23.322.030 Required Parking Spaces | Berkeley Municipal Code

23.322.030 Required Parking Spaces.

1. Spaces Required. Table 23.322-1 shows minimum required off-street parking spaces in the Residential Districts.

Table 23.322-1. REQUIRED OFF-STREET PARKING IN RESIDENTIAL DISTRICTS
Land Use	Number of Required Off-street Parking Spaces
Residential Uses
Accessory Dwelling Unit	Junior ADU: None required ADU outside of Hillside Overlay: None required ADU within Hillside Overlay: 1 per ADU unless the parcel satisfies the criteria in subdivision (d) of Government Code Section 65852.2, using the definition of public transit as established in subdivision (j)(11) of Government Code 65852.2.
Dwellings, including Group Living Accommodations	R-3, R-4, and R-5 Districts (1-9 units): If located on a roadway less than 26 ft. in width in the Hillside Overlay: 1 per unit. R-3, R-4, and R-5 District (10 or more units): If located on a roadway less than 26 ft. in width in the Hillside Overlay: 1 per 1,000 sq. ft. of gross floor area All Other Districts: If located on a roadway less than 26 ft. in width in the Hillside Overlay: 1 per unit All Other Locations: None required
Dormitories, Fraternity and Sorority Houses, Rooming & Boarding Houses, Senior Congregate Housing	If located on a roadway less than 26 ft. in width in the Hillside Overlay: 1 per each 5 residents, plus 1 for manager. All Other Locations: None required.
Rental of Rooms	If located on a roadway less than 26 ft. in width in the Hillside Overlay: 1 per each two roomers All Other Locations: None required
Non-Residential Uses
All non-residential uses except uses listed below	R-SMU District: 1 per 1,000 sq. ft. R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft. All Other Residential Districts: See 23.322.030.A.2
Community Care Facility	R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft. All Other Residential Districts: None required
Food Service Establishment	R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft. All Other Residential Districts: 1 per 300 sq. ft.
Hospital	R-SMU District: 1 per 1,000 sq. ft. R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft. All Other Residential Districts: 1 per each 4 beds plus 1 per each 3 employees
Library	R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft. All Other Residential Districts: 1 per 500 sq. ft. of publicly accessible floor area
Nursing Home	1 per 3 employees
Medical Practitioners	R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft. All Other Residential Districts: 1 per 300 sq. ft.
Non-Medical Offices	R-SMU District: 1 per 1,000 sq. ft. R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft. All Other Residential Districts: 1 per 400 sq. ft.
Hotels, Tourist	1 per 3 guest/sleeping rooms or suites plus 1 per 3 employees

[1]Excludes community care facilities which under state law must be treated in the same manner as a single-family residence.

2. Other Uses. If a use requires an AUP or Use Permit and is not listed in Table 23.322-1, the review authority shall determine the required number of off-street parking spaces based on the amount of traffic generated by the use and the number of spaces required for other similar uses.

(a) In Residential Districts where offices are allowed, the Zoning Adjustments Board (ZAB) may reduce the parking requirement for non-medical offices to one parking space per 800 square feet of gross floor area.

(b) To approve the reduction, the ZAB must find that the reduction is justified because the amount of direct contact with clients, visitors, or the general public will be less than ordinarily is the case.

(a) For purposes of calculating required parking in the ES-R district, "bedroom" means any habitable space in a dwelling unit or residential accessory structure other than a kitchen or living room that is intended for or capable of being used for sleeping and that is at least 70 square feet in area.

(b) A room identified as a den, library, study, loft, dining room, or other extra room that satisfies this definition is considered a bedroom.

(c) Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

(d) The division of existing habitable space does not require additional parking if there is no net increase in the gross floor area of the building and no more than one additional bedroom is created.

1. Spaces Required. Table 23.322-2 shows minimum required off-street parking spaces in the Commercial Districts, excluding the C-T district.

Table 23.322-2. REQUIRED OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS (EXCLUDING C-T)
Land Use	Required Parking Spaces
Residential Uses
Accessory Dwelling Unit	None required
Dwellings, including Group Living Accommodations	If located on a roadway less than 26 ft. in width in the Hillside Overlay: 1 per unit All Other Locations: None required
Hotel, Residential	None required
Mixed-Use Residential (residential use only)	None required
Senior Congregate Housing	None required
Non-Residential Uses
All non-residential uses except uses listed below	C-DMU District: 1.5 per 1,000 sq. ft. All Other Commercial Districts: 2 per 1,000 sq. ft.
Hospital	1 per each 4 beds plus 1 per each 3 employees
Library	C-DMU District: 1.5 per 1,000 sq. ft. All Other Commercial Districts: 1 per 500 sq. ft. of publicly accessible floor area
Nursing Home	1 per 3 employees
Medical Practitioners	C-DMU District: 1.5 per 1,000 sq. ft. All Other Commercial Districts: 1 per 300 sq. ft.
Hotels, Tourist	C-DMU District: 1 per 3 guest/sleeping rooms or suites C-C, C-U, C-W Districts: 1 per 3 guest/sleeping rooms or suites plus 1 per 3 employees All Other Commercial Districts: 2 per 1,000 sq. ft.
Motels, Tourist	C-DMU District: 1 per 3 guest/sleeping rooms or suites C-C, C-U, C-W Districts: 1 per guest/sleeping room plus 1 for owner or manager [1] All Other Commercial Districts: 2 per 1,000 sq. ft.
Large Vehicle Sales and Rental	C-DMU District: 1.5 per 1,000 sq. ft. C-SA District: 1 per 1,000 sq. ft. All Other Commercial Districts: 2 per 1,000 sq. ft.
Small Vehicle Sales and Service	C-DMU District: 1.5 per 1,000 sq. ft. C-SA District: 1 per 1,000 sq. ft. All Other Commercial Districts: 2 per 1,000 sq. ft.
Manufacturing	C-DMU District: 1.5 per 1,000 sq. ft. C-W District: 1 per 1,000 sq. ft [1] All Other Commercial Districts: 2 per 1,000 sq. ft.
Wholesale Trade	C-DMU District: 1.5 per 1,000 sq. ft. C-W District: 1 per 1,000 sq. ft All Other Commercial Districts: 2 per 1,000 sq. ft.
Live/Work	If workers/clients are permitted in work area, 1 per first 1,000 sq. ft. of work area and 1 per each additional 750 sq. ft. of work area

[1]Spaces must be on the same lot as building it serves.

2. Exemptions. Table 23.322-3 shows projects and land uses in the Commercial Districts that are exempt from parking requirements. No Use Permit or other discretionary approval is required for these exemptions.

Table 23.322-3. PARKING EXEMPTIONS IN COMMERCIAL DISTRICTS
District	Projects/Uses Exempt from Parking Requirement
C-SA	First 1,000 square feet of new gross floor area in a development project
C-E	Commercial uses with less than 6,000 square feet of gross floor area
C-DMU	Additions up to 1,000 square feet of gross floor area or up to 25% of existing gross floor area, whichever is less

(a) Off-street parking is not required in the C-T district.

(b) New off-street parking is not permitted on lots abutting Telegraph Avenue exclusively. New off-street parking is only permitted on lots abutting a street other than Telegraph Avenue where access to the parking is from curb cuts existing on July 6, 1989. A Use Permit is required to establish the new parking. To approve the Use Permit, the ZAB must find that traffic from the new parking will not significantly impede pedestrian circulation.

(a) Required Parking Determined by Zoning Officer or ZAB. For the following categories of uses as shown in Table 23.204-1 (Allowed Uses in Commercial Districts), the Zoning Officer or ZAB shall determine the number of required off-street parking spaces in the C-W district based on the amount of traffic generated by the use and the number of spaces required for other similar uses:

i. Public and quasi-public uses.

ii. Automobile and other vehicle oriented uses.

iii. Outdoor uses.

iv. Residential and related uses.

v. Other miscellaneous uses.

vi. Other industrial uses.

(b) Maximum Parking. The number of parking spaces provided for new commercial floor area in the C-W district shall not exceed:

i. 5 spaces per 1,000 square feet of gross floor area of food service uses; and

ii. 4 spaces per 1,000 square feet of gross floor area for all other commercial uses.

2. Table 23.322-4 shows minimum required off-street parking spaces in the Manufacturing Districts.

Table 23.322-4. REQUIRED OFF-STREET PARKING IN MANUFACTURING DISTRICTS
Land Use	Required Parking Spaces
Residential Uses
Accessory Dwelling Unit	None required
Dwellings	None required
Group Living Accommodation	None required
Non-Residential Uses
All non-residential uses except uses listed below	2 per 1,000 sq. ft.
Art/Craft Studio	1 per 1,000 sq. ft.
Community Care Facility	None required
Food Service Establishment	1 per 300 sq. ft.
Library	1 per 500 sq. ft. of publicly accessible floor area
Laboratories	1 per 650 sq. ft.
Nursing Home	1 per 5 residents, plus 1 per 3 employees
Medical Practitioners	One per 300 sq. ft. .
Large Vehicle Sales and Rental	MU-LI District: 1.5 per 1,000 sq. ft. All Other Districts: 1 per 1,000 sq. ft. of display floor area plus 1 per 500 sq. ft. of other floor area; 2 per service bay
Manufacturing	MU-R District: 1.0 per 1,000 sq. ft. All Other Districts: 1 per 1,000 sq. ft. for spaces less than 10,000 sq. ft.; 1 per 1,500 sq. ft. for spaces 10,000 sq. ft. or more
Storage, warehousing, and wholesale trade	1 per 1,000 sq. ft. for spaces of less than 10,000 sq. ft.; 1 per 1,500 sq. ft. for spaces 10,000 sq. ft. or more
Live/Work	MU-LI District: 1 per 1,000 sq. ft. of work area where workers/clients are permitted MU-R District: if workers/clients are permitted in work area, 1 per first 1,000 sq. ft. of work area and 1 per each additional 750 sq. ft. of work area

[1]For multiple dwellings where the occupancy will be exclusively for persons over the age of 62, the number of required off-street parking spaces may be reduced to 25% of what would otherwise be required for multiple-family dwelling use, subject to obtaining a Use Permit.

(a) For the following categories of uses as shown in Table 23.206-1, the Zoning Officer or ZAB shall determine the number of required off-street parking spaces in the Manufacturing Districts based on the amount of traffic generated by the use and the number of spaces required for other similar uses:

i. Public and Quasi-Public Uses.

ii. Vehicle Sales and Service Uses.

iii. Other Miscellaneous Uses.

iv. Industrial and Heavy Commercial Uses, excluding manufacturing and wholesale trade.

1. Fractional Spaces. When calculating the number of required off-street parking spaces results in a fractional space, any fraction below one-half is disregarded, and fractions one-half and above are counted as requiring one parking space.

2. Employees. Where a parking requirement is based on the number of employees, the number of employees is based upon the shift or employment period when the greatest number of employees are present.

(a) Where a parking requirement is based on floor area, the definition of gross floor area as set forth in 23.502 (Glossary) shall apply.

(b) In Non-Residential Districts, the floor area calculation for the purpose of determining required parking shall also include outdoor dining areas, garden/building supply yards, customer-serving outdoor areas for retail sales, and other unenclosed areas of the lot.

E. Additional Required Parking. If the expected demand for off-street parking spaces is found to exceed the number of spaces required by Table 23.322-1, Table 23.322-2, or

F. Table 23.322-4, additional off-street parking may be required as a condition of approval.

1. When a building contains two or more uses, the total required number of off-street parking spaces is the sum of the requirements for each use computed separately.

2. A required off-street parking spaces for one use may not provide required off-street parking spaces for any other use except as allowed by Section 23.322.040.D (Joint Use of Parking).

H. Including Existing Uses. Existing off-street parking spaces shall be counted towards meeting the overall parking requirements where new floor area is added to an existing site or project.

1. Unless otherwise allowed by this chapter, parking spaces serving an existing use may not be reduced below the number of spaces required by this section. If an existing use has fewer parking spaces than required by this section, the number of spaces serving the use may not be further reduced.

2. In Non-Residential Districts, off-street parking spaces provided in conjunction with a use or structure existing on October 1, 1959, on the same property or on property under the same ownership, may not be reduced below, or if already less than, may not be further reduced below, the requirements of this chapter for a similar use or structure.

3. Existing parking spaces in a non-residential district may be removed to meet ADA compliance or traffic engineering standards.

(a) In Non-Residential Districts with a public parking fund to create public parking, an applicant may pay a fee in lieu of providing required off-street parking spaces.

(b) The in-lieu parking fee shall be established by City Council resolution.

(d) In-lieu fees may, at the applicant’s option, be paid in a lump sum or in annual installments as specified in each ordinance establishing the parking fund and may be adjusted annually for inflation.

(e) If paid annually, the first annual payment of an in-lieu fee is due as a condition of occupancy and subsequent payments are due on January 31 of succeeding years.

2. C-DMU District. Paying an in-lieu fee to reduce or waive required off-street parking in the C-DMU district requires a Use Permit. To approve the Use Permit, the ZAB must find that the applicant will pay an in-lieu fee to a fund established by the City that provides enhanced transit services. (Ord. 7888-NS §§ 10--12, 2023; Ord. 7882-NS §§ 20, 21, 2023; Ord. 7835-NS § 9, 2022; Ord. 7815-NS § 13, 2022; Ord. 7810-NS § 12, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)