Division 2 — ZONING DISTRICTS

23.202.010– Chapter Purpose 23.202.020– Allowed Land Uses 23.202.030– Additional Permit Requirements 23.202.040– Use-Specific Regulations 23.202.050– R-1 Single-Family Residential District 23.202.060– R-1A Limited Two-Family Residential District 23.202.070– ES-R Environmental Safety-Residential District 23.202.080– R-2 Restricted Two-Family Residential District 23.202.090– R-2A Restricted Multiple-Family Residential District 23.202.100– R-3 Multiple-Family Residential District 23.202.110– R-4 Multi-Family Residential District 23.202.120– R-5 High-Density Residential District 23.202.130– R-S Residential Southside District 23.202.140– R-SMU Residential Southside District

23.204.010– Chapter Purpose 23.204.020– Allowed Land Uses 23.204.030– Additional Permit Requirements 23.204.040– Use-Specific Permit Requirements and Regulations 23.204.050– C-C Corridor Commercial District 23.204.060– C-U University Commercial District 23.204.070– C-N Neighborhood Commercial District 23.204.080– C-E Elmwood Commercial District 23.204.090– C-NS North Shattuck Commercial District 23.204.100– C-SA South Area Commercial District 23.204.110– C-T Telegraph Avenue Commercial District 23.204.120– C-SO Solano Avenue Commercial District 23.204.130– C-DMU Downtown Mixed-Use District 23.204.140– C-W West Berkeley Commercial District 23.204.150– C-AC Adeline Corridor Commercial District

23.206.010– Chapter Purpose 23.206.020– Allowed Land Uses and Permit Requirements

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23.206.030– Additional Permit Requirements 23.206.040– Use-Specific Regulations 23.206.050– Protected Uses 23.206.060– M Manufacturing District 23.206.070– MM Mixed Manufacturing District

23.206.080– MU-LI Mixed Use-Light Industrial District 23.206.090– MU-R Mixed Use-Residential District 23.206.100– Permit Findings

23.208.010– Specific Plan District 23.208.020– Unclassified District

23.210.010– Purpose of Overlay Zones 23.210.020– Hillside Overlay Zone 23.210.030– Civic Center District Overlay Zone

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Sections: 23.202.010– Chapter Purpose 23.202.020– Allowed Land Uses 23.202.030– Additional Permit Requirements 23.202.040– Use-Specific Regulations 23.202.050– R-1 Single-Family Residential District 23.202.060– R-1A Limited Two-Family Residential District 23.202.070– ES-R Environmental Safety-Residential District 23.202.080– R-2 Restricted Two-Family Residential District 23.202.090– R-2A Restricted Multiple-Family Residential District 23.202.100– R-3 Multiple-Family Residential District 23.202.110– R-4 Multi-Family Residential District 23.202.120– R-5 High-Density Residential District 23.202.130– R-S Residential Southside District 23.202.140– R-SMU Residential Southside District

This chapter identifies allowed land uses, permit requirements, and development standards for residential districts.

• A. Allowed Land Uses. Table 23.202-1: Allowed Land Uses in Residential Districts identifies allowed land uses and required permits in the Residential Districts. All land uses are defined in Chapter 23.502—Glossary. Permit requirements are described in Chapter 23.406—Specific Permit Requirements.

• B. Unlisted Land Uses. Any land use not listed in Table 23.202-1: Allowed Land Uses in Residential Districts is not permitted in the Residential District

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TABLE 23.202-1: ALLOWED LAND USES IN RESIDENTIAL DISTRICTS

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• C. Use-Specific Regulations. Uses subject to supplemental regulations are shown in Table 23.202-1: Allowed Land Uses in Residential Districts with an asterisk () following the permit requirement (e.g., UP). The Use-Specific Regulations column in Error! Reference source not found. identifies the location of these regulations in the Zoning Ordinance.

• A. Residential Additions. See Section 23.502.020.A– Defined Terms (“A” Terms) for residential addition definitions.

1. Permits Required.

• a. In all Residential Districts except for the ES-R district, residential additions require permits as follows:

  • i. Residential additions (up to 15 percent of lot area or 600 square feet, whichever is less): Zoning Certificate.

  • ii. Major residential additions (more than 15 percent of lot area or 600 square feet, whichever is less): AUP.

• b. In the ES-R district, residential additions require permits as follows:

  • i. Residential additions up to 10 percent of lot area or 200 square feet, whichever is less: Zoning Certificate.

  • ii. Major residential additions more than 10 percent of lot area or 200 square feet, whichever is less: Use Permit.

2. Basis for AUP Decision.

• a. To deny an AUP for a residential addition in all residential districts except for the ES-R district, the review authority must find that although the proposed residential addition satisfies all other Zoning Ordinance requirements, the residential addition would unreasonably obstruct sunlight, air, or views.

• b. To approve an AUP for a residential addition in the ES-R district, the review authority must make the finding in Subsection 23.202.070.H.6– ES-R Environmental Safety-Residential District (Land Use Intensification).

B. Adding Bedrooms.

1. In the R-1, R-1A, R-2, R-2A, and R-3 districts, adding a bedroom to a lot requires permits as follows:

   • a. Adding a first, second, third, or fourth bedroom to a lot: no permit required.

   • b. Adding a fifth bedroom to a lot: AUP.

   • c. Adding a bedroom to a lot beyond the fifth: Use Permit.

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2. See Section 23.502.020.B– Defined Terms (“B” Terms) for bedroom definition.

3. In the ES-R district, any alteration to create a new bedroom in a single-family detached home on a single lot requires an AUP. See Section 23.202.070.H.6 (Land Use Intensification) for required finding.

• C. Changes to Nonconforming Structures. See Section 23.324.050– Nonconforming Structures and Buildings for permits required to modify structures that do not conform to setback, height, and other development standards.

• D. Accessory Structures. For accessory structure permit requirements, see the following:

  1. Section 23.304.060– Accessory Buildings and Enclosed Accessory Structures.

  2. Section 23.304.070– Unenclosed Accessory Structures in Residential Districts

  3. Section 23.304.080– Fences.

• A. Community Care Facilities .

  1. Permits Required. Community care facilities in a Residential District require permits as follows:

     • a. Change of use: Zoning Certificate.

     • b. New construction: Use Permit.

  2. ES-R District. Community care facilities in the ES-R district must comply with the following standards:

     • a. Maximum of six residents.

     • b. Permitted pursuant to Health and Safety Code Section 1566.3 when occupying a legally established existing single-family dwelling.

• B. General Retail. In the R-4, R-5, R-S, and R-SMU districts, general retail uses must be:

  1. Accessory to another use;

  2. Contained within a building with no street access; and

  3. Without displays of merchandise visible from the street.

• A. District Purpose. The purpose of the Single-Family Residential (R-1) district is to:

  1. Recognize and protect the existing pattern of development in the low-density, single-family residential areas of the city consistent with the General Plan;

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2. Make housing available for persons who desire detached housing and a relatively large amount of usable open space;

3. Protect adjacent properties from unreasonable obstruction of light and air; and

4. Permit community facilities such as religious assembly uses, schools, parks, and libraries which serve the local population and are not detrimental to the immediate neighborhood.

• B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts

• C. Additional Permit Requirements. See Subsection A of Section 23.202.030– Additional Permit Requirements (Residential Additions) and Subsection B of Section 23.202.030– Additional Permit Requirements (Adding Bedrooms).

D. Development Standards.

1. Basic Standards. See Table 23.202-2: R-1 Development Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-1 district are noted in Table 23.202-2: R-1 Development Standards.

TABLE 23.202-2: R-1 DEVELOPMENT STANDARDS

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• A. District Purpose. The purpose of the Limited Two-Family Residential (R-1A) district is to:

  1. Recognize and protect the existing pattern of low medium-density residential areas characterized by reasonable open and spacious type of development consistent with the General Plan;

  2. Protect adjacent properties from unreasonable obstruction of light and air;

  3. Allow flexibility in the use of property for residential purposes by permitting two dwelling units on one lot under limited conditions; and

  4. Appropriately regulate the rear and side setback areas for the construction of a dwelling unit in areas west of San Pablo Avenue.

• B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts

• C. Additional Permit Requirements. See Subsection A (Residential Additions) and Subsection B (Adding Bedrooms) of Section 23.202.030– Additional Permit Requirements.

D. Development Standards.

1. Basic Standards. See Table 23.202-3: R-1A Development Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-1A district are noted in Table 23.202-3: R-1A Development Standards.

TABLE 23.202-3: R-1A DEVELOPMENT STANDARDS

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A. District Purpose.

1. General. Because of its substandard vehicular access, steep slopes, inadequate water pressure and proximity to the Hayward Fault and vegetated wildlands, the Panoramic Hill area is exceptionally vulnerable to severe damage or destruction from fire and earthquake hazards. Panoramic Hill also includes one of Berkeley’s most architecturally significant residential districts, which is listed in the National Register of Historic Places because of its association with the Arts and Crafts movement of the Bay Area Tradition.

2. Specific. The specific purpose of the Environmental Safety-Residential (ES-R) district is to:

   • a. Provide a means to implement the General Plan and the Hazard Mitigation Plan to reduce the potential for life loss, injury, and economic damage to Berkeley residents from earthquakes, wildfires, and landslides and to protect the City’s unique character and values from being compromised by hazard events by reducing the vulnerability of one of the most unique and inaccessible neighborhoods in the Hill Hazardous Fire Area;

   • b. Protect the lives and property of Panoramic Hill residents in Berkeley and adjoining parts of Oakland and avoid destruction or damage to the natural environment through the application of special development regulations and by ensuring that the review of new development and alterations or additions to existing structures will require analysis and mitigation of geologic, seismic, and fire hazards;

   • c. Limit the uses of land permitted to those which are necessary to serve the housing and access needs of the district’s inhabitants and will not put either current or future residents at risk due to the area’s inadequate infrastructure and special vulnerability to natural hazards;

   • d. Protect the health and safety of current and future residents by ensuring that no new dwelling units will be built and no land may be subdivided to allow the construction of additional dwelling units until plans are in place that identify the future distribution, location, and extent of development in the Berkeley and Oakland neighborhoods of Panoramic Hill, including provisions to develop and maintain a system of public facilities and services adequate to meet the needs of the future population;

   • e. Establish procedures to ensure that the development review process provides for consideration of the cumulative impact of new construction, alterations, and changes in use that have the potential to increase the population or intensify the use of land in the district together with the impacts of other

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projects on Panoramic Hill and within adjacent areas of Berkeley and Oakland;

• f. Restrict the size and occupancy of residential structures by imposing standards that reflect the district’s limited capacity to accommodate additional population due to poor access, inadequate infrastructure, vulnerability to natural hazards and the fact that a majority of the existing development does not conform to standards that the City adopted in 1979;

• g. Assure the effective use of emergency measures available to save lives and property;

  • h. Give reasonable protection to views and privacy, yet allow appropriate development of all property as long as public services and access are adequate to ensure protection of the health and safety of residents in this vulnerable area; and

  • i. Protect the integrity of the Panoramic Hill Historic District by ensuring that alterations to existing buildings and new construction maintain the existing pattern of development, are appropriate to the hillside setting, and do not impair the architectural significance of contributing structures.

• B. Interpretation. Nothing in this section is intended or may be construed to overturn, nullify, or affect any recorded limitation of property in favor of the City. In case of conflict between this section and other provisions of the Zoning Ordinance, the more restrictive standards apply.

C. Allowed Land Uses.

1. General. See Table 23.202-1: Allowed Land Uses in Residential Districts.

2. Rental of Rooms . Rooms may be rented to a maximum of four persons on a single property. Occupancy of a single dwelling unit by a single household as defined in Chapter 23.502—Glossary is permitted.

• D. Additional Permit Requirements. See Section 23.202.030.A– Additional Permit Requirements (Residential Additions) and 23.202.030.B (Adding Bedrooms).

E. Specific Plan Required .

1. The City may not approve an AUP, Use Permit, Parcel Map, or Tentative Map to allow a new dwelling unit in the ES-R district until the City Council adopts a Panoramic Hill Specific Plan (“the Plan”) in compliance with applicable law.

2. At a minimum, the Plan shall:

   • a. Show the proposed distribution, location, and extent of land uses in the ES-R district and the location and extent of the public facilities and services required to serve the land uses;

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• b. Include proposals for water, wastewater, and stormwater systems and for a circulation system adequate to accommodate projected traffic and to provide emergency access to the ES-R district and a program of implementation actions including finance measures necessary to carry out those proposal; and

• c. Include consideration of the needs and future growth of adjacent areas in the City of Oakland that are now or can feasibly be served by the proposed facilities and services.

3. The Zoning Adjustments Board (ZAB) may approve a new residential unit in the ES-R district only after finding that:

   • a. The project is consistent with the Plan; and

   • b. The public facilities and services that the Plan requires have been provided or will be developed as a condition of approval.

F. Environmental Assessment .

1. General.

• a. Due to Panoramic Hill’s inadequate infrastructure and special vulnerability to natural hazards, a project that is ordinarily insignificant in its impact on the environment may be significant if it occurs in the ES-R district.

• b. Any discretionary entitlement under the Zoning Ordinance or Subdivision Ordinance (Municipal Code Title 21) will not be considered exempt from environmental review pursuant to the California Environmental Quality Act, except for alterations to create bedrooms and residential additions with a gross floor area of up to 10 percent of the lot area or 200 square feet, whichever is less, and which otherwise meet all applicable standards of this section.

  • c. Environmental review shall be based on documentation in the record including the reports as described in this section where applicable. Environmental review shall include consideration of the cumulative impact of new construction, alterations, and changes in use that would result in intensification of land use in combination with other projects on Panoramic Hill and adjacent areas that affect conditions in the area.

  • d. For purposes of this section, any project that increases habitable floor area, increases the size or number of sleeping rooms, or has the potential to increase vehicular trips in the area is considered an intensification of land use.

2. Reports Required. All applications for construction and development in the ESR district that are not exempt from environmental review require the following special studies:

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• a. New Construction. All new construction requires a soils report, a geologic report, and a traffic impact study subject to the requirements in this section.

• b. Additions and Accessory Structures . All new accessory structures and additions to existing structures that require the installation of a foundation require a soils report, subject to the requirements below. The Building Official may waive this requirement for additions with less than 50 square feet of gross floor area or detached non-habitable structures with less than 225 square feet of gross floor area.

3. Soils Report. When required by Section 23.202.070.F.2– ES-R Environmental Safety-Residential District (Reports Required), a soils report shall be prepared by a civil engineer registered with the State of California, subject to the following requirements:

   • a. Contents. Based upon adequate test borings or excavations, the report shall assess the potential for landslides, ground shaking, and surface faulting. If the soils report indicates the presence of soil conditions which, if not corrected, could lead to structural defects, the report shall recommend corrective action that is likely to prevent structural damage to each structure proposed to be constructed.

** Based upon adequate test borings or excavations, the report shall assess the potential for landslides, ground shaking, and surface faulting. If the soils report indicates the presence of soil conditions which, if not corrected, could lead to structural defects, the report shall recommend corrective action that is likely to prevent structural damage to each structure proposed to be constructed.

• b. Review of Report. The report shall be reviewed and approved by the City before issuance of any discretionary permit under the Zoning Ordinance, or before issuance of a building or grading permit if a discretionary permit is not required. The City may have the soils report independently reviewed by a licensed geotechnical engineer, registered by the state of California, the cost of which shall be borne by the applicant. The report’s recommended action shall be incorporated in the construction of each structure as a condition to the issuance of any building permit.

4. Geologic Report. When required by Section 23.202.070.F.2– ES-R Environmental Safety-Residential District (Reports Required), a geologic report in compliance with the Alquist-Priolo Earthquake Fault Zoning Act and related regulations shall be prepared by a certified engineering geologist, subject to the following requirements:

   • a. Contents. The report shall identify, describe, and illustrate potential hazards of surface fault rupture, seismic shaking, liquefaction or landslide.

   • b. Review Conditions. The report shall review of the local and regional seismic and other geological conditions that significantly affect the proposed use.

   • c. Assessment. The report shall assess conditions on or near the site that would contribute to the potential for damage to a proposed use from a seismic or other geological event, or the potential for a new use to create adverse effects upon existing uses because of identified geologic hazards. The

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conditions assessed are to include, where applicable, rainfall, soils, slopes, water table, bedrock geology, and any other substrate conditions that may affect seismic response, landslide risk, or liquefaction potential.

• d. Recommendations. The report shall recommend building techniques, site preparation and mitigation measures, or setbacks necessary to reduce risks to life and structural damage to property.

5. Traffic Impact Study. When required by Section 23.202.070.F.2– ES-R Environmental Safety-Residential District (Reports Required), a traffic study shall be prepared by a qualified traffic engineer or transportation planner for any project that may generate new trips, subject to the following requirements:

   • a. Content. The report shall identify, describe, and illustrate traffic, parking, and roadway conditions in the project vicinity including design characteristics, topography, parking and traffic regulation, accident rates, and pavement condition and width.

• b. Assessment. The report shall assess how the project will affect traffic operations and emergency access based on the size, use, and location, and the proposed site design including driveway locations, turn movements to and from the project site, surrounding uses, locations of nearby intersections, and potential to create unsafe traffic conditions.

  • c. Recommendations. The report shall recommend measures to reduce the project’s impact on traffic safety including site design, location of parking and driveways, and off-site improvements necessary to ensure that the project would not exacerbate traffic safety problems in the area.

G. Projects in the Panoramic Hill Historic District.

1. Landmarks Preservation Commission Review.

• a. Before the Zoning Officer or the ZAB may take action on AUP or Use Permit for a project in the Panoramic Hill Historic District that involves new construction, exterior alteration, or demolition, the Zoning Officer shall submit the application to the Landmarks Preservation Commission for review and an advisory recommendation.

• b. The purpose of this review is to ensure that proposed buildings, structures, landscaping, and other architectural and site design features are compatible with the design and appearance of existing buildings and structures in the Panoramic Hill Historic District that have established and contribute to its significant character.

• c. This requirement is in addition to but does not supersede any authority or responsibility the Landmarks Preservation Commission has pursuant to Municipal Code Chapter 3.2—Landmarks Preservation Commission.

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2. Parking Expansion. An AUP is required for any project in the Panoramic Hill Historic District that expands an existing parking area or structure or creates additional parking to comply with the requirements of Chapter 23.322—Parking and Loading.

3. Findings. To approve any project involving exterior alterations, construction, demolition or site plan revisions within the Panoramic Hill Historic District, the review authority must find that:

   • a. The proposed work will not adversely affect the exterior architectural features of the subject property or the relationship between the subject structure or feature and its neighboring structures and surroundings, including facade, massing, scale, materials, setbacks, height, orientation, site design, and landscaping; and

   • b. The proposed work will not detract from or adversely affect the special historical, architectural and aesthetic characteristics of the Panoramic Hill Historic District.

H. Development Standards.

1. Basic Standards. See

2. Table 23.202-4: ES-R Development Standards

3. Supplemental Standards. Supplemental development standards that apply in the ES-R district are noted in

4. Table 23.202-4: ES-R Development Standards.

TABLE 23.202-4: ES-R DEVELOPMENT STANDARDS

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5. Minimum Lot Area Per Dwelling Unit Exception. A legally-created lot less than 25,000 square feet may be developed in compliance with ES-R district requirements if, on the effective date of the regulations that made it substandard, it was in single ownership separate from any abutting lot under the same ownership.

6. Lots Under 5,000 Square Feet. Lots less than 5,000 square feet are allowed no more than one dwelling unit of no more than 1,000 square feet of gross floor area. Accessory Dwelling Units as defined in Section 23.306 (Accessory Dwelling Units) are not subject to this restriction.

7. Height Increases. To approve an AUP or Use Permit to allow an increase in building height, the review authority must find that the increased height is:

   • a. Justified due to the topography of the site; and

   • b. Consistent with the purposes of the ES-R district as stated in Section 23.202.070.A – ES-R Environmental Safety-Residential District (District Purpose).

8. Land Use Intensification. To approve any project that increases habitable floor area, increases the size or number of bedrooms, may increase vehicular trips in the area, or will otherwise intensify the use of land in the ES-R district, the review authority must find that the project individually or together with other projects

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within or adjacent to the ES-R district will not threaten the safety and general welfare of Panoramic Hill residents.

9. Nonconforming Uses and Structures.

• a. Additions and enlargements to structures that contain a nonconforming use are not permitted.

• b. Alteration, addition, or enlargement of a nonconforming structure that contains a conforming use is allowed provided that:

• i. The project complies with Section 23.324.050.D– Nonconforming Structures and Buildings (Expansion); and

  • ii. All findings required for the project by the Zoning Ordinance can be made.

• A. District Purpose. The purpose of the Restricted Two-Family Residential (R-2) district is to:

  1. Implement the General Plan by encouraging the development of low mediumdensity residential areas characterized by a reasonably open and spacious type of development with a pattern of housing types ranging from single-family to duplexes and small apartment structures;

  2. Make available housing for persons who desire a range of housing choice with a relatively large amount of open space; and

  3. Protect adjacent properties from unreasonable obstruction of light and air.

• B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts

• C. Additional Permit Requirements. See Subsection A of Section 23.202.030 (Residential Additions) and Subsection B of 23.202.030 (Adding Bedrooms).

D. Development Standards.

1. Basic Standards. See Table 23.202-5: R-2 Lot and Height Standards, Table 23.202-6: R-2 Setback and Building Separation Standards, and Table 23.202-7: R-2 Lot Coverage Standards for development standards in the R-2 district.

2. Supplemental Standards. Supplemental development standards that apply in the R-2 district are noted in Table 23.202-5: R-2 Lot and Height Standards, Table 23.202-6: R-2 Setback and Building Separation Standards, and Table 23.202-7: R-2 Lot Coverage Standards.

TABLE 23.202-5: R-2 LOT AND HEIGHT STANDARDS

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TABLE 23.202-6: R-2 SETBACK AND BUILDING SEPARATION STANDARDS

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TABLE 23.202-7: R-2 LOT COVERAGE STANDARDS

• A. District Purpose. The purpose of the Restricted Multiple-Family Residential (R-2A) district is to:

  1. Implement the General Plan by encouraging the development of medium-density residential areas characterized by small multiple-family and garden-type apartment structures with a maximum of open space consistent with this type of development;

  2. Make available housing for persons who desire apartment-type accommodations with a maximum of open space;

  3. Protect adjacent properties from unreasonable obstruction of light and air; and

  4. Permit only land use intensity which is compatible with existing low-density residential structures and is not detrimental to the immediate neighborhood.

• B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts.

• C. Additional Permit Requirements. See Subsection A of Section 23.202.030 (Residential Additions) and Subsection B of 23.202.030 (Adding Bedrooms).

D. Development Standards.

1. Basic Standards. See Table 23.202-8: R-2A Lot and Height Standards, Table 23.202-9: R-2A Setback and Building Separation Standards, and Table 23.202-10: R-2A Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-2A district are noted in Table 23.202-8: R-2A Lot and Height Standards, Table 23.202-9: R-2A Setback and Building Separation Standards, and Table 23.202-10: R-2A Lot Coverage Standards.

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TABLE 23.202-8: R-2A LOT AND HEIGHT STANDARDS

TABLE 23.202-9: R-2A SETBACK AND BUILDING SEPARATION STANDARDS

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TABLE 23.202-10: R-2A LOT COVERAGE STANDARDS

• A. District Purpose. The purpose of the Multiple-Family Residential (R-3) district is to:

  1. Implement the General Plan by encouraging development of relatively highdensity residential areas;

  2. Make available housing for persons who desire both convenience of location and a reasonable amount of usable open space;

  3. Protect adjacent properties from unreasonable obstruction of light and air;

  4. Permit the construction of residential structures, such as dormitories, fraternity and sorority houses, boarding and rooming houses, which meet City requirements for this type of housing; and

  5. Permit the construction of specialized care and treatment facilities such as senior congregate housing, nursing homes, and hospitals when such are not detrimental to the immediate neighborhood.

• B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts.

• C. Additional Permit Requirements. See Subsections A of Section 23.202.030 (Residential Additions) and 23.202.030 (Adding Bedrooms).

• D. Design Review. Within the Southside Plan boundaries, all mixed-use and community and institutional use projects, as defined in Chapter 23.502 Glossary require Design Review. See Figure 23.202-1: R-3 Areas Subject to Design Review.

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FIGURE 23.202-1: R-3 AREAS SUBJECT TO DESIGN REVIEW

==> picture [467 x 317] intentionally omitted <==

E. Development Standards.

1. Basic Standards. See Table 23.202-11: R-3 Lot and Height Standards, Table 23.202-12: R-3 Setback and Building Separation Standards, and Table 23.202-13: R-3 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-3 district are noted in Table 23.202-11: R-3 Lot and Height Standards, Table 23.202-12: R-3 Setback and Building Separation Standards, and Table 23.202-13: R-3 Lot Coverage Standards.

TABLE 23.202-11: R-3 LOT AND HEIGHT STANDARDS

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TABLE 23.202-12: R-3 SETBACK AND BUILDING SEPARATION STANDARDS

TABLE 23.202-13: R-3 LOT COVERAGE STANDARDS

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3. Increase in Lot Coverage. Lot coverage may be increased for a project in an R- 3 district located within the Southside Plan boundaries if an AUP is obtained with one or both of the following findings:

   • a. The increased coverage would enable a new rear dwelling on the lot; or

   • b. It would enable moving a historic building onto the lot.

• A. District Purpose. The purpose of the Multi-Family Residential (R-4) district is to:

  1. Implement the General Plan by encouraging development of relatively highdensity residential areas;

  2. Make available housing for persons who desire both convenience of location and a reasonable amount of usable open space;

  3. Protect adjacent properties from unreasonable obstruction of light and air;

  4. Permit the construction of residential structures, such as residential hotels, which will provide housing opportunities for transient or seasonal residents; and

  5. Permit the construction of institutional and office uses that are not detrimental to the immediate neighborhood.

• B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts.

• C. Additional Permit Requirements. See Section 23.202.030.A– Additional Permit Requirements (Residential Additions).

• D. Design Review. All commercial and mixed-use projects in the R-4 district require Design Review.

E. Development Standards.

1. Basic Standards. See Table 23.202-14: R-4 Lot and Height Standards, Table 23.202-15: R-4 Setback and Building Separation Standards, and Table 23.202-16: R-4 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-4 district are noted in Table 23.202-14: R-4 Lot and Height Standards, Table 23.202-15: R-4 Setback and Building Separation Standards, and Table 23.202-16: R-4 Lot Coverage Standards.

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TABLE 23.202-14: R-4 LOT AND HEIGHT STANDARDS

TABLE 23.202-15: R-4 SETBACK AND BUILDING SEPARATION STANDARDS

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TABLE 23.202-16: R-4 LOT COVERAGE STANDARDS

• A. District Purpose. The purpose of the High-Density Residential (R-5) district is to:

  1. Foster development of high-density, multi-story residential areas close to major shopping, transportation, and employment centers, in accordance with the General Plan;

  2. Make available housing for persons who desire convenience of location and who require relatively small amounts of usable open space;

  3. Assure adequate light, air, privacy and usable open space to promote and protect their physical and mental health;

  4. Protect adjacent properties from unreasonable obstruction of light and air;

  5. Permit the construction of residential structures, such as apartments and hotels, which provide housing opportunities for transient or seasonal residents; and

  6. Permit the construction of institutional and office uses when such uses are not detrimental to the immediate neighborhood.

• B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts.

• C. Additional Permit Requirements. See Section 23.202.030.A– Additional Permit Requirements (Residential Additions).

D. Development Standards.

1. Basic Standards. See Table 23.202-17: R-5 Lot and Height Standards, Table 23.202-18: R-5 Setback and Building Separation Standards, and Table 23.202-19: R-5 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-5 district are noted in Table 23.202-17: R-5 Lot and Height Standards, Table 23.202-18: R-5 Setback and Building Separation Standards, and Table

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TABLE 23.202-17: R-5 LOT AND HEIGHT STANDARDS

TABLE 23.202-18: R-5 SETBACK AND BUILDING SEPARATION STANDARDS

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TABLE 23.202-19: R-5 LOT COVERAGE STANDARDS

• A. District Purpose. The purpose of the Residential Southside (R-S) district is to:

  1. Implement General Plan and Southside Plan policy by encouraging relatively high and moderate-density, multi-story residential development close to major shopping, transportation, and employment centers;

  2. Make housing available for persons who desire a convenient location with relatively small amounts of usable open space, yet assure adequate light, air, privacy and usable open space to promote and protect their physical and mental health;

  3. Protect adjacent properties from unreasonable obstruction of light and air;

  4. Permit the construction of residential structures, such as apartments, and residential hotels, which will provide housing opportunities for transient or seasonal residents;

  5. Encourage the construction of new housing on vacant properties and surface parking lots;

  6. Encourage the redevelopment of single-story structures that are not historically significant resources with more dense housing development; and

  7. Protect and enhance historically and architecturally significant buildings by ensuring that new development and alterations complement their existing architectural character.

• B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts.

• C. Additional Permit Requirements. See Section 23.202.030.A– Additional Permit Requirements (Residential Additions).

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• D. Design Review. All mixed-use and community and institutional projects, as defined in Chapter 23.502—Glossary, require Design Review.

E. Development Standards.

1. Basic Standards. See

2. Table 23.202-20: R-S Lot and Height Standards, Table 23.202-21: R-S Setback and Building Separation Standards, and Table 23.202-22: R-S Lot Coverage Standards.

3. Supplemental Standards. Supplemental development standards that apply in the R-S district are noted in

4. Table 23.202-20: R-S Lot and Height Standards, Table 23.202-21: R-S Setback and Building Separation Standards, and Table 23.202-22: R-S Lot Coverage Standards.

TABLE 23.202-20: R-S LOT AND HEIGHT STANDARDS

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Notes:

• [1] One additional person is allowed for remaining lot area between 350 and 200 square feet.

• [2] Maximum 45 feet and 4 stories allowed with a Use Permit if at least 50 percent of the total building floor area is designated for residential use and the ZAB finds that the project meets the purpose of the district.

• [3] Maximum 35 feet and 3 stories allowed with an AUP. Maximum 45 feet and 4 stories allowed with a Use Permit if at least 50 percent of the total building floor area is designated for residential use and the ZAB finds that the project meets the purpose of the district.

TABLE 23.202-21: R-S SETBACK AND BUILDING SEPARATION STANDARDS

TABLE 23.202-22: R-S LOT COVERAGE STANDARDS

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• A. District Purpose. The purpose of the Residential Southside Mixed Use (R-SMU) district is to:

  1. Implement General Plan and Southside Plan policy by encouraging high-density, multi-story residential development close to major shopping, transportation, and employment centers;

  2. Make housing available for persons who desire a convenient location, but who require relatively small amounts of usable open space, yet assure adequate light, air, privacy and usable open space to promote and protect their physical and mental health;

  3. Protect adjacent properties from unreasonable obstruction of light and air;

  4. Permit the construction of residential structures, such as apartments and residential hotels, which will provide housing opportunities for transient or seasonal residents;

  5. Permit the construction of institutional, neighborhood serving retail, and office uses when such uses are not detrimental to the immediate neighborhood;

  6. Provide locations for relocation of office space from other locations in the Southside Plan area;

  7. Encourage the construction of new housing and mixed-use development on vacant properties and surface parking lots;

  8. Encourage the redevelopment of single-story structures that are not historically significant resources with housing and mixed-use development; and

  9. Protect and enhance historically and architecturally significant buildings by ensuring that new development and alterations complement their existing architectural character.

B. Allowed Land Uses.

1. General. See Table 23.202-1: Allowed Land Uses in Residential Districts.

2. Commercial Uses.

• a. Any project that creates new commercial floor area requires a Use Permit. Creating new floor area includes constructing a new building or accessory building, adding floor area to an existing building, or installing a new floor or mezzanine level within or onto an existing building.

• b. Tenant space reconfiguration of an existing commercial building requires an AUP.

3. Food Product Stores. Food product stores are limited to 3,000 square feet in the R-SMU district.

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• C. Additional Permit Requirements. See Section 23.202.030.A– Additional Permit Requirements (Residential Additions).

• D. Design Review. All commercial, mixed-use, and community and institutional use projects, as defined in Chapter 23.502—Glossary, require Design Review.

E. Development Standards.

1. Basic Standards.

• a. Table 23.202-23: R-SMU Lot and Height Standards shows lot and height standards that apply in all areas in the R-SMU district.

TABLE 23.202-23: R-SMU LOT AND HEIGHT STANDARDS

• b. Table 23.202-24 and Table 23.202-25 show setback, building separation, and lot coverage standards that apply to main buildings:

  • i. With dwelling units or group living accommodations; or

  • ii. Are located north of Durant Avenue

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2. Supplemental Standards. Supplemental development standards that apply in the R-SMU district are noted in Table 23.202-23 to Table 23.202-27.

3. Increase in Building Height.

• a. The ZAB may approve a Use Permit to increase the allowed height of a main building or residential addition in the two subareas shown in Figure 23.202-2: R-SMU Subareas. Maximum allowed height is:

  • i. 75 feet and 5 stories in Subarea One; and

  • ii. 65 feet and 5 stories in Subarea Two.

FIGURE 23.202-2: R-SMU SUBAREAS

==> picture [468 x 315] intentionally omitted <==

• b. To approve the Use Permit for increased building height, the ZAB must make the following findings:

  • i. At least 50 percent of the total floor area is designated for residential use.

  • ii. The project meets the purposes of the R-SMU district as stated in Section 23.202.140.A (District Purpose).

4. Increase in Density for Group Living Accommodation. The ZAB may approve a Use Permit to increase the density of a group living accommodation use (i.e.,

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decrease the minimum lot area per group living accommodation room as shown in Table 23.202-23: R-SMU Lot and Height Standards). To approve the Use Permit, the ZAB must make the following findings:

• a. At least 50 percent of the total building floor area is designated for residential use.

• b. The increased density will not be detrimental to the immediate neighborhood.

• c. The project meets the purposes of the R-SMU district as stated in Section 23.202.140.A – R-SMU Residential Southside District (District Purpose).

TABLE 23.202-24: R-SMU SETBACK AND BUILDING SEPARATION STANDARDS FOR MAIN BUILDINGS WITH DWELLING UNITS OR GROUP LIVING ACCOMMODATIONS OR LOCATED NORTH OF DURANT AVENUE

TABLE 23.202-25: R-SMU LOT COVERAGE STANDARDS FOR MAIN BUILDINGS WITH DWELLING UNITS OR GROUP LIVING ACCOMMODATIONS OR LOCATED NORTH OF DURANT AVENUE

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• d. Table 23.202-26 and Table 23.202-27 show setback, building separation, and lot coverage standards that apply to main buildings:

  • i. Without dwelling units or group living accommodations: or

  • ii. Located south of Durant Avenue.

TABLE 23.202-26: R-SMU SETBACK AND BUILDING SEPARATION STANDARDS FOR MAIN BUILDINGS WITHOUT DWELLING UNITS OR GROUP LIVING ACCOMMODATIONS OR LOCATED SOUTH OF DURANT AVENUE

TABLE 23.202-27: R-SMU LOT COVERAGE STANDARDS FOR MAIN BUILDINGS WITHOUT DWELLING UNITS OR GROUP LIVING ACCOMMODATIONS OR LOCATED SOUTH OF DURANT AVENUE

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5. Increase in Lot Coverage.

• a. An AUP may be approve to increase lot coverage up to 100 percent for a main building that contains dwelling units, contains group living accommodations, or is located north of Durant Avenue.

• b. To approve an AUP, a finding must be made that the increase is appropriate given the setbacks and architectural design of surrounding buildings.

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Sections:

23.204.010– Chapter Purpose 23.204.020– Allowed Land Uses 23.204.030– Additional Permit Requirements 23.204.040– Use-Specific Permit Requirements and Regulations 23.204.050– C-C Corridor Commercial District 23.204.060– C-U University Commercial District 23.204.070– C-N Neighborhood Commercial District 23.204.080– C-E Elmwood Commercial District 23.204.090– C-NS North Shattuck Commercial District 23.204.100– C-SA South Area Commercial District 23.204.110– C-T Telegraph Avenue Commercial District 23.204.120– C-SO Solano Avenue Commercial District 23.204.130– C-DMU Downtown Mixed-Use District 23.204.140– C-W West Berkeley Commercial District 23.204.150– C-AC Adeline Corridor Commercial District

This chapter identifies allowed land uses, permit requirements, and development standards for the Commercial Districts.

• A. Allowed Land Use Table. Table 23.204-1: Allowed Uses in the Commercial Districts identifies allowed land uses and required permits in the Commercial Districts. All land uses are defined in Chapter 23.502 (Glossary). Permit requirements are described in Chapter 23.406 (Specific Permit Requirements). Permits required for land uses shown in Table 23.204-1 apply to both:

  1. The initial establishment of a land use in a new building; and

  2. The change of use in an existing building or portion of a building.

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TABLE 23.204-1: ALLOWED USES IN THE COMMERCIAL DISTRICTS

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Unlisted Land Uses . Any use not listed in Table 23.204-1: Allowed Uses in the Commercial Districts is permitted with an AUP. To approve the AUP, the Zoning Officer must find that the use is compatible with the purposes of the district where it is located. Any use found to be incompatible with the purposes of the district is not permitted.

• B. Use-Specific Regulations. Uses subject to supplemental regulations are shown in in Table 23.204-1: Allowed Uses in the Commercial Districts with an asterisk () following the permit requirement (e.g., ZC). The Use-Specific Regulations column in Table 23.204-1 identifies the location of these regulations in the Zoning Ordinance.

A. Change of Use.

1. Uses subject to additional permit requirements with a change of use are shown in Table 23.204-1: Allowed Uses in the Commercial Districts with a note [1] or [2] following the permit requirement (e.g., ZC [1]).

2. A change of use means a change to a different category of commercial or manufacturing use but does not include changes between uses that are classified in the same category of commercial or manufacturing use. For example, changing a pet store (in “Retail Use” category) to a medical practitioner (in “Offices” category) is subject to change of use permit requirements in Table 23.204-1. Changing a pet store to general retail (also in “Retail Use” category) is not subject to the change of use permit requirements.

B. New Floor Area.

1. When Permit is Required. A project that creates new floor area for any use requires permits as shown in Table 23.204-2: New Floor Area Permit Requirements. Creation of new floor area includes:

   • a. Construction of new main buildings or accessory buildings;

   • b. Additions to existing buildings; or

   • c. The installation of new floor or mezzanine levels within or onto existing buildings.

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TABLE 23.204-2: NEW FLOOR AREA PERMIT REQUIREMENTS

2. C-DMU Findings. To approve a Use Permit for new floor area in the C-DMU district, the ZAB must find that:

   • a. The addition or new building is compatible with the visual character and form of the district; and

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• b. No designated landmark structure, structure of merit, or historic district in the vicinity would be adversely affected by the appearance or design of the proposed addition.

3. C-W Findings. To approve an AUP or Use Permit for new floor area in the C-W district, the review authority must find that the new use or structure provides an intensity of development which does not underutilize the property.

4. C-AC Findings . To approve a Use Permit for new floor area in the C-AC district, the review authority must find that the proposed use or structure will:

   • a. Be compatible with the purposes of the District;

• b. Be compatible with the design and character within the District and the adjacent residential neighborhoods;

  • c. Encourage utilization of public transit and off-street parking facilities in the area of the proposed building; and

  • d. If a new residential development, that the proposed use or structure facilitates construction of affordable housing as defined by the US Department of Housing and Urban Development (HUD) Guidelines.

C. Tenant Space Reconfiguration.

1. Reconfiguration of tenant space in an existing building requires a permit as listed in Table 23.204-3: Tenant Space Reconfiguration Permit Requirements.

2. As used in this section, tenant reconfiguration means any physical change to an existing building’s walls separating leased spaces so as to change:

   • a. The number of lease spaces for commercial businesses; or

   • b. The square footage of leasable floor area of an existing commercial lease space.

TABLE 23.204-3: TENANT SPACE RECONFIGURATION PERMIT REQUIREMENTS

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D. Major Residential Additions.

1. Where Allowed/Required Permits.

• a. Major residential additions in the C-W district require an AUP.

• b. No additional permits are required for major residential additions in all other C districts.

2. Findings . To deny an AUP for a major residential addition in the C-W district, the review authority must find that although the proposed major residential addition satisfies all other standards of the Zoning Ordinance, the addition would unreasonably obstruct sunlight, air, or views.

E. Changes to Nonconforming Structures. See Section 23.324.050–

• Nonconforming Structures and Buildings for permits required to modify structures that do not conform to setback, height, and other development standards.

• F. Accessory Structures. For accessory structure permit requirements, see the following:

  1. Section 23.304.060– Accessory Buildings and Enclosed Accessory Structures.

  2. Section 23.304.070– Unenclosed Accessory Structures in Residential Districts.

  3. Section 23.304.080– Fences.

• A. Commercial Recreation Centers. See Table 23.204-4: Commercial Recreation Center Permit Requirements for commercial recreation centers in the Commercial Districts.

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TABLE 23.204-4: COMMERCIAL RECREATION CENTER PERMIT REQUIREMENTS

B. Group Class Instruction.

1. C-NS and C-DMU Districts. When group class instruction in the C-NS or C- DMU districts are located on the ground floor adjacent to a street frontage, storefront windows must include a window display or to be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

2. C-NS District. Group class instruction uses in the C-NS may not exceed 2,500 square feet.

3. C-T District. Group class instruction uses in the C-T district are not permitted on the ground floor.

C. Gyms and Health Clubs.

1. Permits Required. Table 23.204-5: Gym and Health Club Permit Requirements shows permits required for gyms and health clubs in the Commercial Districts.

TABLE 23.204-5: GYM AND HEALTH CLUB PERMIT REQUIREMENTS

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7,500 sq. ft. and greater UP(PH)

Note:

• [1] Change of use permit requirements as described in Section – Additional Permit Requirements. A (Change of Use) also apply. In the C-C, C-U, and C-SA districts, a change of use of gross floor area over 3,000 square feet requires an AUP. In the C-N, C-E, C-NS, and C-SO districts, a change of use of gross floor area over 2,000 square feet requires an AUP.

  2. **C-DMU District.** When located on the ground floor adjacent to a street frontage, storefront windows for a gym and health club in the C-DMU district must include a window display or to be transparent and provide pedestrian viewing at least 10 feet into the storefront area. 
  

  • D. Transparency Requirement for Office Uses . When office uses shown in are located on the ground floor adjacent to a street frontage, storefront windows shall either:

    1. Include a storefront window display; or

    2. Be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

TABLE 23.204-6: OFFICE USES SUBJECT TO TRANSPARENCY REQUIREMENT

• E. Department Stores. Table 23.204-7: Department Store Permit Requirements shows permits required for department stores in the Commercial Districts.

TABLE 23.204-7: DEPARTMENT STORE PERMIT REQUIREMENTS

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Note:

• [1] Change of use permit requirements as described in Section – Additional Permit Requirements. A (Change of Use) also apply. In the C-C, C-U, and C-SA districts, a change of use of gross floor area over 3,000 square feet requires an AUP. In the C- N, C-E, C-NS, and C-SO districts, a change of use of gross floor area over 2,000 square feet requires an AUP.

• F. Drugstores. The following requirements apply to drugstores in the C-N, CE, C-NS, and C-SO districts.

  1. Where Prohibited. A new or expanded drugstore is not permitted if it is:

     • a. Over 5,000 square feet in gross floor area; and

     • b. Within 1,000 feet of any property containing an existing drugstore.

  2. Measurement of Distance. Distances between drugstores are measured by a straight line from the nearest point of the property line of the parcel on which the drugstore is proposed to the nearest point of the lot line of the lot on which the nearest drugstore is located.

• A. District Purpose. The purpose of the Corridor Commercial (C-C) district is to:

  1. Implement the General Plan’s designations for Avenue Commercial areas;

  2. Provide locations for a wide variety of activities along thoroughfares;

  3. Encourage development in underutilized neighborhood and community shopping areas; and

  4. Promote development compatible with adjacent commercial and residential areas.

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• B. Allowed Land Uses. See Table 23.204-1: Allowed Uses in the Commercial Districts.

• C. Additional Permit Requirements. See Section 23.204.030– Additional Permit Requirements.

D. Development Standards.

1. Basic Standards. See Table 23.204-8: C-C Development Standards. For residential-only projects, see also Table 23.204-9: C-C Setbacks and Building Separation for Residential-Only Uses and Table 23.204-10: C-C Lot Coverage Standards for Residential-Only Uses.

2. Lots Abutting or Confronting a Residential District. See Section 23.304.130– Non-Residential Districts Abutting a Residential District for additional building feature requirements for lots that abut or confront a Residential District.

TABLE 23.204-8: C-C DEVELOPMENT STANDARDS

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==> picture [555 x 403] intentionally omitted <==

----- Start of picture text -----
PROJECT LAND USE
SUPPLEMENTAL
NON- RESIDENTIAL STANDARDS
MIXED USE
ONLY
RESIDENTIAL
Abutting/Confronting a Non-
No minimum
residential District
Abutting/Confronting a
See 23.304.130.C.2
Residential District
See Table
23.304.040–
23.204-9
Building
Building Separation, Minimum No minimum Separation in
Residential
Districts
See Table 23.304.120– Lot
Lot Coverage, Maximum 100%
23.204-10 Coverage
Notes:
[1] One additional resident is allowed for remaining lot area between 200 and 350 square feet.
[2] Minimum open space for mixed use projects can be reduced with a UP(PH). See
23.204.050.D.3.
[3] In mixed use buildings, the third and higher stories must be used for residential purposes.
[4] The maximum height of a mixed use project can be increased to 50 ft and 4 stories with the
issuance of a UP(PH).
----- End of picture text -----

between 200 and 350 square feet.
[2] Minimum open space for mixed use projects can be reduced with a UP(PH). See
23.204.050.D.3.
[3] In mixed use buildings, the third and higher stories must be used for residential purposes.
[4] The maximum height of a mixed use project can be increased to 50 ft and 4 stories with the
issuance of a UP(PH).
----- End of picture text -----

TABLE 23.204-9: C-C SETBACKS AND BUILDING SEPARATION FOR RESIDENTIAL-ONLY USES

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[1] Development standards included in this table may be modified with a UP(PH). See 23.204.050.D.3.

TABLE 23.204-10: C-C LOT COVERAGE STANDARDS FOR RESIDENTIAL-ONLY USES

3. Modification to Standards – Mixed-Use Open Space and Residential-Only Projects.

• a. The ZAB may modify the following standards with a Use Permit:

  • i. Minimum usable open space for mixed use projects shown in Table 23.204-8.

  • ii. Any standard for residential-only projects in Table 23.204-9 and Table 23.204-10.

• b. To approve the modification, the ZAB must find that the modification achieves one or more of the following:

  • i. Encourages use of the ground floor for commercial purposes where appropriate.

  • ii. Encourages utilization of public transit and existing off-street parking facilities in the area of the proposed building.

  • iii. Facilitates the construction of residential or tourist hotel uses where appropriate.

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  - _iv._ Permits consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose. 

• E. Permit Findings. To approve any AUP or Use Permit for a project in the C-C district, the review authority must make the findings in Section 23.406.040– Use Permits and find that the proposed use or structure:

  1. Is compatible with the purpose of the district;

  2. Is compatible with the surrounding uses and buildings;

3. Does not interfere with the continuity of retail and service facilities at the ground level; and

   4. Does not exceed the amount and intensity of use that can be served by the available traffic capacity and potential parking supply.

• A. District Purpose. The purpose of the C-U University Commercial district is to:

  1. Implement the General Plan’s designations for Avenue Commercial areas;

  2. Provide locations for a wide variety of activities along thoroughfares;

  3. Encourage development in underutilized neighborhood and community shopping areas; and

  4. Promote development compatible with adjacent commercial and residential areas.

  5. Implement the University Avenue Strategic Plan by:

     • a. Increasing public safety for residents, merchants, and customers;

     • b. Revitalize the University Avenue corridor through appropriate economic development and housing;

     • c. Protecting and improving neighborhood quality of life;

     • d. Encourage more pedestrian-oriented development and an appropriate mix of uses to improve neighborhood identity;

     • e. Enhancing University Avenue as a gateway to the city, a series of neighborhoods, and the downtown;

     • f. Coordinating and enhance public transit systems, pedestrian access, and bicycle circulation; and

     • g. Encouraging a concentration of commercial activity at the designated nodes.

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B. Allowed Land Uses.

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Alcoholic Beverage Retail Sales. Alcoholic beverage retail sales are allowed in the C-U district only in conjunction with a restaurant or general food product store.

3. Residential Uses.

• a. Ground Floor Residential Uses. Ground floor residential uses, including leasing and management offices and other similar resident-serving uses, require a Use Permit.

• b. University Avenue Node Area. In the University Avenue Node Area shown in Figure 23.204-1: C-U District Sub-Areas, new residential uses must be integrated with non-residential uses in a mixed-use development.

• c. Outside of Node Area. Single use residential projects are permitted outside of the University Avenue Node Area with a Use Permit.

FIGURE 23.204-1: C-U DISTRICT SUB-AREAS

==> picture [468 x 318] intentionally omitted <==

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• C. Additional Permit Requirements. See Section 23.204.030– Additional Permit Requirements.

D. Development Standards.

1. Basic Standards. See Table 23.204-11: C-U Development Standards and Table 23.204-12: C-U Setback Standards. For residential-only projects, see also Table 23.204-13: C-U Setback and Building Separation Standards for Residential Only Uses and Table 23.204-14: C-U Lot Coverage Standards for Residential-Only Uses. See Figure 23.204-1 for C-U district sub-area boundaries.

TABLE 23.204-11: C-U DEVELOPMENT STANDARDS

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TABLE 23.204-12: C-U SETBACK STANDARDS

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TABLE 23.204-13: C-U SETBACK AND BUILDING SEPARATION STANDARDS FOR RESIDENTIAL ONLY USES [1]

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Notes:

• [1] Development standards included in this table may be modified with a UP(PH). See 23.204.060.D.3

• [2] Setback area must be used to accommodate landscaping that enhances the streetscape and provides a sense of privacy for residential units on the first floor.

TABLE 23.204-14: C-U LOT COVERAGE STANDARDS FOR RESIDENTIAL-ONLY USES

2. Lots Abutting or Confronting a Residential District.

• a. See 23.304.030.C.2– Setbacks (Lots Adjacent to Residential Districts) for additional setback and building feature requirements for lots:

  • i. With a front lot line on University Avenue; and

  • ii. That abut or confront a residential district.

• b. If the front lot line is not on University Avenue, 23.304.030.C.2– Setbacks (Lots Adjacent to Residential Districts) does not apply.

3. Modification to Standards – Mixed-Use Open Space and Residential-Only Projects.

   • a. The ZAB may modify the following standards with a Use Permit:

     • i. Minimum usable open space for mixed use projects and exclusive residential uses in Table 23.204-11.

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• ii. Any standard for residential-only projects in Table 23.204-13 and Table 23.204-14.

• b. The approve the modification, the ZAB must find that the modification achieves one or more of the following:

  • i. Encourages use of the ground floor for commercial purposes where appropriate.

  • ii. Encourages utilization of public transit and existing off-street parking facilities in the area of the proposed building.

  • iii. Facilitates the construction of residential or tourist hotel uses where appropriate.

  • iv. Permits consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose.

4. Rear Yard Setbacks – South Side of University Avenue – Allowed Reduction.

• a. For projects on the south side of University Avenue, the ZAB may reduce the required rear setbacks in Table 23.204-12 with a Use Permit to at least six feet on the ground floor.

• b. The ZAB may allow the reduction only if the square footage added on the ground floor is used to increase the average 20-foot setback on upper stories to facilitate the privacy of abutting residentially-zoned lots.

5. Solar Access. Buildings on the north side of University Avenue may not cast a shadow at noon more than 20 feet onto any lot in a residential district as calculated when the sun is at a 29-degree angle above the horizon (winter solstice).

6. Ground Floor Commercial Uses – Standards.

• a. All mixed use and non-residential projects shall provide ground floor commercial uses as shown in Table 23.204-15: C-U Ground Floor Commercial Use Standards. See Figure 23.204-1 for C-U district subarea boundaries.

TABLE 23.204-15: C-U GROUND FLOOR COMMERCIAL USE STANDARDS

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• b. Ground level commercial space shall be designed to allow for the space to be easily divided or assembled.

7. Ground Floor Commercial Uses – Minimum Floor Area Reductions.

• a. The ZAB may allow a reduction in the minimum required floor area to no less than indicated in Table 23.204-15 with a Use Permit for projects on lots that are:

  • i. Less than 7,500 square feet; and

  • ii. Without side street access (internal lots).

• b. To approve the reduction, the ZAB must find that:

  • i. Parking cannot be efficiently provided at grade and project parking conflicts with the requirement for ground floor commercial space;

  • ii. The reduced commercial area will result in a project with an enhanced commercial configuration; and

  • iii. The reduced commercial area promotes pedestrian-oriented activity along University Avenue through the mix of commercial uses, and/or the commercial uses will remain open beyond standard business hours, such as into the evening and on weekends, and the uses will be visible from University Avenue frontage.

8. Ground Floor Commercial Uses – Minimum Frontage Reduction. The ZAB may allow a reduction in the minimum required frontage requirement along

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University Avenue as shown in Table 23.204-15 with a Use Permit upon finding that the minimum frontage requirement conflicts with:

• a. Minimum project site egress requirements;

• b. Minimum required driveway access to parking areas; or

• c. Project utility needs.

9. Parking Areas for Residential-Only Projects. All residential-only projects shall limit ground level parking uses directly fronting on University Avenue to no more than 25 percent of the project’s University Avenue frontage. All parking garage walls adjacent to University Avenue or side streets shall be articulated through design elements or material detailing to avoid blank walls extending more than 12 feet along the University Avenue or side street frontage.

10. Open Space. Projects shall provide open space features as shown in Table 23.204-16: C-U Open Space Features to enhance project entries and the University Avenue frontage.

TABLE 23.204-16: C-U OPEN SPACE FEATURES

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11. Sidewalk/Curb and Gutter. Projects shall provide sidewalk, curb and gutter, and street corner bulb-out improvements as necessary to comply with the current City standards.

12. Sidewalk Amenities. Projects shall provide sidewalk amenities as necessary to comply with the current City standards. Required improvement may include:

    • a. Pedestrian-scaled lighting to illuminate the sidewalk areas;

    • b. New street trees and grates; and

    • c. Benches and bicycle racks.

• E. Permit Findings. To approve an AUP or Use Permit for a project in the C-U district, the review authority must make the findings in Section 23.406.040 (Use Permits) and find that the proposed use or structure:

  1. Is compatible with the purpose of the district;

  2. Is compatible with the surrounding uses and buildings;

  3. Does not interfere with the continuity of retail and service facilities at the ground level; and

  4. Does not exceed the amount and intensity of use that can be served by the available traffic capacity and potential parking supply.