Division 5 — GLOSSARY

23.502.010– Purpose 23.502.020– Defined Terms 23.502.030– Acronyms

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Sections: 23.502.010– Purpose 23.502.020– Defined Terms 23.502.030– Acronyms

This chapter defines terms and phrases used in the Zoning Ordinance that are technical or specialized, or which may not reflect common usage. If any definitions in this chapter conflict with others in the Municipal Code, these definitions control in the Zoning Ordinance. If a word is not defined in the Zoning Ordinance, the Zoning Officer determines the appropriate definition.

• A. “A” Terms.

  1. Abatement. City proceedings to terminate, modify, or condition an unlawful use or structure.

  2. Abutting Lot . See Lot, Abutting.

  3. Accessory Building . See Building, Accessory.

  4. Accessory Dwelling Unit . A secondary dwelling unit that is located on a lot which is occupied by one legally established single-family dwelling that conforms to the standards of Chapter 23.306. An accessory dwelling unit must comply with local building, housing, safety and other code requirements and provide the following features independent of the single-family dwelling: 1) exterior access to accessory dwelling unit; 2) living and sleeping quarters; 3) a full kitchen; and 4) a full bathroom. An accessory dwelling Unit also includes the following:

     • a. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

     • b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

  5. Accessory Structure: See Structure, Accessory.

  6. Accessory Use: See Use, Accessory.

  7. Addition. The creation of any new portion of a building which results in a vertical or horizontal extension of the building, or results in any new gross floor area that was not present in the building before construction of the addition. Includes the

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creation of a mezzanine or loft, or a conversion of a previously unused attic or underfloor space to usable floor area.

8. Addition, Residential. The creation of any new portion of a main building which results in a vertical or horizontal extension of the building, or results in additional residential gross floor area to an existing main building, as long as such new gross floor area does not exceed 15 percent of the lot area or 600 square feet, whichever is less. For purposes of this definition gross floor area does not include:

   • a. Additions of gross floor area devoted to required off-street parking spaces, creation of mezzanines or lofts within the building’s shell;

   • b. Making previously unusable attics into habitable floor area (except where new areas with vertical clearance of 6 feet or greater are created through expansions of the building shell);

   • c. Excavations of earth within the existing building footprint (i.e. expansion of existing basements or new basements), or

   • d. Replacement of existing floor area that was lawfully constructed and is located entirely within the addition’s shell.

9. Addition, Major Residential.

• a. A residential addition greater than 15 percent of the lot area or 600 square feet. Floor area from all residential additions since October 31, 1991, with the exception of:

  • i. Additions that are entirely subsumed within previously existing floor area; and

  • ii. The floor area of subsequent stories where the addition does not exceed the district residential addition height limit, shall count towards the calculation of gross floor area for the purposes of this definition.

• b. Any new floor shall be treated as a new major residential addition for the purpose of permit processing, when the cumulative square footage exceeds 15 percent of the lot area or 600 square feet, whichever is less.

10. Adult-oriented Businesses. Any business operated at a fixed location by whatever name, which appeals to prurient interests, sexual titillations, appetites, fantasies or curiosities. This use includes businesses which:

• a. Predominantly exhibit, offer for sale or engage in the sale or distribution of publications, personal services, films, videotapes, devices, products or materials, which appeal to a prurient interest or sexual appetite of the purchases or user;

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• b. Engage in the showing of motion pictures or videotapes in which sexual activity, including, but not limited to, intercourse, sodomy, oral copulation, masturbation, bestiality or any other form of sexual gratification, is the primary and recurring theme;

• c. Engage in the presentation of live adult entertainment in which the actors or performers simulate or engage in sexual activity, including, but not limited to, intercourse, sodomy, oral copulation, masturbation, bestiality or suggestive body movements connoting such acts, with or without another actor, patron or spectator, such showing appealing to a prurient interest or sexual appetite of the spectator;

• d. Engage in massage service, except when made in conjunction with professional services provided by the following persons holding unrevoked licenses or certificates:

  • i. Chiropractors governed under provisions of California State law;

  • ii. Medical practitioners practicing under the provisions of the California State Medical Practice Act;

  • iii. Physical therapists practicing under the provisions of the California Physical Therapy Practice Act;

  • iv. Nurses practicing under the provisions of the California Nursing Practice Act or the California Vocational Nursing Practice Act;

  • v. Psychologists practicing under the provisions of the California Psychology Licensing Law;

  • vi. Osteopaths practicing under the provisions of the California Osteopathic Act;

  • vii. Persons working under the direct and immediate supervision of any persons certified as set forth in Sections i-vi above.

• e. Provide dating or escort services;

• f. Specialize in providing models who pose for photographing, drawing or other representative renditions, which modeling appeals to a prurient interest or sexual appetite;

• g. Engage in encounter, rap or counseling services which appeal to a prurient interest or sexual appetite;

• h. Engage in providing nude, bottomless or topless dance partners;

• i. Use nude, bottomless or topless entertainers, or use nude, bottomless or topless employees to attend to or service tables, bars or patrons or which

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allow nude, bottomless or topless entertainers or employees to be seen by members of the public or patrons of the business;

• j. Engage in providing sauna baths, water baths, showers, steam rooms or steam baths or any other body cleansing or toning arrangement wherein an attendant, clothed or nude, accompanies the customer for the purpose of talking, touching or appealing to the customer’s prurient interest or sexual appetite; or

  • k. Engage in the reading of, or providing of tapes or records for listening to, erotic literature which appeals to the prurient interest or sexual fantasies of customers.

11. Alcoholic Beverage Retail Sales. The retail sale of beverages containing alcohol for off-site consumption subject to regulation by the State Department of Alcoholic Beverage Control (ABC) as an off-sale establishment. This use includes liquor stores and wine shops and sale of alcoholic beverages for off-site consumption at restaurants.

12. Alcoholic Beverage Service. The retail sale of beverages containing alcohol for on-site consumption subject to regulation by the State Department of Alcoholic Beverage Control ABC as an on-sale establishment.

13. Alley. A public right-of-way which affords only a secondary means of access for vehicles to any abutting property.

14. Alteration: See Structural Alteration.

15. Alternative Fuel Station. Any establishment that dispenses alternative fuel as defined by the Energy Policy Act of 2005.

16. Amusement Device. Any machine or device which may be operated for use as a game, contest or amusement upon the insertion of a coin, slug, or token in any slot or receptacle attached or connected to such machine, and which does not contain a payoff device for the return of slugs, money, coins, checks, tokens or merchandise.

17. Amusement Device Arcade. A type of commercial recreation center which contains six or more amusement devices. An amusement device arcade is a type of commercial recreation center irrespective of whether the amusement devices are the principal commercial activity of the establishment.

18. Ancillary Use: See Use, Ancillary.

19. Application. A written application for issuance of any permit.

20. Approval. Approval of any permit.

21. Appraiser, Certified. A person certified by the State of California Office of Real Estate Appraisers to estimate the value of a particular real property.

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22. Art/Craft Studio. An establishment engaged in the creation of art or crafts that requires artistic skill. Such an establishment may participate in periodic open studios, but otherwise is subject to the applicable zoning district’s requirements for incidental sales of goods made on site. Art/craft studios also include rehearsal spaces not designed for public performances. Examples of individuals typically engaged in this work include woodworkers, potters/ceramicists, costume makers, set designers, stained-glass makers, glassblowers, textile artists and weavers, jewelry makers, painters, fine art printmakers, photographers/filmmakers, leather workers, metal workers, musical instrument makers, model makers, papermakers, installation artists, sculptors, video artists, and other makers of art and crafts that the Zoning Officer determines to be consistent with this definition. The use of computers in an activity does not by itself prevent its classification as an art/craft studio. This use excludes architectural and landscape services, industrial or graphic design services, computer systems design services, and other commercial activities normally conducted in an office environment.

23. Artist Studio. A detached accessory building, used by residents of a main dwelling unit on the same lot, to create original works of art and crafts products, but not for living quarters or sleeping purposes.

24. Attic. The area located between the ceiling of the top story of a building and the building’s roof and not usable as habitable or commercial space.

25. Automatic Teller Machine (ATM). An unstaffed machine which processes deposits, withdrawals and transfers of funds of customers of a bank, credit union, savings and loan association or other financial service or network.

26. Automobile Use. Any commercial establishment which sells, rents, repairs, services, paints and/or conducts bodywork on automobiles, trucks or other motor driven vehicles (excepting motorcycles) on the premises.

B. “B” Terms.

1. Bakery.

• a. An establishment which engages primarily in the sale of breads or other baked goods, whether baked on-site or at another location. A bakery is not be considered a food service establishment if:

  • i. No customer seating or other physical accommodations for on-site dining are provided; and

  • ii. The breads and baked goods are not packaged for immediate consumption.

• b. Any establishment whose breads and baked goods are predominantly sold at retail from a different location or locations are deemed a wholesale and/or

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manufacturing use, subject to the regulations of the district in which it is located.

2. Balcony. A horizontal platform extending from the exterior wall of a building, accessible from the building's interior, and not directly accessible from the ground. A balcony is typically not covered by a roof or building overhang or enclosed on more than two sides by walls. However, railings shall not be considered enclosures.

3. Banks and Financial Services, Retail. An office, open to the public, offering teller or counter financial services including either cash, checking and/or savings account transactions or some combination of these services. This use includes banks, savings and loans, and credit unions providing these services on site, and excludes non-chartered financial institutions.

4. Bar/Cocktail Lounge/Tavern. A business devoted to serving alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.

5. Basement. The lowest usable space of a building, between the floor and the ceiling, for non-habitable use such as, but not limited to, garage or storage use.

6. Bay Window. A portion of a building cantilevered so as to project out from a wall and containing windows which cover at least 50 of the projection's surface.

7. Bed and Breakfast Establishment (B&B). A single residential property containing no more than a total of three sleeping rooms or dwelling units that are offered for rent at any given time, which is the primary residence of the owner and in which rooms or units are rented out to persons who occupy them for periods not exceeding 14 days in any month.

8. Bedroom. Any habitable space in a dwelling unit or habitable accessory structure other than a kitchen or living room that is intended for or capable of being used for sleeping with a door that closes the room off from other common space such as living and kitchen areas that is at least 70 square feet in area, exclusive of closets and other appurtenant space, and meets Building Code standards for egress, light and ventilation. A room identified as a den, library, study, loft, dining room, or other extra room that satisfies this definition will be considered a bedroom for the purposes of applying this requirement. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

9. Block. An area designated on an official map of the City, which is bounded on all sides by the public right-of- way, a railroad right-of-way, private streets or a boundary line of unsubdivided acreage or any combination thereof.

10. Boarding House. A building used for residential purposes, other than a hotel, where lodging and meals for five or more persons, who are not living as a

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household, are provided for compensation, whether direct or indirect. In determining the number of persons lodging in a boarding house, all residents shall be counted, including those acting as manager, landlord, landlady or building superintendent.

11. Building. An enclosed structure having a roof and supported by columns or walls. See Figure 23.502-1 and Figure 23.502-2.

• a. Accessory Building. A detached building containing habitable space, which is smaller in size than the main building on the same lot, and the use of which is incidental to the primary use of the lot.

• b. Main Building. A building which is designed for, or in which is conducted, the primary use of the lot on which it is situated. In any residential district any dwelling, except an accessory dwelling unit, is the main building on the lot.

FIGURE 23.502-1: COMMERCIAL BUILDING

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FIGURE 23.502-2: RESIDENTIAL BUILDING

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12. Building Separation. See 23.106.080 (Building Separation).

13. Building Site Area. Same as lot area.

14. Bus/Cab/Truck/Public Utility Depot. A facility providing transportation operations for passengers and/or freight. Includes bus terminals and rail stations; facilities for transfer and movement of freight, courier, and postal services by truck or rail; and passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles.

15. Business Activity. Any activity subject to Municipal Code Chapter 9.04 and any economic activity which generates receipts but is exempt from Municipal Code Chapter 9.04 by state or federal law.

16. Business Support Services. An establishment providing goods and services to other businesses and residents, including maintenance, repair and service, testing, and rental. Permitted services for this use are limited to photocopying, desktop publishing, microfilm recording, slide duplicating, bulk mailing, parcel shipping, parcel labeling, packaging, messenger and delivery/courier, sign painting, lettering, and building maintenance.

C. “C” Terms.

1. Cafeteria, On-Site. A food service establishment intended primarily for use by employees or residents working or living at the same location, or for use by patients and/or visitors and restricted from use by the general public.

2. Cannabis Retailer. See 12.21.020 (Definitions).

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3. Cannabis Uses. Includes retail sales, cultivation, manufacturing, testing, and distributing. See Municipal Code Chapters 12.21, and 12.22 for cannabis regulations and Chapter 23.320 for land use regulations.

4. Carport. A roofed structure for one or more automobiles which is enclosed by not more than two walls.

5. Cemetery/Crematory/Mausoleum. An establishment primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including crematories, mausoleums, burial places, and memorial gardens.

6. Chair Massage. Massage given in a public, open setting to a person who is fully clothed and sitting upright on a professional bodywork seat, a stool, or office seat, wheelchair, or other chair-like device.

7. Change of Use. Any change in the nature or character of the use of a building or structure.

• a. A residential change of use includes, but is not limited to, the elimination of any dwelling unit, the reduction in the floor area or habitability of a dwelling unit, or the reduction in the floor area or habitability of bedroom or sleeping quarters in a group living accommodation or residential hotel, when a new use is to replace a previous use. A residential change of use does not include the establishment of a home occupation in compliance with this chapter.

  • b. A commercial change of use includes 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.

8. Child Care Center. A state-licensed facility providing day care for children. This use includes nursery schools, day nurseries, infant day care centers, and cooperative day care centers, and excludes family day care homes.

9. Circus or Carnival. A commercial facility or event for public entertainment, typically held outdoors, with performances, rides, games, exhibitions, and other similar activities for paying customers. May be temporary or permanent.

10. Club/Lodge. A building occupied by a group of persons organized for a purpose to pursue common goals, activities or interests, usually characterized by certain membership qualifications, payment of fees or dues, regular meetings and a constitution or by-laws.

11. City. The City of Berkeley

12. Columbaria. A structure of vaults lined with recesses for cinerary urns or storage of cinerary remains.

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13. Commercial Districts. The districts listed under the Commercial Districts heading in Table 23.108-1: Zoning Districts.

14. Commercial Excavation. The commercial excavation of earth, gravel, minerals, or other building materials, including drilling for, or removal of, oil or natural gas.

15. Commercial Recreation Center. Any establishment other than a theater at which recreation facilities are offered or amusement devices provided to the public as a principal commercial activity of such establishment. This use includes bingo parlors, bowling alleys, skating rinks, billiard or pool halls, miniature golf courses. Amusement device arcades are a separately defined types of commercial recreation center with their own permit requirements.

16. Commercial Use. The categories of commercial uses of a property include retail products store, personal/household service, food service establishment, entertainment establishment, office, tourist hotel, automobile uses, live/work units, mixed use development, wholesale use, parking lot and any use listed as a sub-category of the above uses; or any other use determined to be a business activity (except home occupations), as these terms are defined in this chapter.

ude retail products store, personal/household service, food service establishment, entertainment establishment, office, tourist hotel, automobile uses, live/work units, mixed use development, wholesale use, parking lot and any use listed as a sub-category of the above uses; or any other use determined to be a business activity (except home occupations), as these terms are defined in this chapter.

17. Community Care Facility. A state-licensed facility for the non-medical care and supervision of children, adolescents, adults or elderly persons. This use includes community care facilities as defined in California Health and Safety Code (H&SC) Section 1500 et seq, residential care facilities for the elderly (H&SC Section 1569 et seq.), facilities for the mentally disordered or otherwise handicapped (California Welfare and Institutions Code Section 5000 et seq.), alcoholism or drug abuse recovery or treatment facilities (H&SC Section 11834.02), supportive housing (California Government Code Section 65582), and other similar facilities. This use excludes medical care institutions, skilled nursing facilities, nursing homes, foster homes, family day care homes, child care facilities, and transitional housing.

18. Community Center. A noncommercial facility where the public can meet for social, educational, or recreational activities.

19. Community and Institutional Use. The categories of community and institutional uses of a property including, but not limited to, religious assembly uses, clubs/lodges, community centers, hospitals, schools, public uses and utility uses, as these terms are defined in this chapter.

20. Condition. A requirement attached to a permit or entitlement, the satisfaction of which is necessary for the validity and effectiveness of the permit or entitlement.

21. Condominium. An estate in real property consisting of an undivided interest-incommon in a portion of a lot of real property together with a separate interest in space in a residential, industrial or commercial building on such real property

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such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.

22. Controlled Rental Unit. Any dwelling unit, live/work unit, bedroom or sleeping quarters portion of a group living accommodation or other unit that is subject to the City’s Rent Stabilization Ordinance (Municipal Code Chapter 13.76).

23. Construction. The placing of construction materials and their fastening in a permanent manner to the ground or a structure or building for the purpose of creating or altering a structure or building, or excavation of a basement.

24. Contractors Yard. A storage facility for any person who contracts to undertake and complete a construction project or a discrete part of a construction project, including all persons defined as contractors and subject to Division 3, Chapter 9 of the State of California Business and Professions Code.

25. Conversion, Residential. The physical change of the floor area and/or walls of a building that is used for dwelling unit, group living accommodation or residential hotel room purposes, so as to change the number of dwelling units, sleeping rooms or residential hotel rooms, or reduce the floor area and/or habitable space of any residential living quarters.

26. Craft. An occupation, avocation or trade requiring special manual dexterity or artistic skill in the creation of a product.

• D. “D” Terms.

  1. Dance/Exercise/Martial Arts/Music Studio . An establishment in which customers assemble for group exercises, dancing, self-defense training, aerobics, choral or musical instrument instruction, other movement drills for learning, rehearsal or non-audience performances.

  2. Deck. An unenclosed structure, usually made of wood, built to provide a solid continuous surface for outdoor use and/or access to a door, which is accessible from the ground level, directly or from a connecting stairway and is separated from the ground by an air space.

  3. Demolition. A building or enclosed structure shall be considered demolished for the purposes of this chapter when, within any continuous 12-month period, such building or enclosed structure is destroyed in whole or in part or is relocated from one lot to another. For purposes of this definition, destroyed in part means when 50 percent or more of the enclosing exterior walls and 50 percent or more of the roof are removed. Removal of facades or portions of facades requires Design Review.

  4. Density Bonus. See 23.332.020 (Definitions).

  5. Department. The Planning and Development Department of the City of Berkeley or its successor administrative unit.

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6. Department Store. A retail store selling several kinds of merchandise, which are usually grouped into separate sections, including but not limited to, apparel, housewares, household hardware, household appliances, household electronics and gifts.

7. Dormer. A projection built out from a sloping roof, usually housing a vertical window or ventilating louver. See also 23.304.110 (Dormers).

8. Dormitory. A building providing group living accommodations, occupied by individuals not sharing a common household, characterized by separate sleeping rooms without individual kitchen facilities and containing congregate bath and/or dining facilities or rooms.

9. Drive-in Uses. A use where a customer is permitted or encouraged, either by the design of physical facilities or by the service and/or packaging procedures offered, to be served while remaining seated within an automobile. This use includes drive-through food service establishments, financial services (banks), and automatic carwashes.

10. Driveway. A paved, vehicular accessway connecting an off-street parking space or parking lot with a public or private street.

11. Drug Paraphernalia. As defined in California Health and Safety Code Section 11364.5(d).

12. Drugstore. A retail establishment where the profession of pharmacy is practiced and/or where licensed prescription drugs and general merchandise are offered for sale. A food products store with a pharmacy is not a drugstore.

13. Dry Cleaning and Laundry Plants. A place where clothes are dry cleaned, dyed and/or laundered as part of a commercial business, whether or not such clothes were deposited by a customer at that location, or transported from another location, as part of a service. This use includes all establishments subject to Section 19233 of the State of California Business and Professions Code, regulating Dry Cleaning Plants, but excludes laundromats and cleaners as defined in this chapter.

14. Duplex. A building or use of a lot designed for, or occupied exclusively by, two households.

15. Dwelling Unit. A building or portion of a building designed for, or occupied exclusively by, persons living as one household.

E. “E” Terms.

1. Electric Vehicle Charging Station. A facility that supplies electric energy for the recharging of plug-in electric vehicles

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2. Emergency Shelter. Temporary lodging for homeless persons with minimal supportive services that may be limited to occupancy of six months or less as defined in Health and Safety Code Section 50801(e)).

3. Enhanced Transit Service. Any facility that will result in the improved operational performance of bus and/or shuttle service, as well as improvements that will encourage the use of transit and make transit service more compatible with downtown’s activities and appearance. Improvements for enhanced transit services include but are not limited to: “complete streets” to enhance pedestrian and bicycle routes to transit; transit signal priority; queue jump lanes and left turn signal phasing; bus shelters and raised bus platforms; bus curb extensions and concrete bus pads; transit pre-pay fare vending machines; bus layover facilities; transit plazas and bus stop amenities; bicycle parking and bicycle rental facilities near transit; and street improvements that mitigate the impact of transit operations on pedestrians and bicyclists.

4. Entertainment Establishment. A permanent establishment which includes live performances and/or patron dancing. This use includes cabarets, nightclubs, dance halls, and discotheques.

F. “F” Terms.

1. Facade. Those portions of a building, including exterior walls, porches, chimneys, balconies, parapets and roof portions, which are visible from a public right-of-way or an adjacent building.

2. Family. See Household.

3. Family Day Care Home. An establishment providing day care for 14 or fewer children in a dwelling unit as licensed by the California Department of Social Services. A family day care homes must be incidental to a residential use. The day care operator must live in the primary dwelling on the lot.

   • a. Small Family Day Care Home. A family day care homes for eight or fewer children, including children who live at the home.

• b. Large Family Day Care Home. A family day care homes for nine to fourteen children, including children who live at the home.

4. Fence. A structure made of wood, metal, masonry or other material forming a physical barrier which supports no load other than its own weight, or a hedge, which is designed to delineate, screen or enclose a lot, yard, open space area or other land area.

5. Firearm/Munitions Businesses. Any establishment which sells, transfers, leases or offers for sale, transfer or lease any gun, ammunition, munitions, gun powder, bullets, ordnance, or other firearm or firearm parts or supplies.

6. Floor Area, Gross. See 23.106.030– Floor Area, Gross.

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7. Floor Area, Leasable. See 23.106.040– Floor Area, Leasable.

8. Floor Area Ratio (FAR). See 23.106.050– Floor Area Ratio.

9. Food Product Store. A retail products store selling foods primarily intended to be taken to another location to be prepared and consumed, and the incidental preparation of food or beverages for immediate consumption off the premises.

10. Food and Beverage for Immediate Consumption. The sale of food or nonalcoholic beverages for immediate consumption not on the premises.

11. Food Service Establishments. An establishment which in whole or in part prepares food or beverages for immediate consumption on or off the premises.

• a. Carry Out Food Store: A store which serves food or non-alcoholic beverages for immediate consumption not on the premises, but usually in the vicinity of the store. This use is usually characterized as an establishment which serves food altered in texture and/or temperature on a customerdemand basis, puts such food in non-sealed packages or edible containers, requires payment for such food before consumption, and provides no seating or other physical accommodations for on- premises dining. Examples of this use include delicatessens and other stores without seating which sell doughnuts, croissants, ice cream, frozen yogurt, cookies, whole pizzas and sandwiches. This use excludes bakeries and food products stores.

• b. Quick Service Restaurant: An establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. This use is usually characterized as an establishment in which food is cooked on a customer-demand basis, payment is required before consumption, limited or no able service is provided (no waiters), and seating or other physical accommodations for on- premises customer dining is provided. Examples of this use include establishments selling primarily hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza slices, fried chicken, or fish and chips.

ked on a customer-demand basis, payment is required before consumption, limited or no able service is provided (no waiters), and seating or other physical accommodations for on- premises customer dining is provided. Examples of this use include establishments selling primarily hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza slices, fried chicken, or fish and chips.

• c. Full-Service Restaurant : An establishment which serves food or beverages for immediate consumption primarily on the premises, with only a minor portion, if any, of the food being taken out of the establishment. This use is characterized as an establishment in which food is cooked or prepared on the premises on a customer-demand basis, which requires payment after consumption, and provides seating and tables for on-premises customer dining with table service (waiters).

12. Fraternity House. A building used for group living accommodations by an organization recognized by the University of California at Berkeley or other institution of higher learning.

13. Front Wall. The wall of the building nearest the front lot line.

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G. “G” Terms.

1. Garage, Residential. A detached accessory structure or portion of a primary building, covered or roofed and enclosed on at least three sides with walls, used for off-street parking by members of the households residing on the premises.

2. Gasoline/Vehicle Fuel Stations. An establishment that dispenses gasoline, diesel or other similar fuel into vehicles. Excludes alternative fuel stations and electric vehicle charging stations.

3. General Plan. The City of Berkeley General Plan adopted pursuant to Government Code Section 65300 et seq.

4. Gift/Novelty Shop. A store selling small manufactured articles usually for personal use or household adornment, including, but not limited to, stores selling primarily T-shirts and/or sweatshirts with imprinted wording or images.

5. Grade. The location of ground surface. See also Slope.

   • a. Existing Grade. The elevation of the ground at any point on a lot as shown on the required survey submitted in conjunction with an application for a building permit or grading permit. See Figure 23.502-3.

   • b. Finished Grade. The lowest point of elevation of the finished surface of the ground between the exterior walls of a building and a point 5 feet distant from the wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than 5 feet distant from the wall. In the case of walls which are parallel to and within 5 feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. See Figure 23.502-3.

FIGURE 23.502-3: GRADE, EXISTING AND FINISHED

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6. Group Class Instruction . An establishment that offer specialized programs in personal growth and development. Includes music studios, drama schools, dance academies, art schools, tutoring schools, and instruction in other cultural and academic pursuits.

7. Group Living Accommodations. A building or portion of a building designed for or accommodating a residential use by persons not living together as a

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household. This use includes dormitories, convents and monasteries, and other types of organizational housing, and excludes hospitals, nursing homes and tourist hotels. Group living accommodations typically provide shared living quarters without separate kitchen or bathroom facilities for each room or unit. Residential hotels and senior congregate housing are separately defined types of group living accommodations each with their own permit requirements

8. Ground Floor Street Frontage. The occupied floor space in a structure nearest to the public right-of-way and closest to sidewalk grade.

9. Gyms and Health Clubs. An indoor facility where exercise equipment, classes and related activities related to personal health and fitness are available to paying customers. Excludes parks/playgrounds.

H. “H” Terms.

1. Habitable Space. A space in a building which is used or designed to be used for living, sleeping, eating or cooking, but not including garages, bathrooms, utility, storage and laundry rooms, halls or closets.

2. Hedge. Any line or row of plants, trees or shrubs planted in a continuous line to form a dense thicket or barrier.

3. Height of Building, Average. See 23.106.090.A (Average Building Height).

4. Height of Building, Maximum. See 23.106.090.B (Maximum Building Height).

5. Home Occupation. A business use conducted on property developed with a residential use, which is incidental and secondary to the residential use, does not change the residential character of the residential use, is limited so as not to substantially reduce the residential use of the legally established dwelling, Accessory Dwelling Unit, Accessory Building or Group Living Accommodation room and is operated only by the residents of the subject residence.

There are three classification of Home Occupations. For the purposes of this section, a “customer” is considered a single paying customer, but may include more than one person receiving the services at the same time:

1. Class I Home Occupation - Involves no more than five customer visits per day, with no more than four persons receiving services at a time. This class does not allow shipping of goods directly from the subject residence.

2. Class II Home Occupation - Involves no more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site. This class does not allow shipping of goods directly from the subject residence.

3. Class III Home Occupation - Involves more than ten customer visits per day, with no more than four persons receiving services at a time and no more

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than one non-resident engaging in business-related activities on-site and/or involves shipping of goods directly from the subject residence.

6. Hospital. A facility for in-patient medical care licensed under California Administrative Code, Title 17, Section 237 or 238.

7. Hot Tub. A tub or small pool, usually made of wood or fiberglass, in which heated water is maintained for recreational or therapeutic activities, including, but not limited to, jacuzzis, whirlpools and spas.

8. Hotel, Residential. A type of group living accommodations which provides rooms for rent for residential purposes, including single residential occupancy (SRO) rooms.

9. Hotel, Tourist. A building with sleeping rooms used, designed, or intended for occupancy by transient guests for a period not to exceed 14 consecutive days. This use includes inns, bed and breakfasts (B&Bs), and hostels, and excludes building with residential hotel rooms and dwelling units.

10. Household. One or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and utilities, as well as maintaining a single lease or rental agreement for all members of the household and other similar characteristics indicative of a single household.

11. Household Income, Gross. The income of all adult members of the household as determined by the guidelines used by the Berkeley Housing Authority for its administration of the Section 8 Rental Subsidy Program. For purposes of this definition, household is the same as Family in the federal Section 8 Existing Housing Program or its future equivalent. Classification of Households, based on income, shall be based on the following percentages of the Oakland Primary Metropolitan Statistical Area (PMSA) statistical figures for income of the most recent U.S. Census that are available:

  - a. **Low Income Household.** A household whose gross income is greater than 80 percent and less than 100 percent of the median income. 

  - b. **Lower Income Household.** A household whose income is no greater than 80 percent and above 50 percent of the median income. 

  - c. **Very Low Income Household.** A household whose gross income is 50 percent or less of the median income. 

• I. “I” Terms.

  1. Incidental Use. See Use, Incidental.

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2. Inclusionary Unit. A dwelling unit which is affordable by Households with income below the Oakland PMSA median income; or in the case of Limited Equity Cooperatives, Households with income below 120 percent of the Oakland PMSA median income.

3. Industrial and Mining Product Sales. Retail sale of equipment and productions for manufacturing, mining, and other industrial activities.

4. Insurance Agents, Title Companies, Real Estate Agents, Travel Agents. A commercial establishment providing insurance, title, real estate and travel services directly to customers.

• J. “J” Terms.

K. “K” Terms.

1. Kennels and Pet Boarding. A facility for keeping, boarding, training, breeding or maintaining four or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis. Excludes municipal animal shelters.

   2. Kitchen. A habitable space used for preparation of food that contains at least a sink, a refrigerator of no less than 10 cubic feet, and either a cooktop and an oven, or a range.

• L. “L” Terms.

1. Laboratories.

• a. Commercial Physical or Biological. A facility that provides controlled conditions in which scientific or technological research, experiments, and measurement may be performed.

• b. Cannabis Testing. A facility for the testing of the properties of cannabis intended for consumer use.

• c. Class 1 Organism. A microbe or biological agent classified as Biosafety Level 1 (BSL-1) by the U.S. Centers for Disease Control and Prevention.

• d. Class 2 Organism. A microbe or biological agent classified as Biosafety Level 2 (BSL-2) by the U.S. Centers for Disease Control and Prevention.

• e. Class 3 Organism. A microbe or biological agent classified as Biosafety Level 3 (BSL-3) by the U.S. Centers for Disease Control and Prevention.

2. Land Use. See “Use.”

3. Landscaped Area. An area of ground within the boundaries of a lot which consists of living plant material including, but not limited to, trees, shrubs, ground covers, grass, flowers, gardens and vines.

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4. Large Vehicle Sales and Rental. Establishments primarily engaged in renting or leasing trucks, truck tractors, buses, semitrailers, and utility trailers.

5. Lattice Tower. A support structure, erected on the ground that consists of metal crossed strips or bars to support antennas and related equipment.

6. Laundromat and Cleaner. A business which offers self-service laundry and/or dry-cleaning machines and dryers, which are coin, token or otherwise fee operated. This use excludes dry cleaning plants.

7. Library. A non-commercial facility where sources of information and similar resources (such as books, recordings, or films) are made available for public use.

8. Limited Equity Cooperative. The form of ownership defined in Section 11003.4(a) of the Business and Professions Code or other form of ownership, wherein appreciation of equity of dwelling units is no greater than appreciation permitted by California Health and Safety Code Section 33007.5 for a Limited Equity Cooperative.

9. Live Entertainment. Any one or more of any of the following, performed live by one or more persons, whether or not done for compensation and whether or not admission is charged: musical act (including karaoke); theatrical act (including stand-up comedy); play; revue; dance; magic act; disc jockey; or similar activity.

10. Live/Work. A built space used or designed to be used both as a workplace and as a residence by one or more persons in conformance with Chapter 23.312 (Live/Work).

11. Loading Space, Off-street. A covered or uncovered space for trucks or other delivery vehicles for the loading or unloading of freight, cargo, packages, containers or bundles of goods and/or bulky goods.

12. Loft. See mezzanine.

13. Lot. A separate legal subdivision of land, as recorded with the County of Alameda Recorder. See Figure 23.502-4: Lot Configuration.

• a. Abutting Lot. A lot having a common property line or separated by a public path or alley, private street or easement to the subject lot.

• b. Confronting Lot. A lot whose front property line is intersected by a line perpendicular to and intersecting the front property line of the subject lot.

• c. Corner Lot. A lot bounded on two or more adjacent sides by street lines, providing that the angle of intersection is less than 135 degrees.

• d. Flag Lot. A lot so shaped that the main portion of the lot area does not have direct street frontage, other than by a connection of a strip of land which is used for access purposes.

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• e. Interior Lot. A lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or is bounded by more than one street with an intersection greater than or equal to 135 degrees.

• f. Key Lot. Any interior lot which abuts the rear lot line of a corner lot.

• g. Receiving Lot. The lot to which a building is relocated from a different lot.

• h. Source Lot. The lot from which a building is relocated to a different lot.

• i. Through Lot. A lot having frontage on two parallel or approximately parallel streets.

FIGURE 23.502-4: LOT CONFIGURATION

==> picture [389 x 214] intentionally omitted <==

14. Lot Area. The total horizontal area within a lot's boundary lines.

15. Lot Coverage. See 23.106.020 (Lot Coverage).

16. Lot Depth. The average distance from the front lot line to the rear lot line measured in the general direction of the side lines.

17. Lot Frontage. That dimension of a lot's front lot line abutting on a street.

18. Lot Lines. The boundaries between a lot and other property or the public rightof-way.

19. Lot Line, Front. The shorter of the two intersecting lot lines along the rights-ofway of a corner lot shall be deemed to be the front of the lot for purposes of determining the lot frontage and for yard requirements. In the case of a lot having equal frontage, or in the case of an irregularly shaped lot, the Zoning Officer shall determine the front in such a manner as to best promote the orderly development of the immediate area.

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20. Lot Width. The average distance between the side lot lines measured at right angles to the lot depth.

M. “M” Terms.

1. Main Building. See Building, Main.

2. Maintenance of Building. Those activities which preserve an existing building including, but not limited to cleaning, painting, refurbishing (but not altering) exterior and interior walls, equipment, facilities and fixtures.

3. Manufactured Home. A structure, designed or altered to be used as a dwelling unit, which is transportable in one or more sections and is built on a frame or chassis to which wheels may be attached so as to be transported, including mobile homes meeting the standards of the National Manufactured Housing Construction and Safety Act of 1974. If a manufactured home is mounted on a permanent foundation and connected to all utilities required for a dwelling unit built on the site, it is considered a dwelling unit.

4. Manufacturing Districts. The districts listed under the Manufacturing Districts heading in Table 23.108-1: Zoning Districts.

5. Manufacturing. A use primarily engaged in the mechanical or the chemical transformation of materials or substances into new products. Manufacturing activities include assembly, baking, brewing, fabrication, milling, processing, refining, smelting and treatment and any other uses determined by the Zoning Officer. Except as otherwise provided in this chapter, manufacturing uses are defined, and distinguished from nonmanufacturing uses, in the North American Industrial Classification Manual (311611 – 339999).

   • a. Construction Products Manufacturing. Manufacturing and/or processing asphalt, cement and/or concrete.

   • b. Light Manufacturing. Primarily involved in baking, brewing, fabricating, milling, processing and other similar forms of mechanical and chemical treatment. Light manufacturing uses are generally in the following groups in the North American Industrial Classification System (NAICS):

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• c. Pesticides, Herbicides and Fertilizers. Manufacturing and/or processing of substances used for destroying insects or other organisms harmful to cultivated plants or to animals, substances toxic to plants used to destroy unwanted vegetation. and chemicals or natural substance added to soil or land to increase its fertility.

• d. Petroleum Refining and Products. The transformation of crude oil into gasoline and other similar petroleum products.

• e. Pharmaceuticals. Manufacturing and production of medical drugs.

• f. Primary Production Manufacturing, Manufacturing primarily involved in drawing, smelting, refining, rolling and extruding to produce materials such as metals or plastic. Primary production manufacturing uses are generally in the following groups in the North American Industrial Classification System (NAICS):

• g. Semiconductors. The manufacturing of a solid substance that has a conductivity between that of an insulator and that of most metals, either due to the addition of an impurity or because of temperature effects.

6. Material Recovery Enterprise. A business that diverts discarded materials from several waste streams including the Transfer Station, drop-off, pick-up and curbside collection. Such facilities must clean, sort, repair and/or process these materials and offer them for reuse and/or recycling through wholesale and/or retail sales, including bulk sales. The retail component of these facilities is limited to the sale of items recovered from the waste stream. No new items may be offered for sale at these facilities. This use excludes flea markets, automobile wrecking establishments, manufacturer’s outlet stores (factory second stores),

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consignment shops, second-hand stores, antique stores, and any store which offers only used furniture, clothing and/or household items.

7. Media Production. Commercial arts and art-related business services including audio and film recording and editing studios and services, film and video production, titling, video and film libraries, special effects production, motion picture and photograph processing, radio and television broadcast, and similar uses.

8. Medical Practitioner Office. Clinics or offices and related laboratories for doctors, dentists, chiropractors, optometrists, mental health practitioners, osteopaths, chiropodists, and similar practitioners of the traditional healing arts, as well as holistic healthcare providers and practitioners of a non-traditional nature. This use includes acupuncturists, herbalists, nutritionists, midwives, reflexologists, iridologists, physical therapists, and bodyworkers, but excludes offices for veterinarians or opticians.

9. Mezzanine. An intermediate level of a building interior containing floor area without complete enclosing interior walls or partitions, placed in any story or room and not separated from the floor or level below by a wall.

10. Microbusiness. Cannabis use involving more than one State license. See Municipal Code Chapter 12.21 for definition.

• a. Retail Nursery Microbusiness. A microbusiness that is restricted to growing and selling cannabis plants and seeds. See Municipal Code Chapter 12.21 for definition.

• b. Retail Storefront Microbusiness. A microbusiness that is restricted to a Storefront Retailer with limited manufacturing and distribution activities. See Municipal Code Chapter 12.21 for definition and limitations.

11. Mini-storage. A storage warehouse characterized by individual separate spaces, which are accessible by customers for storing and retrieval of goods.

12. Mixed Use. The use of a lot or building with two or more different land uses including, but not limited to, residential, commercial retail, office or manufacturing, in a single structure or a group of physically integrated structures.

13. Mixed-Use Residential. A development project with both residential and nonresidential uses which are either 1) located together in a single building; or 2) in separate buildings on a single site of one or more contiguous properties.

14. Microcell. A set of antenna nodes networked with each other and connected to a wireless service source, such that a one or more high-power antennas that serve a given area are replaced by a group of lower-power antennas to serve the same geographic area.

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15. Monopole . A single pole support structure greater than 15 feet in height erected on the ground or on a structure to support antennas and related communications equipment.

16. Motel, Tourist. An establishment which provides overnight lodging and parking which contains six or more guest rooms used, designed or intended to be used, let or hired out for occupancy by six or more transient individuals for compensation, whether direct or indirect, and in which the rooms are usually accessible from an outdoor parking lot.

17. Multi-Family Dwelling. A building, group of buildings, or portion of a building used or designed as three or more dwelling units.

18. Municipal Animal Shelter. A City-owned facility providing services for humane animal care with programs and services focused on maximizing opportunities for animal adoption. Supporting facilities may include medical care (including spay/neuter), kennels, exercise areas and adoption centers.

• N. “N” Terms.

  1. New Construction. Construction of a new main building

  2. Non-Chartered Financial Institutions. A use, other than State or Federally chartered bank, credit union, mortgage lender, savings and loan association or industrial loan company, that offers deferred deposit transaction services or check cashing services and loans for payment of a percentage fee. This use includes deferred deposit transaction (payday loan) businesses that makes loans upon assignment of wages received, check cashing businesses that charge a percentage fee for cashing a check or negotiable instrument, and motor vehicle title lenders who offer short-term loan secured by the title to motor vehicles. This use excludes non-profit financial institutions or retail sellers engaged primarily in the business of selling consumer goods to retail buyers and that cash checks or issue money orders as a service to its customers that is incidental to its main purpose or business.

eck or negotiable instrument, and motor vehicle title lenders who offer short-term loan secured by the title to motor vehicles. This use excludes non-profit financial institutions or retail sellers engaged primarily in the business of selling consumer goods to retail buyers and that cash checks or issue money orders as a service to its customers that is incidental to its main purpose or business.

3. Non-conforming Use or Building. A use or building which is not consistent with a provision or provisions of the Zoning Ordinance, but which was lawfully established or constructed before the effective date of the provision(s) with which it is inconsistent. A use is not considered non-conforming if it is only inconsistent with the Zoning Ordinance with respect to the number of auto or bicycle spaces, their location on site, or screening.

4. Non-Processed Edibles. Foods, including fruit, vegetables, nuts, honey, and shell eggs from fowl or poultry, grown or raised in accordance with the Municipal Code, that are whole and intact and have not been processed, but not including cannabis as defined in Chapter 12.26 or meat. Washing, trimming, bundling, and

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similar handling of otherwise whole and intact foods shall not be considered processing.

5. Non-Residential Districts. Those districts listed under the Commercial Districts, Manufacturing Districts, and Special Districts headings in Table 23.108-1: Zoning Districts.

6. Non-Residential Use. Any land use other than a residential use as defined by this chapter.

7. Nursing Home. An establishment which provides 24 hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the California State Department of Health Services. This use includes rest homes and convalescent hospitals and excludes community care facilities, senior congregate housing, and hospitals.

O. “O” Terms.

1. Oakland Primary Metropolitan Statistical Area (PMSA). A geographic area defined by the U.S. Bureau of the Census, composed of the counties of Alameda and Contra Costa.

2. Office Use. A building or portion of a building used for conducting the business or affairs of a profession, business service, non-profit organization, agency, public utility and/or government entity.

3. Office, Business and Professional. A building or portion of a building used for conducting the business or affairs of a profession, business service, non-profit organization, agency, public utility and/or government entity. Includes publishing without printing.

4. One Ownership. Ownership of property or possession thereof under a contract to purchase by a person or persons, firm, corporation or partnership, individually, jointly, in common or in any other manner whereby such property is under a single or unified control.

5. Outdoor Cafe Seating. Tables and/or chairs (including benches) and umbrellas associated with a lawfully operating food service establishment located in an outdoor area on private property.

6. Owner. The person or persons, firm, corporation or partnership exercising One Ownership as defined in this chapter.

7. Owner or Operator (also Provider or Service Provider). The person, entity or agency primarily responsible for installation and maintenance of the facility, which may or may not be the same person or entity which is the owner of the property on which the facility is located.

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P. “P” Terms.

1. Parapet. A low wall or railing not exceeding 42 inches above the roof and along its perimeter, usually for fire containment and/or architectural purposes.

2. Parcel. A term used by the Alameda County Tax Collector to describe a lot, portion of a lot or a group of lots for property tax purposes.

3. Park/Playground. Non-commercial facilities that provide open space and/or recreational opportunities to the public.

4. Parking Area, Accessory. An area of a lot reserved for use as off-street parking intended to serve a building or use which is the primary or main use of the lot.

5. Parking Lot/Structure.

• a. Parking Lots. The exclusive or primary use of a lot for off-street parking spaces in an open paved area.

• b. Parking Structures. The exclusive or primary use of a lot for off-street parking spaces in a structure built specifically for parking purposes.

6. Parking Space, Off-Street. An area, covered or uncovered, designed for the storage of an automobile which is paved, accessible by an automobile, and usable for such automobile storage use without permanent obstruction.

7. Path. A City-owned right-of-way used or designed for pedestrian access.

8. Pawn Shops and Auction Houses. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.

9. Penthouse, Mechanical. A room or enclosed structure, attached to the roof level for the uppermost story, for purposes of sheltering mechanical equipment, water tanks and/or vertical openings for stairwell and elevator shafts. Such a structure is considered a story if it contains usable floor area or habitable space.

10. Permit, Discretionary. The following types of permits and approvals: Administrative Use Permit, Use Permit, Master Use Permit, Modification of Development Standards, Reasonable Accommodations, and Variance.

11. Permit. A Use Permit, Administrative Use Permit, or Variance, unless the context specifies otherwise.

12. Personal/Household Service, General. A business establishment which provides commercial services directly to customers. This use includes barber/beauty shops, clothing, shoes and/or household items repair shops, dry cleaning and laundry agents, framing/mounting shops, optician shops, photocopy stores, photography studios postal/packaging/po box service shops, and other similar establishments. This use excludes massage.

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13. Pet Store. Retail sales and services for animals kept as household pets. Includes sales and grooming of animals but not boarding.

14. Plumbing Shop. A business offering plumbing supplies and service which has on-site supply storage and service vehicles.

15. Porch. A covered projecting platform that extends from the main wall of a building where the covering is supported by columns, walls, or other vertical structural elements.

16. Primary Dwelling Unit. A legally established single-family dwelling that is on a lot with an accessory dwelling unit.

17. Privately-Owned Public Open Space. Area on a lot that is designed for active or passive recreational use and that is accessible to the general public without a requirement for payment or purchase of goods. Such areas may include midblock passageways and other amenities intended to improve pedestrian access, and may be outdoors, indoors, or enclosed.

18. Public Property. All real property owned, operated or controlled by the City, other than the public right-of-way and any privately- owned area within City’s jurisdiction which is not yet, but is designated as a proposed public place on a tentative subdivision map approved by City.

19. Public Right-Of-Way. Any public street, public way, public place or rights-ofway, now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, owned, operated and/or controlled by the City or subject to an easement owned by City and any privately-owned area within City’s jurisdiction which is not yet, but is designated as a proposed public place on a tentative subdivision map approved by City.

20. Public Market. A facility or location where people regularly gather for the sale and purchase of food, beverages, flowers, crafts, and other similar goods. Public markets are open daily, year-round, in a permanent location, with multiple vendors that are owner-operated.

  - a. **Open Air.** A public market conducted outdoors. 

  - b. **Enclosed.** A public market conducted indoors. 

21. Public Safety and Emergency Service. Facilities that provide police and fire protection.

22. Public Utility Substation/Tanks. A permanent structure or facility providing a utility service to the general public. Includes generating plants, electric substations, solid waste collection, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities.

• Q. “Q” Terms.

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1. Quorum. A majority of the appointed members.

R. “R” Terms.

1. Rear Main Building. A main building situated behind another main building existing or proposed on a parcel located in the R-1A district.

2. Receiving Lot. See Lot, Receiving.

3. Recycled Materials Processing. A facility that receives and processes recyclable materials. Processing means preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

4. Recycling Redemption Center. A facility, use, or structure for the collection of recyclable goods, including beverage containers and newspapers.

5. Related Equipment. All equipment necessary for or related to the provision of personal wireless services. Such equipment may include, but is not limited to, cable, conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.

6. Religious Assembly. A building or space primarily used for an assembly of persons to conduct worship or other religious ceremonies, including, but not limited to, churches, synagogues, temples, mosques or shrines.

7. Repair Service, Non-Vehicle. An establishment that provides repair and maintenance services for household appliance, home electronics, office equipment, furniture and other similar items. Excludes vehicle repair.

8. Research and Development. An establishment comprised of laboratory or other non-office space, which is engaged in one or more of the following activities: industrial, biological or scientific research; product design; development and testing; and limited manufacturing necessary for the production of prototypes.

9. Resident. A person whose primary residence is in Berkeley.

10. Residential Care Facility. See Community Care Facility.

11. Residential Hotel. See Hotel, Residential.

12. Residential Addition. See Addition, Residential.

13. Residential Districts. The districts listed under the Residential Districts heading in Table 23.108-1: Zoning Districts.

14. Residential Hotel Room. A room which is:

• a. Used, designed, or intended to be used for sleeping for a period of 14 consecutive days or more;

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• b. Not a complete dwelling unit, as defined in this chapter; and

• c. Not a Tourist Hotel Room, as defined in this chapter.

15. Residential Use. Any legal use of a property as a place of residence, including but not limited to dwelling units, group living accommodations, and residential hotels.

16. Retail, General. A retail establishment engaged in the sales of personal, consumer, or household items to the customers who will use such items. This use includes antique stores, art galleries, arts and crafts supply stores, bicycle shops, building materials and garden supplies stores, clothing stores, computer stores, cosmetic/personal care items, department stores, drug paraphernalia stores, drug stores, fabric, textile and sewing supply shops, flower and plant stores, food product stores, furniture stores, garden supply stores, nurseries, gift/novelty shops, household hardware and housewares stores, household electronics/electrical stores, jewelry/watch shops, linen shops includes bedding, musical instruments and materials stores, office supply stores, paint stores, photography equipment supply stores, secondhand stores, sporting goods stores, stationery, cards and paper goods stores toy stores and variety stores. This use excludes video rental stores, service of vehicle parts, nurseries, and firearm/munition sales.

ctrical stores, jewelry/watch shops, linen shops includes bedding, musical instruments and materials stores, office supply stores, paint stores, photography equipment supply stores, secondhand stores, sporting goods stores, stationery, cards and paper goods stores toy stores and variety stores. This use excludes video rental stores, service of vehicle parts, nurseries, and firearm/munition sales.

17. Retaining Wall. A wall designed to contain and resist the lateral displacement of soil and of which such soil is at a higher elevation on one side of the wall.

18. Review Authority. The City official or body responsible for approving or denying a permit application or other form of requested approval under the Zoning Ordinance.

19. Rooming House. A building used for residential purposes, other than a hotel, where lodging for 5 or more persons, who are not living as a single household, is provided for compensation, whether direct or indirect. In determining the number of persons lodging in a rooming house, all residents shall be counted, including those acting as manager, landlord, landlady or building superintendent. See also Boarding House.

S. “S” Terms.

1. Satellite Dish . A device which is designed to receive signals or communications from orbiting satellites.

2. School. A building or group of buildings for educational and/or classroom purposes operated by the Berkeley Unified School District (BUSD) and/or other private or public education institutions offering a general course of study at primary, secondary or high school levels which is equivalent to the courses of study at such levels offered by the BUSD. Day nurseries, vocational and trade

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schools are considered schools only when incidental to the conduct of a school as defined by this chapter.

3. School, Vocational. An educational institution which provides secondary or post-secondary training for technical skills required to complete the tasks of a specific job.

4. Seasonal Product Sales. Sales of products for a limited duration of time, usually associated with a seasonal holiday, including but not limited to, sales of Christmas trees and pumpkins.

5. Service Use. A business in which no more than fifty percent (50%) of its gross receipts are subject to retail sales taxes.

6. Services to Buildings and Dwellings. A business that provides services to customers at a location other than the business location. This use includes carpet/upholstery cleaning services, security services, and janitorial services.

7. Senior Congregate Housing. A type of group living accommodations occupied by persons 60 years or older who live in sleeping rooms without kitchen facilities, and which contains congregate bath and/or dining facilities or rooms. This use excludes community care facilities/homes and nursing homes.

8. Setback. A distance between a lot line and a building or other site improvement. See also 23.106.070 (Setbacks).

9. Setback Area. See 23.106.070.B (Setback Areas).

10. Setback Line. A line parallel to a specified lot line which defines a required setback area.

11. Shed, Garden and/or Tool. An accessory structure designed to store tools, lawn and garden care or maintenance equipment or materials, and which is not designed to contain any habitable space.

12. Shelter, Homeless or Women’s. See Transitional Housing.

13. Short-Term Rental. See Section 23.314.020 (Definitions).

14. Sidewalk Cafe Seating. Tables and/or chairs (including benches) as defined in Municipal Code Section 14.48.150 (Sidewalk cafe seating, benches and planters).

15. Sign. Any sign as defined in Municipal Code Section 20.08.220 (Sign).

16. Single-Family Dwelling. A building designed for and occupied exclusively by one household.

17. Single Residential Occupancy (SRO) Room. A room for residential or sleeping purposes in a residential hotel which is designed for occupancy of one person only.

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18. Skateboard Ramp. A ramp, platform, course or facility used for skateboard riding and made of wood or other solid material.

19. Slope. The steepness of a site, measured as the ratio of the vertical distance to the horizontal distance between the highest and lowest points of the site. See Figure 23.502-5: Grade or Slope.

FIGURE 23.502-5: GRADE OR SLOPE

==> picture [329 x 120] intentionally omitted <==

20. Small Vehicle Sales and Service. An establishment which sells or leases longterm new, used, or pre-owned motorized vehicles other than passenger automobiles and trucks which are characterized by fewer than four wheels or a minimal frame. Types of vehicles sold or leased by this use include motorcycles, scooters, three-wheel motorcycles, electric carts, electric scooters, and such vehicles designed or refurbished for alternative fuels/power sources (alternative to conventional gasoline).

21. Smoke Shop. An establishment engaged primarily in the sale of tobacco and/or tobacco-related products.

22. Solar Energy Device/Equipment. Any solar collector or other solar energy device or any structural design feature of a building of which the primary purpose is to provide for the collection, storage or distribution of solar energy for space heating or cooling, water heating or the generation of electricity.

23. Sorority House. A building used for group living accommodations by an organization recognized by the UC Berkeley, or other institution of higher learning.

24. Source Lot. See Lot, Source.

25. Story. See Section 23.106.060 (Story)

26. Street. A public or private thoroughfare which provides principal means of access to abutting lots, including but not limited to, avenue, place, way, manor, drive, circle, lane, court, boulevard, highway, road and any other thoroughfare except an alley or a path as defined in this chapter.

27. Street Line. The boundary between a lot and an adjacent street.

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28. Structural Alteration. Any physical change to or removal of the supporting members of a building, foundation or bearing walls, columns, beams or girders or creation or enlargement of a window or door, change of a roofline or roof shape, including creating, enlarging or extending a dormer.

29. Structural Alteration, Public Safety. Any structural alteration or physical change to a building that provides greater safety to the public or occupants by strengthening the building against seismic activity, which does not result in new floor area except that created by necessary structural improvements or physical changes as required under Municipal Code Chapter 19.38 and 19.39.

30. Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. A building is a structure for the purposes of this chapter.

• a. Accessory Structure. A detached structure, other than an accessory building, in which non-habitable uses or activities other than the principal use of the property are conducted. Residential accessory structures include, but are not limited to, enclosed structures such as garages, carports, garden or tool sheds, and non-enclosed structures such as, but not limited to, fences, gazebos, ground-mounted satellite dishes, skateboard ramps and wheelchair ramps. Non-residential accessory structures include, but are not limited to, storage buildings, garages, sheds and other outbuildings.

• b. Subterranean Structure. A roofed structure constructed underground, with no building stories aboveground, of which the roof does not exceed 3 feet above the pre-existing grade. Such structures are either separated from a building or connected to a building only by a passageway or hallway with no openings to finished grade except for a doorway.

• c. Temporary Structure. A tent, tent-house, trailer, mobile office, mobile home or other movable structure or other temporary structure whose construction does not require a building permit.

31. Studio. See Art/Craft Studio and Dance, Exercise, Martial Arts or Music Studio.

32. Supportive Housing. As defined in Health and Safety Code 50675.14(b): Any dwelling unit or a Group Living Accommodation, that is occupied by the target population as defined in subdivision (d) of Section 53260 of the CA Health and Safety Code with no limit on length of stay, that is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

T. “T” Terms.

1. Temporary Use. See Use, Temporary.

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2. Tenant Space Reconfiguration. any physical change to an existing building’s walls separating leased spaces so as to change the number of lease spaces for commercial businesses or the square footage of leasable floor area of an existing commercial lease space.

3. Theater. Any establishment that has a permanent stage or screen for the presentation of live or recorded entertainment and which contains an audience viewing hall or room, with fixed seats. Theaters may be used for live performances of music, dance, plays, orations, and other stage performances and/or the showing of projected motion pictures and videotapes.

4. Tire Sales and Service. An establishment that sells, installs, and provides services for vehicle tires.

5. Tourist Hotel. See Hotel, Tourist.

6. Tourist Hotel Room. A sleeping room used, designed or intended for occupancy by transient guests for a period not to exceed 14 consecutive days, which is not a residential hotel room or a dwelling unit.

7. Townhouse. A dwelling unit in which ownership is in the form of a condominium arrangement which is located in a separate building from any other dwelling unit.

8. Transitional Housing. From Health and Safety Code Section 50675.2: Any dwelling unit or a Group Living Accommodation configured as a rental housing development, but operated under program requirements that call for the termination of assistance and recirculation of the assisted units to another eligible program recipient at some predetermined future point in time.

9. Treehouse. An accessory structure built within, on or above the branches of any living tree.

10. Two-Family Dwelling. A building or use of a lot designed for, or occupied exclusively by, two households.

U. “U” Terms.

1. Unenclosed Accessory Structure. An accessory structure that does not have a roof, and/or does not have walls on more than two sides. Unenclosed accessory structures include, but are not limited to, pergolas, trellises, shade structures, arbors, retaining walls, solar energy equipment, ground or pole-mounted satellite dishes, play structures, skateboard ramps, tree houses and windmills.

2. Urban Agriculture. The production of horticultural crops for harvest, sale, and/or donation, including community gardens. This use excludes include cannabis cultivation and does not pertain to raising animals.

   • a. Low-Impact Urban Agriculture. Urban agriculture that meets the thresholds in Section 23.318.040 (Thresholds).

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• b. High-Impact Urban Agriculture. Urban agriculture that does not meet one or more of the thresholds in Section 23.318.040 (Thresholds).

3. Urban Agricultural Products. Horticultural crops including fruits, vegetables, nuts, flowers, herbs, and any other cultivar, and value-added products made from raw agricultural products grown at the site such as jams, fruit preserves, herb blends, and floral bouquets. Urban agricultural products do not include cannabis products.

4. Usable Open Space. Outdoor space, including natural and landscaped ground areas, pools, patios, decks and balconies designed for active or passive recreational use and which is accessible to the occupants of a building on the same lot.

5. Usable Space. Any portion of a building or structure which is designed to be or can be used as habitable space, which has finished walls (sheetrock or plaster) and/or is heated with any fixed furnace or central heating system, including bathrooms, halls, garages and laundry rooms. Storage areas with over 6 feet of vertical space shall also be considered usable space.

6. Use. The purpose for which land or premises or a building thereon is designed, arranged, or intended or for which it is or may be occupied or maintained.

7. Use, Accessory. A use that is of the same nature as or complementary to the principal use of a lot or a building located on the same lot, and that is not independent of the principal use.

8. Use, Ancillary. A use that is both dependent on and commonly associated with the principal permitted use of a lot and/or building and that does not result in different or greater impacts than the principal use.

9. Use, Incidental. A use of a lot and/or building that is secondary to the principal permitted use, but that by nature could be independent. An incidental use shall not exceed 25 percent of the floor area of the primary use, and if it consists of the commercial sales of a different line of products or services than the primary use, such incidental use may not generate gross receipts in excess of 33 percent of the gross receipts generated by the primary use.

10. Use, Primary. The main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

11. Use, Temporary. A use of a building, property or land area, that is limited in duration of time, does not permanently change the character or physical facilities of the premises or property and is in keeping with the purposes listed in the district where it is located.

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12. Utility. An entity which provides water, sewage collection, electricity, natural gas, telephone, cable television or other public service or good to the public.

V. “V” Terms.

1. Vehicle Parts Stores. An establishment that sells automobile, truck or other vehicle parts or equipment. This use excludes service of vehicle parts.

2. Vehicle Rentals. An establishment which rents automobiles, trucks, motorcycles, boats, or other motor-driven vehicles that are stored either indoors or outdoors on its premises.

3. Vehicle Repair and Service. An establishment that repairs, services, paints and/or conducts bodywork on automobiles, trucks or other motor-driven vehicles on its premises. Includes restoration of antique and classic cars.

4. Vehicle Sales. An establishment which sells, or leases long-term, new, used or previously owned automobiles or trucks; restored vintage, specialty, or antique automobiles or trucks; or automobiles or trucks refurbished for alternative fuels (alternative to conventional gasoline). Ancillary uses and services that are supporting of an vehicle sales use may include the sale and installation of automobile parts, accessories and equipment; repair, maintenance, bodywork and other service of automobiles; loaning of vehicles to service patrons; storage of vehicles outdoors; and automobile washes. This use excludes establishments where more than 50 percent of vehicles sold are previously owned or used (see vehicles sales, used).

5. Vehicle Sales, Used. An establishment which sells automobiles and/or trucks of which more than fifty percent at any time are previously owned and/or used.

6. Vehicle Sharing (which includes “Car Sharing”). A membership-based service that:

   • a. Provides a mobility service that helps meet City goals for alternative transportation to enhance mobility options, reduce congestion and promote walking, biking and transit;

   • b. Is primarily designed for shorter time and shorter distance trips that can function as an extension of the public transportation network;

   • c. Offers membership to all qualified drivers in the City;

   • d. Does not require a separate written agreement or human intervention to access vehicles each time a member reserves and uses a vehicle;

   • e. Offers members access to a dispersed network of shared automotive vehicles, available 24 hours per day, 7 days a week, at self-service locations where the vehicles are not attended; and

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• f. Provides vehicle usage without restriction at hourly and/or per mile rates that are directly proportional to usage and include fuels (gas), insurance, maintenance, and reserved parking when vehicles are not in use.

7. Vehicle Sharing Pod. Any location reserved for shared vehicles that:

   • a. Is located in a location approved for off-street parking or municipal parking lot; or

   • b. Is located on street in a site designated by the City for this use; and

   • c. Does not involve more than five shared vehicles per vehicle sharing service provider; and

   • d. Where the shared vehicles must be parked in assigned spaces in conformance with all applicable laws and ordinances.

8. Vehicle Wash. An establishment where the Washing, waxing, or cleaning of automobiles or similar light vehicles are the primary use. Includes self-serve washing facilities.

9. Vehicle Wrecking. An establishment which engages in the on-site dismantling or wrecking of automobiles, trucks, or trailers for the purpose of obtaining parts, metal, or materials for re-use or resale or the storage and keeping of such dismantled parts.

10. Veterinary Clinic. A facility providing veterinarian and/or medical care or treatment for animals. This use includes pet hospitals but excludes kennels or other animal boarding facilities for non-medical care of animals of over 24 hours.

11. Video Tape/Disk Rental Stores. A commercial establishment where the primary business is the rental of video tapes and DVD for the short-term use of customers.

12. View Corridor. A significant view of the Berkeley Hills, San Francisco Bay, Mt. Tamalpais, or a significant landmark such as the Campanile, Golden Gate Bridge, and Alcatraz Island or any other significant vista that substantially enhances the value and enjoyment of real property.

W. “W” Terms.

1. Warehouse. A facility for the storage of commercial goods. Includes storage of goods for a contiguous and directly accessible retail space. Excludes ministorage.

2. Warehouse-Based Non-Store Retailers. Retail activity that is based on sales without on-site customer visits. This use includes businesses engaged in catalog sales, internet sales, and phone orders. Goods may be both stored and distributed from site. This use includes delivery-only cannabis retailers located in the Manufacturing (M) district.

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3. Wheelchair Ramp. A sloping ramp, designed in width and steepness to allow a person in a wheelchair to reach an entrance doorway of a building or a landing at the same level as the doorway.

4. Wholesale Trade. The sale of goods to other businesses for resale. Any use defined as conducting Wholesale Trade under Municipal Code Section 9.04.150 is considered a wholesale trade establishment.

5. Windmill. A device that converts the kinetic energy of the wind to a usable form of electrical or mechanical energy, usually by rotating blades.

• X. “ X” Terms.

Y. “Y” Terms.

1. Yard. See Setback Area

Z. “Z” Terms .

1. Zoning Ordinance. Title 23 of the City of Berkeley Municipal Code.

• A. Error! Reference source not found. shows terms corresponding to acronyms used in the Zoning Ordinance. For zoning district names that correspond to district symbols (e.g., R-1 for Single-Family Residential), see Table 23.108-1: Zoning Districts.

TABLE 23.502-1: ACRONYMS USED IN ZONING ORDINANCE

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Appendix A CITY OF BERKELEY BASELINE ZONING ORDINANCE (BZO) TABLE RELATING NEW ORDINANCE TO OLD ORDINANCE

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Appendix B CITY OF BERKELEY BASELINE ZONING ORDINANCE (BZO) TABLE RELATING OLD ORDINANCE TO NEW ORDINANCE

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Attachment 1, Exhibit B Official Zoning Map

==> picture [848 x 713] intentionally omitted <==

----- Start of picture text -----
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BuffR-2AR-2AC-NR-1HR-1R-2AR-1HR-3R-1HR-2AC-ACR-2AR-1HR-1R-2AR-2AR-2AR-1HR-2R-2AC-NR-1HR-2AC-ACC-NR-2AR-2AC-SAR-2AC-ACR-2AC-DM U BuffR-2AR-1HR-1HC-SAR-2AC-DM U BuffR-4R-2AR-3C-SAR-2AC-SAC-ACR-3R-1HR-3R-1HR-2AR-1HR-1HR-4R-1HR-2AC-ACR-2AHC-NS(H ) R-2A R-2HR-2AHR-2AC-ACC-SAR-2AR-2AR-4R-2AR-2AR-2AR-2AC-NSC-ACR-1HR-2AC-ACR-2AC-DM U BuffR-2AR-1HR-4R-2AR-2AC-ACC-DM U CoreC-NSC-DM UR-2AC-NSC-DM UR-1HC-DM U CoreC-ACOuteR-1HR-2AC-ACBuffC-DM U BuffC-DM U CoreC-DM U BuffR-3R-1HR-4C-NSR-1HR-2AHC-NS(H )R-2AC-NSC-ACR-1HR-2HR-2AC-NSC-DM U OuteC-CR-1HR-4C-CR-3C-DM U BuffR-2AC-DM U CorrC-DM U BuffR-2AC-CC-SAR-3C-NSR-2AC-NSR-4R-1HC-DM U CorrR-2AC-DM UC-NSC-ACC-DM U CoreC-ACC-ACR-2ACoreR-2HR-2AC-ACR-1HR-2HR-2AC-DM UR-1HR-2AR-2AC-DM U Corr C-DM U OuteR-2AC-CC-DM U CoreC-DM U CorrC-ACR-2AC-SAC-CC-DM U BuffC-ACR-1HR-1HR-4C-ACR-2AHR-4R-1HC-DM UR-1HR-1HC-ACC-ACR-4OuteC-ACR-1HR-2AC-DM U BuffR-2AR-1HC-SAR-2AC-ACR-1HCorrR-4R-1HR-2AR-2AC-DM U CorrC-ACR-2AC-DM U CorrR-3C-DM U CoreC-ACR-1HR-4R-4R-3R-2AC-ACC-DM 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R-2A
3RD (SPPR) BLAKE
----- End of picture text -----

of the City of Berkeley, California

Adopted by the Berkeley City Council on March 18, 1999 - Ordinance No. 6478-N.S.

ZONING DISTRICTS

R-1 Single Family Residential R-1A Limited Two-family Residential R-2 Restricted Two-family Residential R-2A Restricted Multiple-family Residential R-3 Multiple-family Residential R-4 Multi-family Residential R-5 High Density Residential ES-R Environmental Safety-Residential R-S Residential High Density Subarea R-SMU Residential Mixed Use Subarea C-DMU C-DMU Core C-DMU C-DMU Outer Core C-DMU C-DMU Corridor C-DMU C-DMU Buffer C-C Corridor Commercial C-E Elmwood Commercial C-N Neighborhood Commercial C-NS North Shattuck Commercial C-SA South Area Commercial C-AC Adeline Corridor Commercial C-SO Solano Avenue Commercial C-T Telegraph Avenue Commercial C-U University Avenue Commercial C-W West Berkeley Commercial M Manufacturing MM Mixed Manufacturing MULI Mixed Use-Light Industrial MUR Mixed Use-Residential SP Specific Plan U Unclassified OTHER MAP SYMBOLS Hillside Overlay Boundary Arts District Overlay Southside Plan Downtown Area Plan University Ave Strategic Plan Avenue Mixed Use UASP Node

Updated in August 2021 (ZORP BZO)

Page 495 of 531 6

Attachment 1, Exhibit B

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----- Start of picture text -----
R-3 R-2A C-T C-T R-3 R-3 R-3 R-2 R-2 R-2A R-2A
R-2A R-3 R-3
R-2A R-2A C-T R-2 R-2 R-2 R-2 R-3 R-2A Official Zoning Mapof the
U City of Berkeley, California
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----- End of picture text -----

1

6

5

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----- Start of picture text -----
C-WR-2 R-2 R-2 R-2 R-2 R-2R-2R-2R-2R-2R-2 R-2 R-2A C-SA R-2 R-2 R-2 R-2A R-2 R-2A R-2A R-2A R-2A C-AC C-ACR-2A R-2 R-2 R-2 R-2 C-C C-C
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C-W R-1 R-2 R-2 R-2 R-2 R-2 C-C C-C
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MUR R-3 C-SA R-2A R-2 R-2A R-4 R-2 R-2 R-2A
MUR R-1 R-1 R-3 C-SA R-2 R-2A R-4 R-4 R-2A R-2A C-C
C-W R-1 R-1C-SA C-SA R-2A R-2A C-AC C-SA C-SA R-2A R-2A R-2A C-C R-3
C-W R-1 C-SAR-1 R-2A R-4 C-AC C-SA R-2A R-2A R-2A R-2 R-3R-3
MUR MUR R-1 R-1 R-1 R-1 C-SAR-1 C-SA R-2A R-2A R-2A R-2A C-SAR-4 C-SA R-2AC-AC C-SA C-SA R-2 R-2 R-2 C-C C-CR-1R-2 1
MUR C-W R-1 R-1 R-1 R-1 R-2A R-2A C-AC R-2A C-SAC-SA R-2 R-2 R-2 C-C R-1
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MULI R-2A R-3 R-3 C-SA R-2A R-2A C-SA R-2 R-2 C-C R-2
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MULI C-W R-2A C-SA of the
C-W R-2A C-SA R-2A City of Berkeley, California
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MULI C-W C-SA R-2A R-2A C-AC
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C-SA R-2A
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----- End of picture text -----

ON
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----- End of picture text -----

8

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----- Start of picture text -----
R-1A R-1A R-1A R-1A R-1A C-W C-WR-2 R-2 R-2 R-2 R-2 R-2R-2 R-2 R-2R-2 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1R-1R-2 R-2 R-2 R-2 R-2 R-2 R-2AR-2A R-2AR-2A R-2A R-2A
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R-2 R-2 R-2 R-2 R-2 R-2
R-1 R-2 C-N C-N
R-1A C-W C-W R-2 R-1 R-2 R-2 Ordinance Number
R-1A R-1A R-1A R-1A R-2 R-2 R-2 R-2 R-2 R-1 R-1 R-2 R-2 R-2A C-N C-N R-2A R-2A 66,,681-N.S.830-N.S. 4/18/20021/6/2005
R-1A R-1A C-W R-1 R-2 R-2A 7,232-N.S. 5/14/2012
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MUR R-1A R-1A R-3 R-3 C-W C-U C-U C-UR-2A R-4 R-2 R-2 C-DMU CoreC-DMU
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----- End of picture text -----

Official Zoning Map

5

3

2

==> picture [1210 x 738] intentionally omitted <==

----- Start of picture text -----
Page 498 of 5317 Attachment 1, Exhibit B
R-2A C-NS C-NSR-2A R-2AR-3 R-3 R-1 R-1 R-1R-1 R-3H R-3HR-3H R-3H R-3H R-2AH R-2AH R-1H
R-2R-2A R-2A R-2A R-2A C-NS R-4 R-4 R-4 R-3H R-4H R-2AH R-2AH R-1H Official Zoning Mapof the
City of Berkeley, California
R-3H
R-1H R-3H R-3H
C-NC-N C-NS R-4H R-4H Ordinance Number Effective Date Districts Affected
R-3H
C-N C-N R-2A R-2A C-C C-CR-4 R-4 R-3H R-3H 6,514-N.S. 12/16/1999 C-2
R-2A R-3H R-3H 7,211-N.S. 11/12/2011 R-S, R-SMU
C-C R-4 R-3H R-3H R-4H R-4HC-N(H)C-N(H) 7,232-N.S. 5/4/2012 R-3, C-DMU
R-2A R-2A R-3H 7,744-N.S. 1/16/2021 C-SA, R-2, C-AC
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----- End of picture text -----

THERTON
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----- End of picture text -----

2

1

Page 499 of 531

9

Attachment 1, Exhibit B

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----- Start of picture text -----
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Official Zoning Map 0 490 980 Feet
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ATTACHMENT 2

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Office of the City Manager

ACTION CALENDAR January 26, 2016

To: Honorable Mayor and Members of the City Council From: Dee Williams-Ridley, Interim City Manager Submitted by: Eric Angstadt, Director, Planning & Development Subject: Customer Service Improvements to Land Use Permit Process

RECOMMENDATION

Direct staff to make structural improvements to the Zoning Ordinance, communication improvements to better explain complex technical and procedural elements to the public, and organizational improvements to the Land Use Planning Division; and authorize the issuance of a request for proposals (RFP) for the selection of consultants to make structural improvements to the Zoning Ordinance and develop graphic communication elements in an amount not to exceed $300,000.

SUMMARY

This staff report describes the impact of the City of Berkeley’s Zoning Ordinance and practices on land use applications, including the staffing and processing time required to conform to existing City regulations, and makes recommendations for future revisions with the goal of streamlining the process and better configuring City resources for the benefit of the public.

FISCAL IMPACTS OF RECOMMENDATION

If authorized, the hiring of a consultant to make structural improvements to the Zoning Ordinance and develop graphic communication elements would be a one-time cost of $300,000 which would come from the Permit Service Center fund balance.

Budget Code:

833-8502-463.30-38…………………………………………………………………. $300,000

In the event that future contract awards exceed the existing budget for Planning contracts in the current fiscal year, a request for additional appropriations will be submitted as part of a subsequent amendment to the Annual Appropriations Ordinance.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-mail: manager@CityofBerkeley.info Website: http://www.CityofBerkeley.info/Manager

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CURRENT SITUATION AND ITS EFFECTS

LAND USE PERMIT PROCESS

The Berkeley Zoning Ordinance is extremely complex and requires some type of discretionary review for most land use related activities, whether new construction, expansion or alteration of existing buildings, or establishment or change of land use. The complexity lies in the various requirements that trigger discretionary review being located in discrete sections of the Ordinance that are frequently not identified by applicants, and only discovered once staff has conducted a detailed review of the application.

related activities, whether new construction, expansion or alteration of existing buildings, or establishment or change of land use. The complexity lies in the various requirements that trigger discretionary review being located in discrete sections of the Ordinance that are frequently not identified by applicants, and only discovered once staff has conducted a detailed review of the application.

This general complexity makes it difficult for staff to apply land use regulations consistently over time, which is especially true given the number of new personnel. As a result of vacancies and the addition of new positions, over 50% of the planners in the Land Use Division have a tenure of less than two years. It is also difficult to effectively educate the public regarding the many unique aspects of the Ordinance that result in more extensive submittal requirements and longer approval procedures than comparable cities.

Berkeley is a unique city. However, the Zoning Ordinance takes a “one size fits all” approach in regard to the prescribed processes for making discretionary decisions. There is also no differentiation between the operational impacts associated with a use from the environmental impacts associated with design. As a result, the establishment of a new use or change of an existing use must be processed the same way as the construction of a new building. Despite the numerous and complicated provisions in the Ordinance that trigger discretionary review, there are only two processes, Use Permit and Administrative Use Permit, to address the entire range of land use activities. The current structure of the Ordinance does not allow for any deviation from these two processes if the associated triggers are met.

The impact of having only two processes is that the level of review is often disproportionate to the potential land use impacts, and substantial time is added to the application review and approval process, with lead time required for public noticing and statutory timelines for appeals. Highly discretionary processes are also labor intensive, with staff required to prepare mailings, post properties, review and analyze applications, and document the analysis supporting the decision or recommendation. All of this translates into higher fees and longer timelines for applicants.

COMMUNICATION

There is an ongoing effort to update the entire City of Berkeley website; however, there is an urgency to update web-based information for the Land Use Planning Division due to the need to provide more self-service options for the general public. The existing web pages for the Land Use Planning Division are excessively text-based and poorly organized. In addition, the lack of clarity in the Zoning Ordinance makes it very difficult

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ACTION CALENDAR January 26, 2016

for the general public to look up information on their own, and this generates an extremely high volume of inquiries in all forms, whether in person, by telephone, or via email.

STAFFING

The current organization of the Land Use Planning Division is very flat and lacks positions at the paraprofessional level (such as a Planning Technician) and project manager level (Senior Planner). In addition, customer service duties, including staffing the Zoning Counter, answering phone calls, and responding to email inquiries, are distributed among all staff from the Land Use Planning Manager to Office Specialist II. While it is beneficial for all staff to be cross-trained in all aspects of the Division, requiring that all staff participate in every function is not efficient and results in delayed and sometimes inconsistent responses to customers, and disrupts the review of land use applications.

BACKGROUND

LAND USE PERMIT PROCESS

The following table compares the number of discretionary permits and associated appeals during 2015 in the City of Berkeley with those in other local cities. Permits are grouped into minor (similar to an Administrative Use Permit) and major (similar to a Use Permit) categories. Other than Piedmont and Oakland, which are significantly different in size, no other municipalities approached Berkeley in the number of discretionary permits and associated appeals.

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Customer Service Improvements to Land Use Permit Process

Additional analysis of land use decisions shows that of the last four Fiscal Years (FY), FY2012 through FY2015, there were 274 Use Permits (UPs) acted upon. Of those, 25 were appealed of which two were withdrawn resulting in an appeal rate of 8.3%. For those appeals that went to hearing, the staff recommendation was affirmed 84% of the time by ZAB and 89% by City Council. Looking at the total number of UPs processed over the last four fiscal years, the City Council disagreed with the staff recommendation only twice (0.73%).

rmits (UPs) acted upon. Of those, 25 were appealed of which two were withdrawn resulting in an appeal rate of 8.3%. For those appeals that went to hearing, the staff recommendation was affirmed 84% of the time by ZAB and 89% by City Council. Looking at the total number of UPs processed over the last four fiscal years, the City Council disagreed with the staff recommendation only twice (0.73%).

The UP project types most frequently appealed were new dwellings in the R-1H, R-2A and R-3 districts (25%), and new mixed use buildings in the C-DMU Buffer, C-DMU Core, and R-SMU districts (13%). The zoning districts with the most appealed UPs were R-1H (17%), followed by the R-3 district (13%). The most frequent appeal claims were: Failure to make required findings (13%), Failure to comply with procedural requirements (13%), Loss of sunlight and/or views (12%) and Traffic (10%).

Similar analysis was conducted for Administrative Use Permits (AUPs). In the last four fiscal years, 532 AUPs were processed. Of those, 33 appeals were filed; however, eight were withdrawn, resulting in an appeal rate of 4.7%. Of the remaining 25 appeals that went to hearing, ZAB upheld the staff recommendation 95% of the time. Eight ZAB decisions were appealed to City Council, and in those cases the staff recommendation was upheld 100% of the time. When analyzing all of the 532 AUPs processed over the last four fiscal years, the staff recommendation was overturned only once (0.2%).

The AUP project type most frequently appealed was major residential addition (33%). The zoning districts with the most appealed AUPs were R-1H (33%), followed by R-2 (24%). The most frequent appeal claims were: Shadow impacts and/or loss of sunlight/views (27%), Parking (15%), and Noise (12%).

Cross-referencing the zoning district with type of project and basis for appeal demonstrates that the majority of appeals are related to the design of new residences or major residential additions in the R-1H zoning district. The R-1 zone is a single-family zoning district which requires a minimum lot size of 5,000 square feet. As such, the use

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Customer Service Improvements to Land Use Permit Process

of property for single-family residential purposes is not in question. Rather, the question is one of the design of new or modified homes, and whether the purposes of the district are met by a proposed design. This would suggest that a design review process based on design guidelines developed specifically for single-family homes is the more appropriate mechanism to assure that the purposes of the district are met.

COMMUNICATION

Graphically enhanced FAQ sheets and user guides are commonly used to help educate the general public regarding complex and/or technical subject areas, such as land use regulation. Many zoning related topics, such as how to measure building height, are often difficult to describe with text alone.

Complex land use topics are more easily understood when presented in a combination of text and graphics. Processes can be better understood when described in an annotated flow chart. Most zoning definitions can also benefit from figures and diagrams to more clearly convey complex and technical issues.

STAFFING

The Land Use Planning Division is currently comprised of 17 planners, four administrative staff, and six interns. The planners are distributed among the follow job classifications: 1 Land Use Planning Manager, 5 Principal Planners, 1 Senior Planner, 6 Associate Planners, and 4 Assistant Planners. With the exception of the Land Use Planning Manager and Principal Planners, all planners participate in the staffing of the Zoning Counter and respond to emails and phone calls from the general public. All planners with the exception of the Land Use Planning Manager and two Principal Planners in the Policy and Special Projects Team also serve as project planners.

Similar to the “one size fits all” approach which describes the existing land use processes, the historic practice of requiring planners to be a master of all disciplines does not allow the development of special skills. Land use regulation is a rapidly evolving field that is very sensitive to changes in technology. In addition, federal and state regulations are constantly changing and can dictate how local jurisdiction may or must regulate certain uses. The continuing education required to stay abreast of the full range of such changes is often beyond the ability of any one individual. The organization of the Land Use Planning Division should be modified in acknowledgement of these requirements.

ENVIRONMENTAL SUSTAINABILITY

There are no identifiable environmental effects or opportunities associated with the subject of this report.

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RATIONALE FOR RECOMMENDATION

LAND USE PERMIT PROCESS

The analyses of land use application data support the proposal to make changes to existing processes, such as introducing a minor use permit and staff-level single-family residential design review. Such structural modifications to the Zoning Ordinance would more closely align the regulation of land use with historic trends, and result in a level of discretionary review more commensurate with the documented concerns of the community. Right-sizing processes would also save the public time and money.

COMMUNICATION

Providing illustrations in addition to text assures more consistent interpretation of complicated regulations. Processes also benefit from graphics, such as flow charts, that highlight the various actors, decision-making bodies, and timing of critical decision points. These graphic communication tools can be developed in advance of the citywide website update, and then used in conjunction with that project.

STAFFING

The requirements and expectations for responding to customer inquiries and managing projects are often in conflict, and staff struggle to achieve an appropriate balance. Reorganizing the Division by adding Senior Planner positions devoted to project management and creating a Planning Technician job classification that would be primarily responsible for responding to customer inquiries would significantly reduce the current conflicts. Planners would have more time to focus on increasingly complex land use applications, and the general public would receive more timely responses to their questions. Staff specialized in communications and whose focus is customer service would be more effective at explaining the proposed structural changes to the Zoning Ordinance, how they are applied, and how the public is involved.

ALTERNATIVE ACTIONS CONSIDERED

The Council may affirm, modify or decline to provide direction to staff.

CONTACT PERSON

Eric Angstadt, Director, Planning and Development, 981-7410

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Planning Commission

FINAL MINUTES OF THE SPECIAL PLANNING COMMISSION MEETING December 16, 2020

The meeting was called to order at 7:02 p.m.

Location: Virtual meeting via Zoom

1. ROLL CALL:

Commissioners Present: Benjamin Beach, Barnali Ghosh, Savlan Hauser, Robb Kapla, Shane Krpata, Mary Kay Lacey, Christine Schildt, Jeff Vincent, and Brad Wiblin.

Commissioners Absent: None.

Staff Present: Secretary Alene Pearson, Katrina Lapira, Justin Horner, Jordan Klein, Liz Redman Cleveland and Alisa Shen.

2. ORDER OF AGENDA: No changes.

3. PUBLIC COMMENT PERIOD: 1

4. PLANNING STAFF REPORT:

• City Council

  • January 26 – Parking Reform (4pm)

  • February 9 – Home Occupations Ordinance

• Land Use Planning received Local Early Action Planning (LEAP) that will be used to fund consultant help on the Sixth Cycle Housing Element Update. RFP available on COB website. Proposals due on January 12, 2021.

Information Items:

• Referral to Planning Commission: Re-designation and rezone of five parcels adjacent to the Adeline Corridor Plan Area (adopted by City Council on November 17, 2020)

Communications:

• None

Late Communications : See agenda for links.

• Supplemental Packet One

• Supplemental Packet Two

• Supplemental Packet Three

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5. CHAIR REPORT:

 Welcome new Planning Commissioners!

  - Barnali Ghosh 

  - Savlan Hauser 

6. COMMITTEE REPORT: Reports by Commission committees or liaisons. In addition to the items below, additional matters may be reported at the meeting.

• CAG Meeting on December 14 – Discussed and received feedback on various concepts including built form, site design, and the overall vision for both BART sites

7. APPROVAL OF MINUTES:

Motion/Second/Carried (Wiblin/Lacey) to amend Line 56 and approve the Planning Commission Meeting Minutes from December 16, 2020.

Ayes: Beach, Hauser, Kapla, Krpata, Lacey, Schildt, Vincent, and Wiblin. Noes: None. Abstain: Ghosh. Absent: None. (8-0-1-0)

8. FUTURE AGENDA ITEMS AND OTHER PLANNING-

• January 6

  • Background on Gentrification and Displacement Referral

  • Discussion of Parking Reform Item Recommendation

• January 20 – Special Concurrent Meeting with Housing Advisory Commission (HAC) to address Gentrification and Gentrification Referral

AGENDA ITEMS

9. Action:

Public Hearing to Recommend Adoption of the Baseline Zoning Ordinance (BZO)

Staff shared the draft Baseline Zoning Ordinance (BZO), noting edits made since Planning Commission’s last review that address Commission and public feedback, responses to Commissioners’ questions, and a summary of outreach efforts.

Public Comments: 4

Motion/Second/Carried (Vincent/ Krpata) to close the public hearing on the BZO at 8:06pm. Ayes: Beach, Hauser, Kapla, Krpata, Lacey, Schildt, Vincent, and Wiblin. Noes: None. Abstain: Ghosh. Absent: None. (8-0-1-0)

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Motion/Second/Carried (Vincent/ Wiblin) to recommend that the City Council adopt the draft BZO after incorporating Zoning Ordinance amendments adopted by City Council between Planning Commission’s action and City Council’s action and sharing with the Chair for confirmation.

Ayes: Beach, Hauser, Kapla, Krpata, Lacey, Schildt, Vincent, and Wiblin. Noes: None. Abstain: Ghosh. Absent: None. (8-0-1-0)

10. Discussion: Business Support Zoning Amendment Referrals – Research and Development

Staff shared background information, research, and

recommendations to address the City Council referral regarding the modification of the Research and Development (R&D) definition. After the presentation, the Commission asked questions and provided comment on protected uses, ancillary office space, and specifics related R&D jobs and high technology.

Public Comments: 3

11. Discussion:

Adeline Corridor Plan Adoption

The Planning Commission discussed and received public comment on the adoption of the Adeline Corridor Plan.

Public Comments: 4

12. Action: 2021 Meeting Schedule

The Planning Commission reviewed the 2021 meeting schedule.

Motion/Second/Carried (Kapla/ Vincent) to adopt the following 2021 Planning Commission schedule:

Wednesday, January 6, 2021 Wednesday, January 20, 2021 – Special Concurrent meeting with HAC Wednesday, February 3, 2021 Wednesday, March 3, 2021 Wednesday, April 7, 2021 Wednesday, May 5, 2021 Wednesday, June 2, 2021 Wednesday, July 7, 2021 Wednesday, September 1, 2021 Wednesday, October 6, 2021 Wednesday, November 3, 2021 Wednesday, December 1, 2021

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Ayes: Beach, Ghosh, Hauser, Kapla, Krpata, Lacey, Schildt, Vincent, and Wiblin. Noes: None. Abstain: None. Absent: None. (9-0-0-0)

Motion/Second/Carried (Krpata/ Lacey) to adjourn the Planning Commission meeting at 10:43pm.

Ayes: Beach, Ghosh, Hauser, Krpata, Lacey, Schildt, Vincent, and Wiblin. Noes: None. Abstain: Kapla. Absent: None (8-0-1-0)

Public Comments: 0

Members in the public in attendance: 28 Public Speakers: 11 speakers Length of the meeting: 3 hours and 41 minutes

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ATTACHMENT 4

COMPARRISON OF VARIANCE SECTION IN THE CURRENT ZONING ORDINANCE AND THE PROPOSED BASELINE ZONING ORDINANCE (BZO)

Current Zoning Ordinance section on Variances:

23B.44.010 Variances

The Board may grant Variances to vary or modify the strict application of any of the regulations or provisions of this Ordinance with reference to the use of property, the height of buildings, the yard setbacks of buildings, the percentage of lot coverage, the lot area requirements, or the parking space requirements of this Ordinance; provided, however, that a use permit, rather than a variance, may be approved to vary or modify the strict application of any of the regulations or provisions of this Ordinance with reference to the yard setbacks of buildings, the percentage of lot coverage, or the parking space requirements when development is proposed on property which is located within thirty feet of an open creek and where varying from or modifying existing regulations is necessary to enable the property owner to comply with BMC Chapter 17.08, Preservation and Restoration of Natural Watercourses.

Draft BZO section on Variances:

B. When Allowed

1. Deviations Allowed with a Variance. The ZAB may grant a Variance to allow for deviation from any provision in the Zoning Ordinance related allowed land uses, use-related standards, and development standards.

2. Deviations Allowed with a Use Permit. The ZAB may allow deviations from building setback, lot coverage, and on-site parking standards with a Use Permit instead of a Variance if:

• a. The property is 30 feet or less from an open creek; and

• b. Deviation from the standard is necessary to comply with Chapter 17.08 (Preservation and Restoration of Natural Watercourses).

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Attachment 5

BASELINE ZONING ORDINANCE CONSENT CHANGES MATRIX

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Planning and Development Department

Land Use Planning Division

STAFF REPORT

DATE: December 16, 2020 TO: Members of the Planning Commission FROM: Justin Horner, Associate Planner

SUBJECT: Public Hearing to Recommend Adoption of Baseline Zoning Ordinance (BZO)

RECOMMENDATION

Hold a public hearing, consider input, and make a recommendation to City Council on adoption of the Draft Baseline Zoning Ordinance (BZO; Attachment 1 ) to replace Berkeley’s current Zoning Ordinance (Subtitles 23A, 23B, 23C, 23D, 23E and 23F of the Berkeley Municipal Code).

BACKGROUND

Development of the BZO is Phase 1 of the Zoning Ordinance Revision Project (ZORP). ZORP originates from a 2016 City Council Referral to “direct staff to make structural improvements to the Zoning Ordinance, communication improvements to better explain complex technical and procedural elements to the public, and organizational improvements to the Land Use Planning Division.”

At its meeting of September 2, 2020, the Planning Commission was presented with a draft of the BZO, heard a presentation from staff describing the process of the development of the BZO, and was asked to provide comments and guidance to staff to finalize the BZO for formal consideration at this evening’s public hearing. Specifically, the Planning Commission directed staff to return with additional details on the following three matters: the content of the Consent Changes Matrix ( Attachment 2) ; clarification of the basis for some of the recommendations; and details about the outcome of community outreach efforts.

DISCUSSION

For a detailed discussion of the BZO and its development, please see the September 2, 2020 Planning Commission staff report included as Attachment 3 . The Discussion below includes only responses to questions asked of staff at the September 2, 2020 meeting.

1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.6903 Fax: 510.981.7420 E-mail: planning@ci.berkeley.ca.us

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Consent Changes Matrix

Although the development of the BZO has not included any major policy changes, there are a number of minor substantive changes to the Zoning Ordinance that are included in the BZO. These changes explicitly state existing legal requirements, codify current practices, and clarify ambiguous terms. These changes are either revisions of existing Zoning Ordinance language or brand new language added to the BZO. In either case, these changes do not result in any significant changes in policy. To reflect their minor nature, these changes are collectively called “consent changes,” and have been collected in a Consent Changes Matrix for ease of review.

The Consent Changes Matrix reviewed at the September 2, 2020 Planning Commission meeting included only those changes that were made to existing Zoning Ordinance language. At that meeting, the Planning Commission directed staff to include two pieces of additional information in the Consent Changes Matrix. The first was to add a Rationale column to the matrix to offer a brief justification of each consent change. The second was to add any new language that qualified as a consent change to the Consent Change Matrix.

The revised Consent Changes Matrix is included as Attachment 2 of this report.

Baseline Zoning Ordinance Clarifications

The Planning Commission had four specific questions regarding language included in the BZO.

Two questions related to Section 23.102.070 of the BZO and pertain to the relationship between the BZO and other laws and regulations. Section 23.102.070 of the BZO reads:

• A. Conflict with State or Federal Regulations . Where the Zoning Ordinance conflicts with state or federal laws, higher law applies unless local variation is permitted.

• B. Conflict with Other City Regulations . Where the Zoning Ordinance conflicts with other ordinances, resolutions, or regulations of the City of Berkeley, the more restrictive regulation is applied.

• C. Conflict with Private Agreements . It is not the intent of the Zoning Ordinance to interfere with, abrogate, or annul any easement, covenant, deed restriction, or other agreement between private parties. If the Zoning Ordinance imposes a greater restriction than imposed by a private agreement, the Zoning Ordinance controls. Private agreements may impose greater restrictions than the Zoning

The first question raised by the Planning Commission was whether Section 23.102.070(A) accurately characterizes the relationship between the BZO and state and federal law. The Planning Commission was concerned that this provision was not a correct statement of the law and could unintentionally cede legislative authority to the state and federal governments beyond the authority they already possess. There was also concern that the statement was so expansive that readers of the BZO may not feel confident that the

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rules in the BZO are set and not subject to unexpected changes from the state and federal governments.

City staff consulted with the City Attorney’s Office and was advised that Section 23.102.070(A) is a correct statement of the law, consistent with the Supremacy Clause of the United States Constitution and Article XI, Section 5(a) of the California Constitution (“It shall be competent in any city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to general laws.”).

For the second question, the Planning Commission requested the legal basis for Section 23.102.070(B) which discusses conflicts between the BZO and other city regulations. City staff consulted with the City Attorney’s Office and was advised that 23.102.070(B) is an interpretative statement that the Planning Commission may or may not choose to include. However, generally, staff was advised that compliance with the Zoning Ordinance does not excuse non-compliance with other applicable laws or regulations, so this statement reflects a correct interpretation of the law in the vast majority of cases.

The third question was whether Section 23.404.070(C) of the draft BZO, which pertains to the modification of approved permits, is an accurate restatement of what is included in the current Zoning Ordinance. Section 23.404.070(C) reads:

C. Review Authority . A permit shall be modified by the review authority which originally approved the permit.

Staff can confirm that Section 23.404.070(C) is an accurate summary of the Zoning Ordinance’s requirements. Staff notes that the Zoning Adjustments Board (ZAB), pursuant to an administrative procedure, has delegated authority to the Zoning Officer for certain modifications.

The fourth question was whether Section 23A.104.020 of the draft BZO granted the Zoning Officer broader authority to interpret the Zoning Ordinance than what is stated in the Zoning Ordinance itself. To more accurately reflect the authority stated in the existing Zoning Ordinance, Section 23.104.020 has been amended to read:

The Zoning Officer is responsible for interpreting the meaning and applicability of all provisions in the Zoning Ordinance. Zoning Officer Interpretations are subject to review and modification by the ZAB and City Council.

Summary of Community Outreach Efforts for the BZO

Staff designed a Community Outreach Plan to solicit input on the BZO. The Plan consisted of the following efforts, the results of which are summarized below:

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1. Creation of Zoning Ordinance Revision Project website.

The ZORP webpage includes basic project information, background documents and links to past and future public meetings regarding ZORP.

2. Targeted outreach to frequent project applicants

Staff contacted about three dozen frequent project applicants to introduce them to the BZO and to request their review and comments, as well as announcing the three office hours sessions and survey (see below). Staff heard from a few parties in response to this outreach, who either requested additional information or expressed support for the simplified format.

3. Internal outreach to Current Planning project staff

Staff asked three Current Planning project staff (Planners) to utilize the BZO to review projects to which they are already assigned, to give the BZO a test run as an actual administrative document. All three Planners provided insightful feedback about the usability of the ordinance and identified some important edits. In general, all three Planners appreciated the clearer language and layout, and, even though they were utilizing a non-hyperlinked pdf document, were supportive of the BZO.

4. Office Hours sessions

Staff held three Zoom “office hours” sessions, all of which were open to the public, to introduce the BZO and take questions or comments. These sessions were held on September 7[th] , 9[th] and 14[th] .

5. Berkeley Considers survey

Staff launched a Berkeley Considers survey entitled “Please Review and Provide Your Feedback on the Baseline Zoning Ordinance” (Survey) to solicit input on the BZO. The Survey was publicized by the Public Information Officer in an email to approximately 60,000 recipients. The Survey was open for the month of September and received 194 visitors and 29 registered responses.

The Survey asked respondents to rate nine sections of the BZO on a scale of 1-to-5 (5 being best) based upon how well the BZO satisfies the following:

• Can be understood by a person without a technical background.

• Is organized so that users can easily find what they are looking for.

• Is written with clarity so it is easy to determine which rules apply to a project or property.

• Is organized so that users did not need to hunt for hidden information.

• Is organized so that users are unlikely to overlook something important.

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The Survey also provided space for respondents to leave narrative comments.

On average, respondents judged each of the 9 sections as a “3” on a scale of 1-to-5 with respect to meeting the above criteria. There were clearly a number of respondents who judged the BZO with respect to its content, as opposed to whether it was a good revision of the existing Zoning Ordinance (for example, one commenter noted “REPEAL ENTIRE ZONING CODE”), and there were two who noted having bad experiences getting permits themselves. A number of respondents provided helpful suggestions (“more diagrams”) and a few expressed support for the clearer presentation style of the BZO.

Environmental Review

Pursuant to CEQA Guidelines Sections 15378(a), 15060(c)(2) and 15064(d)(3), environmental review is not required because the proposed Zoning Ordinance change is not a Project. The proposed Zoning Ordinance amendment does not meet the definition of a Project under CEQA Guidelines Section 15378(a), nor does it constitute an activity covered by CEQA under CEQA Guidelines Section 15060(c)(2), because passage of the BZO does not constitute a direct physical impact on the environment, nor would it result in an indirect, reasonably foreseeable physical impact on the environment. As the BZO only constitutes a revision of the existing Zoning Ordinance, and does not include any substantive policy changes, identifying and quantifying any potential changes would be highly speculative. Pursuant to CEQA Guidelines Section 15064(d)(3), any change that is speculative is not considered reasonably foreseeable.

Notwithstanding the above, even if it could be demonstrated that the Zoning Ordinance changes are a Project under CEQA, the amendment--a written revision of the Zoning Ordinance--would not constitute a significant impact on the environment under the “Common Sense Exemption,” pursuant to CEQA Guidelines Section 15061(b)(3).

The proposed amendment does not include any provisions that would exempt or otherwise reduce environmental review required under CEQA for individual development projects.

NEXT STEPS

Staff recommends Planning Commission hold a public hearing, consider public testimony, and make a recommendation to the City Council regarding the Baseline Zoning Ordinance.

Attachments:

1. Draft Baseline Zoning Ordinance (BZO)

2. Consent Changes Matrix

3. Planning Commission Staff Report: Baseline Zoning Ordinance Update and Discussion (September 2, 2020) – without attachments

4. Public Hearing Notice

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ATTACHMENT 7

NOTICE OF PUBLIC HEARING BERKELEY CITY COUNCIL

REPEAL THE EXISTING ZONING ORDINANCE AND ZONING MAP AND ADOPT THE NEW ZONING ORDINANCE AND ZONING MAP

(BERKELEY MUNICPAL CODE TITLE 23)

The Department of Planning and Development is proposing to repeal the current Zoning Ordinance (Berkeley Municipal Code [BMC] Title 23), including the Official Zoning Map, and adopt the new Baseline Zoning Ordinance (BZO) and Official Zoning Map as BMC Title 23 with an effective date of December 1, 2021.

The BZO was developed as part of the Zoning Ordinance Revision Project (ZORP), initiated by a City Council referral in 2016, that is aimed at improving customer service. The Baseline Zoning Ordinance rewords and formats the existing Zoning Ordinance to make land use regulations easier to read, understand and administer. The BZO contains all the regulatory elements of the existing Zoning Ordinance and contains no major substantive policy changes.

The hearing will be held on, SEPTEMBER 14, 2021 at 6:00 p.m. The hearing will be held via videoconference pursuant to Governor’s Executive Order N-29-20.

A copy of the agenda material for this hearing will be available on the City’s website at www.CityofBerkeley.info as of September 2, 2021. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology.

For further information, please contact Justin Horner, Associate Planner at 510-9817476.

Written comments should be mailed directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or emailed to council@cityofberkeley.info in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 9816900 or clerk@cityofberkeley.info for further information.

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Published: Friday, September 3, 2021, per California Government Code Sections 65856(a) and 65090.

I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on September 2, 2021. 

__________________________________ Mark Numainville, City Clerk