite consumption are not permitted at any location on University Avenue between Oxford Street and Martin Luther King Jr. Way until a Downtown Retail Plan is adopted by the City Council.

(a) Outdoor cafe seating on private property outside of the public right-of-way is allowed in the commercial districts with the following permits:

i. Zoning Certificate when seating does not abut a residential district.

ii. AUP when seating abuts a residential district.

(b) Outdoor seating is not permitted for food service establishments in the MU-LI District.

(c) Sidewalk cafe seating within the public right-of-way is subject to 23.302.060 (Sidewalk Cafe Seating).

6. Building Openings--C-E and C-NS Districts. Food service establishments in the C-E and C-NS districts may have no openings, other than fixed windows and required fire exits, within 50 feet of a residential district.

(a) Food service drive-through is not permitted on properties fronting San Pablo Avenue.

(b) To approve a Use Permit for a food service establishment on a lot with frontage on San Pablo Avenue, the ZAB must find that:

i. The project does not conflict with the goals and policies of the C-W district;

ii. The location, size, appearance and signage of the project will not adversely affect the San Pablo Avenue corridor;

iii. The project supports pedestrian-oriented development;

iv. The project is designed to protect the residential character of surrounding neighborhoods from the adverse impacts of fast food development, including, but not limited to increased traffic, litter, and noise; and

v. For projects which include construction of new buildings, the project design:

(1) Provides intensity of development which does not underutilize the property; especially at or near intersections of major streets;

(2) Provides pedestrian scale and siting; and

(3) Incorporates continuity in street facades.

8. Permits Required in Manufacturing Districts. Table 23.302-8 shows permits required for food service establishments in the manufacturing districts.

Table 23.302-8. PERMIT REQUIREMENTS FOR FOOD SERVICE ESTABLISHMENTS IN MANUFACTURING DISTRICTS
USE TYPE AND SIZE	DISTRICT
USE TYPE AND SIZE	M	MM	MU-LI	MU-R
Incidental Use
Under 20,000 sq. ft.	AUP [1]	AUP [1],[2]	AUP [1]	AUP [1]
20,000 sq. ft. or more	-	-	-	AUP
Carry Out Food Service (Primary Use)
Under 5,000 sq. ft.	-	-	AUP	AUP
5,000 sq. ft. or more	-	-	UP	UP
Quick Service Restaurant (Primary Use)
Under 5,000 sq. ft.	-	-	AUP	AUP
5,000 sq. ft. or more	-	-	UP	UP
Full-Service Restaurant (Primary Use)	-	-	UP	UP

[1]Outdoor food service is not permitted.

[2]Limited to food or beverage for immediate consumption.

(a) To approve an AUP or Use Permit to establish or expand a food service establishment in the MU-LI or MU-R district, the review authority must find that the establishment of the use, given its size, location, physical appearance and other relevant characteristics, will not have a significant detrimental impact on the industrial character of the area.

(b) To approve an AUP for a food service establishment less than 5,000 square feet, the Zoning Officer must find that a substantial portion of the food consists of goods manufactured on site.

1. No more than four non-chartered financial institutions are permitted in the city.

2. Non-chartered financial institutions may not be located within a radius of 1,320 feet of another non-chartered financial institutions.

1. Permits Required.

2. Table 23.302-9 shows required permits for the exclusive or primary use of a lot for off-street parking spaces.

Table 23.302-9. PERMIT REQUIREMENTS FOR PARKING LOTS/STRUCTURES
DISTRICT	PERMIT REQUIRED
Residential Districts
R-3	Use Permit for all parking lots and structures. [1]
R-S, R-SMU, R-BMU	Use Permit for parking structures only. Parking lots are not permitted, except on lots between Acton Street and Virginia Gardens and between Peralta Avenue and Northside Avenue in the R-BMU.
All other residential districts	Use Permit for all parking lots and structures.
Commercial Districts
C-C, C-U	Zoning Certificate for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.
C-SO	AUP for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.
C-DMU	AUP for parking lots with 8 spaces or fewer. Use Permit for all parking structures. Lots with more than 8 spaces not permitted.
C-N, C-E, C-NS, C-SA	Use Permit for all parking lots and structures.
C-T	Use Permit for all parking structures. All parking lots not permitted.
C-W	AUP for parking lots and structures with 10 spaces or fewer. Use Permit for parking lots and structures with more than 10 spaces.
Manufacturing Districts
M, MM	AUP for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.
MU-LI	Zoning Certificate for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. AUP for parking lots and structures with 11 spaces or more exclusively for uses in the district. Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.
MU-R	Zoning Certificate for parking lots and structures exclusively for uses in the district. Use Permit for parking lots and structures not exclusively for uses in the district.

[1]Parking lots and structures in the R-3 district are not permitted within the Southside Plan area.

3. Residential District Standards. See 23.322.110--Parking Lots in Residential Districts for standards that apply to the exclusive or primary use of a lot for off-street parking spaces in a residential district.

1. Southside Plan Area. In the R-3, R-S, R-SMU, and C-T districts within the Southside Plan boundaries, individual unit entries located within six feet of the front property line shall be at least 18 inches above the finished grade of the adjacent public frontage.

I. Senior Congregate Housing. Table 23.302-10 shows permits required for senior congregate housing.

Table 23.302-10. PERMIT REQUIREMENTS FOR SENIOR CONGREGATE HOUSING
PROJECT	PERMIT REQUIRED
Change of use from an existing dwelling unit to accommodate six or fewer people	ZC
Change of use from an existing dwelling unit to accommodate seven or more people	AUP
New construction to accommodate any number of people	UP(PH)

1. Permits Required. Supportive housing shall be allowed by right in zones where multifamily and mixed uses are permitted, if the proposed housing development satisfies requirements pursuant to Government Code Section 65651(a).

K. Smoke Shops. In all districts, smoke shops are not permitted within 1,400 feet of a school or public park.

1. In all districts where retail uses are allowed, on-site storage of goods is allowed as an accessory use to a primary retail use on the lot.

2. The storage of goods for a contiguous and directly accessible retail space is allowed in the MU-LI and MU-R districts subject to the following:

(a) An AUP is required for storage 3,000 square feet or less; a Use Permit is required for storage more than 3,000 square feet.

(b) Except for food product stores in the MU-LI district, the storage is permitted only for uses within the district. Storage for retail uses wholly or partially outside the district is not permitted. (Ord. 7890-NS § 33, 2023; Ord. 7882-NS § 13, 2023; Ord. 7838-NS § 1, 2022; Ord. 7830-NS § 7, 2022; Ord. 7815-NS §§ 6, 7, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)