23.406.060 Master Use Permits | Berkeley Municipal Code

23.406.060 Master Use Permits.

A. Purpose. A Master Use Permit is a discretionary approval that allows flexibility in the amount of space occupied by individual tenants in a multi-user site. The purpose of a Master Use Permit is to:

1. Facilitate the implementation of the General Plan and area plans, including the West Berkeley Plan;

2. Expedite the reuse of large and multi-user sites that might otherwise prove difficult to reuse;

3. Facilitate the development and reuse of large, multi-user sites as integrated units in a stable and desirable environment to benefit occupants, the neighborhood, and the city as a whole.;

4. Allow the review and analysis of impacts of multi-tenant projects in a coordinated, consolidated manner; and

5. Improve Berkeley’s competitiveness in attracting and retaining businesses by allowing businesses to quickly move into a site once overall development requirements have been established.

B. Review Authority. The ZAB takes action on all Master Use Permit applications.

C. Voluntary Option. A Master Use Permit is a voluntary option for property owners. If a property owner does not request and receive a Master Use Permit, individual tenants are subject to the Use Permit requirements that ordinarily apply as required by the Zoning Ordinance.

D. Where Allowed. A property that meets the following criteria may apply for a Master Use Permit:

1. The property is located entirely or partially in one of the following districts:

(a) Any Commercial District.

(b) Mixed Use-Light Industrial (MU-LI).

(d) Manufacturing (M).

2. The property will be occupied by three or more independently operating businesses.

1. A Master Use Permit may allow by right more than one individual business and/or use on a site, provided that all other applicable requirements of the Zoning Ordinance are met.

2. A Master Use Permit shall state the square feet of buildings and land allocated for the following uses:

(a) Industrial (manufacturing, wholesaling, and warehousing).

(b) Office (excludes offices ancillary to other uses).

(d) Live/work units.

(e) Residential.

1. The area of a building or site occupied by a use may exceed the Master Use Permit allocation with the permits shown in Table 23.406-1.

Table 23.406-1. ALLOWED VARIATION IN USE ALLOCATIONS
Variation in Use Allocation from Master Use Permit	Permit Required
10% or less	No Permit Required
More than 10% to 25%	AUP
More than 25%	UP(PH)

2. If the allocation of floor area for various uses as shown in Paragraph D (Where Allowed) above remains within the limits set forth in Table 23.406-1, lease spaces may be divided or aggregated in any manner as-of-right.

G. Public Notice and Hearing. The ZAB shall review and take action on a Master Use Permit application at a noticed public hearing in compliance with Chapter 23.404 (Common Permit Requirements).

H. Findings for Approval. To approve a Master Use Permit, the ZAB must find that approval will expedite occupancy and use of the site consistent with the purpose of the district, the General Plan, and any applicable area plan. (Ord. 7787-NS § 2 (Exh. A), 2021)