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A. Purpose. A Modification of Development Standards is a discretionary approval to modify land use and development standards for development projects in the West Berkeley Plan area. The purpose of these modifications is to:

1. Facilitate the implementation of the West Berkeley Plan;

2. Facilitate the reuse of large and multi-user sites which 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; and

4. Allow modifications of standards when:

(a) The modifications serve the overall purposes of their districts and the West Berkeley Plan on large, complex sites; and

(b) The design of the project is compatible with the design and character of the surrounding area.

B. Eligibility. A project must satisfy the following criteria to be eligible for a Modification of Development Standards.

1. More than 50 percent of the site area must be within a C-W, MU-LI, MM or M district.

2. The site must be either:

(a) At least five contiguous acres within the City boundary under a single ownership and not primarily being used by a use conforming to the West Berkeley Plan; or

(b) Less than five acres and forms a full city block bounded on all sides by public streets (exclusive of alleys), mainline railroad tracks, and/or the borders of the City.

C. Allowed Modifications. The ZAB may allow modifications to the following land use and development standards:

1. Permitted location of land uses within a building, site, or district.

2. Development standards including but not limited to, height, yards, open space, and parking.

D. Project Phases. The ZAB may approve a Modification of Development Standards application to allow a project to be built in phases.

E. Limitation. A Modification of Development Standards may not allow any modification that would violate Section 23.206.050 (Protected Uses).

F. Review Authority. The ZAB takes action on all Modification of Development Standards applications.

G. Public Notice and Hearing. The ZAB shall review and act on a Modification of Development Standards application at a noticed public hearing in compliance with Chapter 23.404 (Common Permit Requirements).

H. Findings for Approval.

1. To approve a Modification of Development Standards, the ZAB shall make all of the following findings:

(a) The site is eligible for a Modification of Development Standards under Subsections B (Eligibility) and E (Limitation);

(b) The project is likely to advance the purposes of the West Berkeley Plan and this section;

(c) The project supports the attraction and/or retention of the types of businesses reflected in the purpose statement of the applicable district.

(d) The modification is necessary and appropriate for the development of the proposed project.

2. To approve a Modification of Development Standards, the ZAB shall also make all required Use Permit findings in Section 23.406.040 (Use Permits) and any additional Use Permit findings required by the Zoning Ordinance for the use or development in the applicable district. (Ord. 7787-NS § 2 (Exh. A), 2021)