Chapter 23.302 — SUPPLEMENTAL USE REGULATIONS

This chapter establishes land use regulations that apply in addition to regulations in Chapter 23.202--23.210 Zoning Districts. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Accessory Uses.

1. Long-Term Rental of Rooms in a Dwelling Unit. Renting rooms and/or providing board in a dwelling unit to
persons not living as a household is permitted by right as an accessory use in all Residential Districts. The

room rental/boarding must comply with the following requirements:

(a) Minimum time period for rental: 14 days.

(b) Maximum number of renters: four persons.

(c) A rented room:

i. Must be fully integrated within the dwelling unit such that it has interior access to the rest of
the dwelling unit;

ii. May not have a separate kitchen; and

iii. May not have separate assigned street addresses.

(d) All requirements for off-street parking must be met.

2. Non-Processed Edibles. The sale or donation of non-processed edibles grown or raised on the premises is
permitted by right as an accessory use in all residential districts. All sale and donation activities must comply
with the following requirements:

(a) Sales and donations must be directly to the end consumer of the non-processed edibles.

(b) Sales and donation-related activities must occur between the hours of 8am and 8pm.

(c) Sales and donation-related activities must be located either indoors or in an area generally shielded
from view from the public right-of-way to the extent practical based on the accessibility of the subject lot.

(d) The sale or donation of non-processed edibles may not involve hazardous materials or processes or
create offensive or objectionable noise, vibration, odors, heat, dirt, or electrical disturbance perceptible
by the average person beyond the lot line of the subject lot.

(e) The sale or donation of non-processed edibles may not involve more than ten customer visits to the
premises in one day.

3. Chair Massage.

(a) Chair massage is permitted by right as an accessory use when incidental to a retail use in the
commercial districts and the MU-R district.

(b) No additional parking is required.

4. Commercial Uses in Residential Districts. A commercial use is allowed in a Residential District as an
accessory use only if the use is specifically allowed by the Zoning Ordinance.

B. Hours of Operation.

1. Allowed Hours. Table 23.302-1: Allowed Hours of Operation shows allowed hours of operation for
commercial uses in the commercial districts and the MU-R district, unless otherwise restricted by an existing
permit.

2. Hours of Operation Defined.

(a) For retail or customer-serving office commercial uses, hours of operation are those times that the
business is open to customer access.

(b) For food service establishments, hours of operation include the time that the business is open for customer access to the departure of the last patron. These limitations do not apply to:

i. The delivery, maintenance, security, product preparation and other pre-opening activities, and

ii. Cleanup, shutdown, and other post-closure activities which do not involve presence of
customers.

(c) For other commercial and manufacturing uses which do not involve customer access, hours of
operation are those times that employees are present who are engaged in non-maintenance or security
activities.

3. Exceptions. The City may allow extended hours of operations with the approval of a permit as shown in
Table 23.302-1. If more restrictive hours of operation than what is permitted in Table 23.302-1 are imposed as
a condition of approval on an existing AUP or UP, the hours may be modified within the district’s current
limits with approval of an AUP regardless of the original review authority.

Table 23.302-1. Allowed Hours of Operation

ALLOWED HOURS OF PERMIT REQUIRED TO EXTEND
DISTRICT
OPERATION HOURS

C-C, C-U, C-NS, C-AC, C-W nodes 6:00 a.m.--12:00 midnight AUP

C-N, C-E, C-SO, C-SA, C-W outside 6:00 a.m.--12:00 midnight AUP
nodes, MU-R

C-T, C-DMU 24 hours per day 7 days a week N/A

4. Alcohol Sales in C-T District. A Use Permit is required in the C-T district for a business selling alcohol for off-
site consumption to remain open past midnight. The Use Permit may be approved only if the business’s ABC
license does not require sales of alcohol for off-site consumption to cease by midnight. The Zoning
Adjustments Board (ZAB) may approve the Use Permit only upon finding that the extended hours will not
generate excessive noise affecting the well-being of the residents of the district.

C. Indoor Storage of Goods. In the Commercial Districts, an AUP is required for the indoor storage of goods as an incidental use occupying over 25 percent of the gross floor area.

D. Outdoor Uses.

1. Applicability. This subsection applies to outdoor uses including but not limited to exterior service
windows, outside automatic teller machines, and the outside storage of goods, containers and/or materials.

2. General. Commercial and manufacturing uses shall be conducted solely within an interior of a building
unless:

(a) The permit as required by Paragraph 3 (Permits Required) is obtained; or

(b) the outdoor use is specifically allowed by the Zoning Ordinance.

3. Permits Required. Table 23.302-2 Permit Requirements for Outdoor Uses shows permits required for uses outside of a building in the Commercial and Manufacturing Districts. Table 23.302-2. Permit Requirements for Outdoor Uses DISTRICT/USE CHARACTERISTICS [1] PERMIT REQUIRED

   All Commercial Districts Except for C-W

   Not abutting a residential district AUP

   Abutting a residential district UP(PH)

   C-W

   Table 23.302-2. Permit Requirements for Outdoor Uses

   DISTRICT/USE CHARACTERISTICS [1] PERMIT REQUIRED

   Not abutting a residential district and less than AUP 10,000 s. ft.

   Abutting a residential district UP(PH)

   10,000 sq. ft. or more UP(PH)

   M, MM, M-RD [2]

   Less than 20,000 sq. ft. ZC

   20,000 sq. ft. or more AUP

   MU-LI

   Less than 20,000 sq. ft. ZC

   20,000 to 30,000 sq. ft. AUP

   More than 30,000 sq. ft. UP(PH)

   MU-R

   Not abutting a residential district AUP

   Abutting a residential district UP(PH)

   Notes:

   [1] Size is measured as the lot area of the outdoor activity or storage.

   [2] In the M,MM, and M-RD districts, permits are required only for activity or storage not ancillary to a

   permitted use.

   4. C-W District. In the C-W district, uses outside of a building must be permitted or incidental to permitted use in the district.

   5. M, MM, MU-LI Districts. Outside uses in the M, MM, and MU-LI districts may not abut a residential district.

E. Microbes or Biological Agents. Use of microbes, biological agents, or similar organisms classified as Biosafety Level 3 (BSL-3) or 4 (BSL-4) by the US Centers for Disease Control and Prevention are not permitted in any Zoning District, in association with any land use. (Ord. 7981-NS § 6, 2025; Ord. 7957-NS § 9, 2025; Ord. 7945-NS § 7, 2024; Ord. 7898-NS §§ 14, 15, 2024; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Permitted By Right.

1. Temporary Uses. The following temporary uses are permitted by right:

(a) Using a dwelling, school, church, community center, or other facility as a polling or voting place for
an election conducted by the City or other government agency.

(b) Conducting a garage, yard, or rummage sale on a residential property or a block sale of several
properties. A sale may not exceed two days and is limited to one sale in any month’s period of time.

(c) Temporary sidewalk sales conducted adjacent to, and in conjunction with, an approved commercial
retail lease space, when all other City regulations are met.

(d) The use of a property as temporary parking during football games in the University of California
Memorial Stadium under the provisions of Ordinance No. 2435-N.S.

(e) A temporary retail use where:

i. The temporary sales are on the same property with an established commercial business
holding a valid City business license; and

ii. The temporary sales conform with the approved permit for the commercial business.

2. Temporary Structures. The following accessory and temporary structures are permitted by right as long as
they do not change the character of, and are in keeping with the purposes of the district in which they are
located:

(a) Lines, wires, poles and devices to transmit electricity, telephone/telecommunications or cable
television, including pipelines, conduits and appurtenances to containing such wires and devices.
Allowed activities include installing, maintaining, undergrounding, and repairing such facilities. A Use
Permit or AUP is required for wireless telecommunication antennas other than those located within the
public right-of-way.

(b) Pipelines or conduits and appurtenances to transport oil, gas, sewage or water.

(c) Temporary construction offices, scaffolding, utility connections, on-site construction material yards
and/or debris containers for not more than the time period authorized in a valid building permit.

B. AUP Required.

1. When Required. An AUP is required to establish, maintain, or operate a temporary use or structure not
identified in Subsection A (Permitted By Right) above.

2. Scope of Approval. An AUP for a temporary use or structure applies only to the circumstances of the
temporary use or structure existing at the time the application is granted.

3. Seasonal Product Sales. Temporary seasonal product sales activity may not exceed a 45-day period and

may not be established in any Residential district.

4. Time Period.

(a) The AUP shall specify the time period for the temporary use or structure, including a required ending date.

(b) A time extension is not allowed unless approved by the Zoning Officer.

5. Findings. To approve the AUP, the Zoning Officer must make the findings in Section 23.406.030.F--
Administrative Use Permits (Findings for Approval). When making this finding, the Zoning Officer shall
consider whether the temporary nature of the use or structure will make it not detrimental.

6. Appeals.

(a) An AUP decision for seasonal product sales of pumpkins and Christmas trees, including the
temporary use of a structure for an office, may not be appealed.

(b) All other AUP decisions for a temporary uses and structures may be appealed as provided in
Chapter 23.410--Appeals and Certifications.

C. Violations. Permits for temporary uses may be revoked for non-compliance with any conditions of approval and the Zoning Officer may issue an immediate cease and desist order.

D. Temporary Outdoor Uses on Private Property--COVID-19 Local Emergency.

1. Applicability.

(a) This subsection is valid during and up to 90 days after a locally-declared state of emergency related
to COVID 19.

(b) An eligible business must:

i. Have a valid City of Berkeley Business License;

ii. Be located on private property in one of the following districts:

(1) Any commercial zoning district; or

(2) The Manufacturing (M) District, the Mixed Manufacturing (MM) district, or the Mixed-Use
Light Industrial (MU-LI) district; and

iii. Be authorized by the Governor’s Executive Orders and Public Health Orders and the Public
Health Orders of the City Health Officer, include appendices, to conduct outdoor business.

(c) The following businesses are not covered by this subsection:

i. Delivery-Only (Cannabis) Retailers.

ii. Liquor Stores/Wine Shops.

iii. Adult-Oriented Businesses.

iv. Smoke Shops.

v. Firearm/Munitions Businesses.

2. Definitions. The definitions below shall govern the meaning of the terms as used in this subsection.

(a) Temporary Outdoor Use. An allowable temporary use on private property conducted by a legally-
established business in the same zoning district as it currently operates. A Temporary Outdoor Use may
be conducted:

i. On private property at the address listed on a business’s City of Berkeley Business License;

ii. On private property at an address other than that listed on a business’s City of Berkeley Business License if the property is used solely for commercial purposes, is a vacant lot, or is a vacant building; or

iii. As a new stand-alone outdoor business, subject to obtaining a City of Berkeley Business
License for the temporary location.

(b) Temporary Fixtures and Structures. Physical equipment necessary to safely conduct business
outdoors.

3. Zoning Certificate.

(a) An eligible business may conduct business outdoors as a Temporary Outdoor Use with a Zoning
Certificate and compliance with 23.302.030.D.4 (Operating Standards).

(b) An application for a Zoning Certificate must be accompanied by a site plan, business description
and operational plan that certifies compliance with23.302.030.D.4 (Operating Standards). The site plan
must include any proposed Temporary Fixtures and Structures.

(c) The operator of a Temporary Outdoor Use must have the written permission of the property owner.

(d) Permits issued pursuant to this subsection must be posted in plain view within the commercial
establishment for which the permit has been issued.

4. Operating Standards.

(a) A business must comply with State and local regulations for normal business operations, including
previously-imposed conditions of approval related to hours of operation and other conditions of
approval not in conflict with the allowances in this subsection, in addition to State regulations for
outdoor operations.

(b) A business must follow the Governor’s Executive Orders, Public Health Orders, and the City of
Berkeley Public Health Orders, including Appendices.

(c) A business must comply with Americans with Disabilities Act (ADA) requirements and the Berkeley
Building Code.

(d) A Temporary Outdoor Use must maintain a 10-foot setback adjacent to any property in a residential
district.

(e) A Food Service Establishment with incidental beverage service must comply with all applicable
regulations of the California Department of Alcohol Beverage Control and obtain a COVID-19 temporary
catering authorization.

(f) Operating Hours for a Temporary Outdoor Use are limited to 9 a.m. to 9 p.m. Operating Hours
include the time that the business is open for customer access to the departure of the last patron.

i. Operating Hours limitations do not apply to delivery, maintenance, security, product
preparation and other pre-opening activities, and cleanup, shutdown and other post-closure
activities which do not involve the presence of customers.

(g) Temporary Outdoor Uses must be conducted in a manner that protects the residential character of surrounding neighborhoods from adverse impacts, including, but not limited to, commercial noise and offensive odors.

(h) Smoking is prohibited in areas designated for Temporary Outdoor Uses (BMC Section 12.70.030).

(i) Temporary outdoor lighting fixtures must be oriented in a manner to direct light away from
adjacent parcels.

5. Sanitation.

(a) A business must provide garbage, recycling and compost services in accordance with the Alameda
County Mandatory Recycling Ordinance.

(b) A Food Service Establishment must provide restrooms and sanitation during hours of operation.

(c) A Food Service Establishment must comply with BMC Ch. 11.64 (Single Use Foodware and Litter
Reduction).

6. Existing Parking and Loading. Non-residential parking and loading requirements on private property are
temporarily suspended if a Temporary Outdoor Use displaces areas designated for these purposes.

7. Temporary Fixtures and Structures.

(a) Movable fixtures such as tables and chairs, umbrellas, heaters, generators, trucks or trailers must
be stored in a secure place on private property when not in use.

(b) Fixed structures, such as semi-permanent tents, shipping containers, portable sinks and toilets,
must occupy no more than 50% of the outdoor space dedicated to a Temporary Outdoor Use, in order to
allow for social distancing.

(c) The location, type and operation of Temporary Fixtures and Structures must comply with
requirement of, and be inspected by, the Building and Safety Division, Health Department, Fire
Department, Police Department and/or Public Works Department, as applicable.

8. Safety.

(a) If a Temporary Outdoor Use is located within an active parking lot, a business must provide
temporary barriers to separate vehicle traffic from pedestrians and commercial activity.

(b) If a Temporary Outdoor Use fully occupies a parking lot, a business must provide temporary
barriers to prevent vehicle traffic from entering the parking lot.

9. Remedies.

(a) A Zoning Certificate for a Temporary Outdoor Use may be revoked for non-compliance with any
conditions in this subsection, and the Zoning Officer may issue a cease and desist order immediately.

(b) A Temporary Outdoor Use that meets the nuisance criteria set forth in 23.414.040.B (Nuisances
Prohibited) is subject to abatement, as set forth in 23.414 (Nuisance Abatement). (Ord. 7830-NS § 6,
2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Permits Required. Table 23.302-4 shows permits required for home occupations.

Table 23.302-4. Permit Requirements for Home Occupations

Home Occupation Permit Required

Class I ZC

Class II AUP

In the Hillside Overlay Not Permitted

ES-R District Not Permitted

Class III

All Commercial Districts and MU-R District UP (PH)

All other Districts, and in the Hillside Overlay Not Permitted

1. Additional Findings -- Class II and Class III Home Occupations. To approve an AUP for a Class II home
occupation or a Use Permit for a Class III home occupation, the Zoning Officer or the ZAB must make the
permit findings in Section 23.406 (Specific Permit Requirements) and find that, based on the circumstances of
the specific use and property:

(a) The degree of customer visits will not cause a significant detrimental impact on the availability of
parking spaces in the immediate vicinity of the home occupation; and

(b) The degree of shipping and delivery activity to and from the subject residence will be compatible
with surrounding residential uses and will not cause a significant detrimental impact on pedestrian and
bicyclist safety or the availability of parking spaces in the immediate vicinity of the home occupation; and

(c) If the proposed home occupation will require a loading space on a regular basis, such loading space
will be available on the subject property or the use of an on-street loading space will not cause a
significant detrimental impact on pedestrian and bicyclist safety or the availability of parking spaces in
the immediate vicinity of the home occupation; and

(d) The degree of customer visits and shipping and delivery activities shall not cause a detrimental
impact to public safety, as determined by the Fire Marshall.

B. General Provisions.

1. Where Allowed. A home occupation is allowed in any dwelling unit, accessory dwelling unit, accessory
building, or group living accommodation room.

2. Incidental Use. A home occupation in compliance with this section is considered a lawful incidental use of
a primary residence and is not considered a change of use thereof.

C. Standards for All Home Occupations. The following standard apply to all home occupations.

1. A home occupation is allowed as an incidental use within a dwelling unit, accessory dwelling units, accessory building, or group living accommodation room.

2. No firearm/munitions business may operate as a home occupation.

3. Customer visits are not allowed in the ES-R district.

   4. A Home Occupation may occupy no more than the greater of: 400 square feet or 20 percent of the gross floor area of the dwelling unit, accessory dwelling units, accessory building, or group living accommodation room from which it operates.

   5. Only residents of the subject dwelling unit, accessory dwelling units, accessory building, or group living accommodation room, who live in the unit or room full-time, may operate a home occupation business.

   6. Customer visits may occur only between the hours of 10am and 8pm.

   7. Storage, services, repairs and other business activities, other than permitted arrival and departure of customers and goods in transit, may not be conducted outdoors.

   8. A home occupation shall not involve hazardous materials or waste as defined by Municipal Code Section 15.08.060 (Hazardous Materials or Waste), or any other materials or waste that is deemed by the Hazardous Material Manager (or their designee or successor) to be inappropriate or unsafe in a residential setting.

   9. A home occupation shall not create offensive or objectionable noise, vibration, odors, smoke, heat, dirt, electrical or other disturbance perceptible by the average person beyond the unit in which the home occupation is permitted.

   10. No on-site signs identifying or advertising the home occupation are allowed.

   11. The operator of a Home Occupation shall pay gross receipts tax pursuant to the City’s business license tax ordinance in Municipal Code Chapter 9.04 (Business Licenses).

   12. A lessee in possession of a property may apply for a permit without the property owner’s signature; however, home occupations are not exempt from conditions in rental and lease agreements which may limit or prohibit home occupations.

D. Complaints and Imposition of Conditions.

1. General. Home occupations are subject to review, the imposition of conditions, or revocation. Violations

may be addressed by issuing an administrative citation pursuant to Chapter 1.28.

2. Class I and Class II Home Occupations. The Zoning Officer shall review documented complaints, business
operations, and other factors when reviewing Class I and Class II home occupations, and may impose
conditions as may be necessary to prevent detrimental effects, or may revoke the permit if adequate
conditions of approval are not available.

3. Class III Home Occupations. The ZAB shall review documented complaints, business operations, and other
factors when reviewing Class III home occupations and may impose conditions as may be necessary to
prevent detrimental effects, or may revoke the permit if adequate conditions of approval are not available.
(Ord. 7810-NS § 10, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Section Purpose.

1. The purpose of this section is to sanction the time-limited continued operation of bed and breakfast
establishments (B&Bs) in residential districts that meet the requirements in this section.

2. This section is intended solely to alleviate the hardship that might occur if the owners of B&Bs were
required to cease operation immediately, as would otherwise be required by the Zoning Ordinance.

3. The purpose of this section is not to permanently legalize such B&Bs.

B. Continued Operation.

1. Eligibility. B&Bs in operation in Berkeley as of December 13, 2003 are eligible for continued operation
subject to this section if, and only so long as, they satisfy the following conditions:

(a) The B&B has been in consistent operation since January 1, 2003.

(b) The building or buildings of which the B&B consists are legally constructed and comply with all
applicable building, fire and housing code requirements, or are brought into compliance with those
requirements within a reasonable time, as determined by the City.

(c) The B&B complies with all laws related to food service and food handling.

(d) There is no City record of complaints about the B&B within the three years before January 1, 2003.

2. Application. To be granted continued operation under this section, owners of eligible B&Bs must:

(a) Apply for continued operation no later than 90 days after November 13, 2003;

(b) Identify all owners and operators of the B&B; and

(c) Pay all transient occupancy and business license taxes, penalties and interest due and owing, as
determined by the City Council.

C. Regulations. B&Bs that are allowed to continue in operation under Subsection B (Continued Operation) above shall comply with the following requirements.

1. The owner of the property on which the B&B is located must live there as their primary residence and must be the primary operator of the B&B.

2. No part of a B&B may be rented for social events or functions.

3. A B&B may not be expanded beyond the number of rooms or units in existence as of January 1, 2003.

4. Food service, if provided by the operator, may be provided only to paying guests.

5. A B&B shall comply with all applicable laws, ordinance and regulations concerning the preparation and service of food.

6. A B&B shall comply with all applicable disability access requirements.

7. A B&B shall pay all transient occupancy and business license taxes as they become due.

D. Determinations by City Manager.

1. The City Manager or his/her designee shall make the determinations required by this section, and their decision shall be final.

   2. The City Manager may give applicants under this section a reasonable period, but not to exceed six months, in which to bring the B&B into compliance with the requirements of Subsections B (Continued Operation) and C (Regulations).

E. Status of B&B Uses Under This Section.

1. Any continued operation allowed under this section does not constitute a permit and shall not run with the land, but is limited to the owner(s)/operator(s) thereof identified under Subsection B.2 (Application) and is subject to the requirements in this section.

2. A B&B sanctioned by this section shall be treated as a lawful nonconforming use, subject to automatic termination of the B&B use as provided in this section.

3. The owner shall file a deed restriction with the County Recorder, in a form approved by the City’s Zoning Officer, notifying purchasers of the effect of this section.

F. Future Regulations Applicable. By seeking and accepting continued operation under this section, and thereafter operating a B&B, owners of B&Bs expressly agree that they will be subject to any and all additional regulations that may be adopted by the City to permit and regulate new B&Bs, to the extent the City so requires.

G. Automatic Repeal. If the limitation of Subsection E (Status of B&B Uses Under This Section) above is declared unlawful or invalidated by any court of competent jurisdiction, this section shall be deemed automatically repealed, and all B&B uses sanctioned by it shall immediately terminate. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Section Purpose and Intent.

1. This section establishes a process to terminate an AUP previously issued for sidewalk cafe seating and
identifies new permits required for this use.

2. It is the intent of the City to discontinue issuance of new and terminate existing AUPs for sidewalk cafe
seating because the City did not intend to create a land use entitlement which ran with the land for this use,
which occurs on the public right-of-way. The City also intends to eliminate the discretionary aspect of permit
issuance for sidewalk cafe seating and to simplify the permit process by incorporating specific, identifiable
standards for issuance of permits.

B. Termination of AUPs for Sidewalk Cafe Seating.

1. Automatic Termination. Without any action required by the City, an AUP for sidewalk cafe seating
terminates upon:

(a) The abandonment, revocation, or termination of the food service establishment which the sidewalk
cafe seating serves;

(b) The replacement of the food service establishment with another use; or

(c) The transfer of ownership of the food service establishment.

2. Termination by Zoning Officer.

(a) After providing reasonable notice and an opportunity to be heard, the Zoning Officer may terminate
an AUP for sidewalk cafe seating upon determining that the permit holder has not complied with the
terms of the AUP or any applicable requirement of the Zoning Ordinance.

(b) A decision by the Zoning Officer to terminate an AUP for sidewalk cafe seating may be appealed in
accordance with Chapter 23.410 (Appeals and Certifications).

C. New Permit Required.

1. After an AUP for sidewalk cafe seating is terminated, the sidewalk cafe seating may continue or resume
only after the food service establishment obtains a permit under Municipal Code Chapter 14.48
(Miscellaneous Use of Streets and Sidewalks).

2. Any sidewalk cafe seating that does not obtain required permits is a prohibited encroachment under
Municipal Code Chapter 16.18 (Right-Of-Way Encroachments and Encroachment Permits). (Ord. 7787-NS § 2
(Exh. A), 2021)

A. Adult-Oriented Businesses.

1. General Limitations. An adult-oriented business may not be established:

(a) Within 300 feet of the boundary of a Residential District, as measured along the public right-of-way;

(b) Within a radius of 1,000 feet from any other adult-oriented business; or

(c) Within a radius of 600 feet of any public park, public health clinic, public library, school or religious
assembly use.

2. District Limitations. Adult-oriented businesses are not permitted:

(a) On lots with frontage on San Pablo Avenue in the C-W district; and

(b) On public-serving frontages in the C-DMU district.

B. Amusement Devices Arcade.

1. Incidental Use. Amusement Devices up to 25 percent of total net floor area of the primary use are allowed
as an incidental use with a Zoning Certificate. Amusement Devices are prohibited in the M Manufacturing
District and MM Mixed Manufacturing District.

C. Columbaria. Columbaria require the permits shown in Table 23.302-6.

Table 23.302-6. COLUMBARIA PERMIT REQUIREMENTS

PROJECT PERMIT REQUIRED

Columbaria that are incidental to a community and ZC institutional use, limited to 400 niches, no more than 5% of the subject property area, and located in the main building.

All other columbaria AUP

D. Firearms/Munitions Business. In all districts, a firearms/munition business is not permitted on a property containing a residential use.

E. Food Service Establishments.

1. Outdoor Cafe Seating.

(a) Outdoor cafe seating on private property outside of the public right-of-way is allowed in the
commercial districts with the following permits:

i. Zoning Certificate when seating does not abut a residential district.

ii. AUP when seating abuts a residential district.

(b) Outdoor cafe seating on private property outside of the public right-of-way is allowed in the MU-LI
and MU-R districts with an AUP.

(c) Sidewalk cafe seating within the public right-of-way is subject to 23.302.060 (Sidewalk Cafe Seating).

2. Building Openings--C-E and C-NS Districts. Food service establishments in the C-E and C-NS districts may
have no openings, other than fixed windows and required fire exits, within 50 feet of a residential district.

3. C-W District Requirements.

(a) Food service drive-through is not permitted on properties fronting San Pablo Avenue.

4. MU-LI, MU-R, and M-RD District--Findings.

(a) To approve an AUP or Use Permit to establish or expand a food service establishment in the MU-LI, MU-R, or M-RD district, the review authority must find that the establishment of the use, given its size, location, physical appearance and other relevant characteristics, will not have a significant detrimental impact on the industrial character of the area.

F. Non-Chartered Financial Institutions.

1. No more than four non-chartered financial institutions are permitted in the city.

2. Non-chartered financial institutions may not be located within a radius of 1,320 feet of another non-
chartered financial institutions.

G. Parking Lot/Structure.

1. Permits Required. Table 23.302-7 shows required permits for the exclusive or primary use of a lot for off-
street parking spaces.

Table 23.302-7. PERMIT REQUIREMENTS FOR PARKING LOTS/STRUCTURES

DISTRICT PERMIT REQUIRED

Residential Districts

R-3 Use Permit for all parking lots and structures. [1]

R-S, R-SMU, R-BMU Use Permit for parking structures only. Parking lots are not permitted,
except on lots between Acton Street and Virginia Gardens and between
Peralta Avenue and Northside Avenue in the R-BMU.

All other residential districts Use Permit for all parking lots and structures.

Commercial Districts

C-C, C-U Zoning Certificate for parking lots and structures with 5 spaces or fewer.
Use Permit for more than 5 spaces.

C-SO AUP for parking lots and structures with 5 spaces or fewer. Use Permit
for more than 5 spaces.

C-DMU AUP for parking lots with 8 spaces or fewer. Use Permit for all parking
structures. Lots with more than 8 spaces not permitted.

C-N, C-E, C-NS, C-SA Use Permit for all parking lots and structures.

C-T Use Permit for all parking structures. All parking lots not permitted.

C-W AUP for parking lots and structures with 10 spaces or fewer. Use Permit
for parking lots and structures with more than 10 spaces.

Table 23.302-7. PERMIT REQUIREMENTS FOR PARKING LOTS/STRUCTURES

DISTRICT PERMIT REQUIRED

Manufacturing Districts

M, MM AUP for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-LI, M-RD Zoning Certificate for parking lots and structures with 10 or fewer
spaces exclusively for uses in the district. AUP for parking lots and
structures with 11 spaces or more exclusively for uses in the district.
Use Permit for parking lots and structures with any number of spaces
not exclusively for uses in the district.

MU-R Zoning Certificate for parking lots and structures exclusively for uses in
the district. Use Permit for parking lots and structures not exclusively for
uses in the district.

Notes:

[1] Parking lots and structures in the R-3 district are not permitted within the Southside Plan area

2. Residential District Standards. See 23.322.110--Parking Lots in Residential Districts for standards that apply
to the exclusive or primary use of a lot for off-street parking spaces in a residential district.

H. Residential Use, Ground-Floor Units.

1. Southside Plan Area. In the R-3, R-S, R-SMU, and C-T districts within the Southside Plan boundaries,
individual unit entries located within six feet of the front property line shall be at least 18 inches above the
finished grade of the adjacent public frontage.

I. Senior Congregate Housing. Table 23.302-8 shows permits required for senior congregate housing.

Table 23.302-8. PERMIT REQUIREMENTS FOR SENIOR CONGREGATE HOUSING

PROJECT PERMIT REQUIRED

Change of use from an existing dwelling unit to ZC accommodate six or fewer people

Change of use from an existing dwelling unit to AUP accommodate seven or more people

New construction to accommodate any number of UP(PH) people

J. Supportive Housing.

1. Permits Required. Supportive housing shall be allowed by right in zones where multifamily and mixed
uses are permitted, if the proposed housing development satisfies requirements pursuant to Government
Code Section 65651(a).

K. Smoke Shops. In all districts, smoke shops are not permitted within 1,400 feet of a school or public park.

L. Warehouse Storage for Retail Use.

1. In all districts where retail uses are allowed, on-site storage of goods is allowed as an accessory use to a
primary retail use on the lot.

2. The storage of goods for a contiguous and directly accessible retail space is allowed in the MU-LI and MU-R districts subject to the following:

   (a) An AUP is required for storage 3,000 square feet or less; a Use Permit is required for storage more

   than 3,000 square feet.

   (b) Except for food product stores in the MU-LI district, the storage is permitted only for uses within the district. Storage for retail uses wholly or partially outside the district is not permitted.

M. Housing Element Opportunity Sites. Pursuant to Government Code Section 65583.2(c), a non-vacant site that has been identified as a housing opportunity site in a prior housing element and a vacant site that has been included in two (2) or more consecutive housing element planning periods shall be allowed residential use by right (with approval of a building permit) for housing developments in which at least twenty percent (20%) of the units are affordable to lower income households. Pursuant to Government Code Section 65583.2(i), the development shall comply with all objective development standards and a proposed subdivision of the property shall be subject to all laws, including, but not limited to, city ordinances implementing the Subdivision Map Act. If applicable, such projects shall be subject to staff-level design review pursuant to BMC Section 23.406.070(C)(2)(d). (Ord. 8000-NS § 2, 2026; Ord. 7957-NS §§ 10, 11, 2025; Ord. 7955-NS § 18, 2025; Ord. 7898-NS §§ 16, 17, 2024; Ord. 7890-NS § 33, 2023; Ord. 7882-NS § 13, 2023; Ord. 7838-NS § 1, 2022; Ord. 7830-NS § 7, 2022; Ord. 7815-NS §§ 6, 7, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)