23.322.050 Parking Reductions.
A. Allowed Reductions. The Zoning Officer or ZAB may reduce or waive the number of off-street parking spaces required by Section 23.322.030 (Required Parking Spaces) for the following projects.
1. Building Expansions.
(a) Where Allowed: All Commercial and Manufacturing Districts, R-SMU district.
(b) Eligible Uses: Expansions to existing buildings (all uses).
(c) Required Permit: AUP.
(d) Findings: The Zoning Officer must make the findings in Subsection B (Findings) below.
2. Change of Use.
(a) Where Allowed: All Manufacturing Districts, R-SMU district.
(b) Eligible Uses: Change of use to a new use with a higher numerical parking standard. In a Manufacturing District, the reduction is allowed only if the change of use is 2,500 square feet or less.
(c) Required Permit: Use Permit for projects that require ZAB approval. AUP for all other projects.
(d) Findings: The review authority must make the findings in Subsection B (Findings) below.
3. Non-Residential Uses in Main Residential Building.
(a) Where Allowed: R-SMU district.
(b) Eligible Uses: Non-residential uses in main buildings that contain dwelling units or group living accommodations.
(c) Required Permit: AUP.
(d) Findings: To approve the AUP, the Zoning Officer must find that the parking reduction is consistent with the purposes of the R-SMU district as stated in 23.202.140.A (District Purpose).
4. Residential Uses in Mixed-Use Buildings.
(a) Where Allowed: All districts.
(b) Eligible Uses: The residential use portion of a mixed-use building (residential and commercial).
(c) Required Permit: AUP
(d) Findings: To approve the Use Permit, the ZAB must make findings in each district chapter:
i. C-C district: 23.204.050.D.3.b
ii. C-U district: 23.204.060.D.3.b
iii. C-N district: 23.204.070.D.4
iv. C-SA district: 23.204.100.D.2
v. C-SO district: 23.204.120.D.2
5. Exclusive Residential Uses.
(a) Where Allowed: All districts.
(b) Eligible Uses: Buildings occupied exclusively by residential uses.
(c) Required Permit: AUP
(d) Findings: To approve the AUP, the Zoning Officer must make findings in each district chapter:
i. C-C district: 23.204.050.D3.b
ii. CU district: 23.204.060.D.3.b
iii. C-N district: 23.204.070.D.4
iv. C-SA district: 23.204.100.D.2
v. C-SO district: 23.204.120.D.2
6. Commercial Uses in Mixed-Use Building.
(a) Where Allowed: C-C, CU, C-SA districts.
(b) Location Limitations: In the C-C, C-U districts, the reduction is allowed only on blocks adjacent to University Avenue and lots north of University Avenue, south of Delaware Street, east of Bonita Avenue and west of Oxford Street.
(c) Eligible Uses: Any commercial use portion of a mixed-use building which combines retail products stores and/or personal household services and multi-family residential uses within the same building or located on the same lot (or contiguous lots as part of the same project).
(d) Required Permit: Use Permit.
(e) Findings: The ZAB must make the findings in Subsection B (Findings) below.
7. All Uses in Mixed-Use Building.
(a) Where Allowed: C-W district.
(b) Eligible Uses: All uses in a mixed-use building (residential and commercial).
(c) Permit Required: Use Permit for projects that require ZAB approval. AUP for all other projects.
(d) Finding: To approve the permit, the review authority must find that:
i. The reduction promotes any of the C-W district purpose statements in 23.204.140.A (District Purpose); and
ii. The reduction in the parking requirement is not expected to cause a serious shortage of parking in the area.
8. Bicycle/Motorcycle Spaces.
(a) Where Allowed: C-W and all Manufacturing Districts.
(b) Eligible Uses: All uses.
(c) Allowed Reduction: Up to 10 percent of required off-street automobile spaces may be designated as bicycle and/or motorcycle parking. Bicycle parking must be in addition to bicycle parking required by 23.322.090 (Bicycle Parking).
(d) Permit Required: Use Permit for projects that require ZAB approval. AUP for all other projects.
(e) Finding: To approve the permit, the review authority must find that:
i. The substitution will not lead to an undue shortage of automobile parking spaces; and
ii. It can be reasonably expected that there will be demand for the bicycle and/or motorcycle parking spaces.
9. Proximity to Public Parking Facility.
(a) Where Allowed: C-W district.
(b) Eligible Uses: All uses within 1,000 feet of a public parking facility available to all members of the public.
(c) Permit Required: Use Permit.
(d) Finding: No additional findings.
10. Downtown Reduction/Waiver.
(a) Where Allowed: C-DMU district.
(b) Eligible Uses: All uses.
(c) Permit Required: Use Permit or modified with an AUP.
(d) Finding: The Zoning Officer must make the findings in Subsection B (Findings) below.
11. Adding Residential Units.
(a) Where Allowed: MU-R district.
(b) When Allowed: Adding a residential unit to a property with one or more existing residential units.
(c) Permit Required: AUP
(d) Findings. To approve the AUP Permit, the ZAB must find that:
i. Existing evening parking supply is adequate; and/or
ii. Other mitigating circumstances exist on the property.
12. Limited Duration Reduction.
(a) Where Allowed: M and MM District.
(b) Eligible Uses: All uses.
(c) Permit Required: Use Permit valid for a specified duration not to exceed five years.
(d) Findings. To approve the Use Permit, the ZAB must find that under the circumstances of the particular use and building, the demand for parking can be expected to be below the otherwise required level for a sustained period of time.
B. Findings. Required findings below are in addition to permit findings required in Section 23.406 (Specific Permit Requirements).
1. Commercial, R-S, and R-SMU Districts. When required by Subsection A (Allowed Reductions) above or elsewhere in the Zoning Ordinance, the review authority must make the following findings to approve a reduction in required off-street parking spaces in a Commercial District, the R-S district, or the R-SMU district:
(a) The reduction will not substantially reduce the availability of on-street parking in the vicinity of the use.
(b) One of the following is true:
i. The use is located one-third of a mile or less from a Bay Area Rapid Transit (BART) station, intercity rail station or rapid bus transit stops.
ii. The use is located one-quarter of a mile or less from a public or private parking area, lot, or structure that is accessible by the employees of the use and sufficient parking supply is available therein to mitigate the reduction in parking for the use.
iii. A parking survey conducted under procedures set forth by the Planning Department finds that within 500 feet or less of the use, on non-residential district streets, at least two times the number of spaces requested for reduction are available at on-street parking spaces during the peak hours of operation of the use.
(c) One of the following is true:
i. The parking requirement modification will meet the purposes of the district related to improvement and support for alternative transportation, pedestrian improvements, and activity, or similar policies.
ii. There are other factors, such as alternative transportation demand management strategies or policies in place, that will reduce the parking demand generated by the use.
2. Manufacturing Districts. When required by Subsection A (Allowed Reductions) above or elsewhere in the Zoning Ordinance, the review authority must make the following findings to approve a reduction in required off-street parking spaces in a Manufacturing District:
(a) The reduction will not substantially reduce the availability of on-street parking in the vicinity of the use.
(b) One of the following is true:
i. The use is located one-third of a mile or less from a rapid bus transit stop, an intercity rail station, or a bus stop serving at least four lines.
ii. The use is located one-quarter of a mile or less from a public or private parking area, lot, or structure that is accessible by the employees of the use and sufficient parking supply is available in these facilities to mitigate the reduction in parking.
iii. A parking survey conducted under procedures set forth by the Planning Department finds that within 500 feet or less of the use, on non-residential district streets, at least two times the number of spaces requested for reduction are available at on-street parking spaces during the peak hours of operation of the use.
(c) One of the following is true:
i. The parking requirement modification will implement the West Berkeley Plan goals and policies related to improvement and support for alternative transportation, pedestrian improvements and activity, and similar policies.
ii. There are other project-specific transportation demand management strategies or policies in place, including but not limited to employer sponsored transit subsidies, car sharing programs, bicycle storage, and flexible work schedules. (Ord. 7787-NS § 2 (Exh. A), 2021)