23.316.020 Applicability.
A. Districts. This chapter applies in all districts in Berkeley.
B. Uses. This chapter applies to:
1. New multifamily residential projects of five or more dwelling units;
2. New commercial structures; and
3. New industrial structures.
C. Project Size. This chapter applies to all construction of building additions exceeding 10,000 square feet.
D. Exceptions. This chapter does not apply to the following project types:
1. Multifamily housing that has a regulatory agreement with a government agency restricting the rent and limiting tenancy to qualifying households not exceeding specified incomes for at least 60 percent of the units.
2. Buildings with religious assembly uses as defined in Chapter 23.502 (Glossary) and buildings with arts and cultural uses. For purposes of this section, "arts and cultural use" means buildings that have as their primary purpose the presentation of one or more cultural resources, and that are operated by public entities or nonprofit organizations dedicated to cultural activities available to a broad public.
3. Transitional housing. (Ord. 7787-NS § 2 (Exh. A), 2021)