Chapter 23.304 — GENERAL DEVELOPMENT STANDARDS

Sections:

23.304.050 Building Height. 23.304.060 Accessory Buildings and Enclosed Accessory Structures. 23.304.070 Unenclosed Accessory Structures in All Districts. 23.304.080 Fences. 23.304.090 Usable Open Space. 23.304.100 Site Features in Residential Districts. 23.304.110 Dormers. 23.304.120 Lot Coverage. 23.304.130 Non-Residential Districts Abutting a Residential District. 23.304.140 Area Plans. 23.304.150 Bird Safe Building. 23.304.160 Middle Housing Infill Project Standards.

This chapter contains development standards that apply generally in Berkeley. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. All Districts.

1. Lot Changes. A lot may not be subdivided or reduced in size and a lot line may not be adjusted or
redrawn in a manner that conflicts with the Zoning Ordinance or:

(a) Reduces the lot area, lot width, or lot depth below the district minimum requirement;

(b) Reduces the area per dwelling unit, area for off-street parking spaces, or usable open space area
below the district minimum requirement;

(c) Reduces the setback or driveway dimension below minimum district requirements for any existing
building; or

(d) Creates a building site where setbacks or driveways for a new building would require a Use Permit
or Variance.

2. Transactions Contrary to Minimum Lot Size Requirements. Any deed of conveyance, sale or contract to sell

made contrary to the minimum lot size requirements of the Zoning Ordinance is voidable at the sole option of the grantee, buyer or person contracting to buy, their heirs, personal representative or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale, or contract.

3. Front Lot Line Determination for Corner Lots. For the purpose of determining lot frontage and setback
requirements, the shorter of the two intersecting lot lines along the rights-of-way of a corner lot is considered
the front of the lot. For lots with equal frontage, or for irregularly shaped corner lots, the Zoning Officer shall
designate the front lot line in a manner to best promote the orderly development of the immediate area.

4. Condominium Lots. For condominium projects with a common area, all buildings and the common area
together are treated as a single lot for the purpose of calculating minimum lot size, setback, density, FAR,
coverage, usable open space and off-street parking requirements.

5. Parent Parcel (Middle Housing Infill Projects). For purposes of a Middle Housing Infill Project, zoning
development standards shall be applied to the parent parcel as a single lot at the time of subdivision
approval. Following subdivision, each newly created lot shall be deemed a separate lot for purposes of
ownership and subsequent development. Compliance with zoning development standards shall be
determined based on the parent parcel at the time of subdivision approval, except that subsequently
adopted regulations that are less restrictive shall apply.

6. Projections Over Lot Lines. A building or structure may not project over a lot line except that:

(a) Awnings and other architectural features may project over a lot line into the public right-of-way; and

(b) Fences may be erected on shared lot lines.

B. Residential Districts.

1. Lot Line Designations for Flag and Irregular Lots. The Zoning Officer shall designate the front, side, and rear lot line for flag lots and irregular interior lots in a manner to best protect light, air, and privacy. (Ord. 8002-NS § 11, 2026; Ord. 7787-NS § 2 (Exh. A), 2021)

A. All Districts. A building or structure may not project into a required setback area except as specifically permitted by the Zoning Ordinance.

B. Residential Districts.

1. Corner Lots with a Rear Lot Line Abutting a Key Lot. For corner lots in the R-1, R-2 and R-2A districts with a
rear lot line abutting a key lot, the minimum street side setback is either:

(a) One-half the front setback required or existing on the key lot, whichever is less; or

(b) Four feet if the corner lot maintains 50 feet or more rear setback.

2. Setback Reductions. Lot line setback reductions are only permitted as shown in Table 23.304-1. Otherwise,
they are not permitted.

Table 23.304-1. ALLOWED SETBACK REDUCTIONS IN RESIDENTIAL DISTRICTS

MINIMUM REQUIRED
DISTRICT WHERE REQUIRED
WHEN ALLOWED SETBACK WITH ADDITIONAL
ALLOWED PERMIT
REDUCTION FINDINGS [1]

Front Setback Reductions

The reduced
setback is: 1)
necessary to allow
economic use of
property due to
the size, shape of
ES-R On any lot No minimum. UP(PH) [2]
the lot or the
topography of the
site; and 2)
consistent with the
ES-R district
purpose.

Rear Setback Reductions

The reduced setback is: 1) necessary to allow economic use of property due to the size, shape of ES-R [3] On any lot No minimum UP(PH) [2] the lot or the topography of the site; and 2) consistent with the ES-R district purpose.

On a lot less than 20% of lot depth
R-1 ZC None
100 ft. deep [4]

On a lot with two
R-2, R-2A, R-3, R-4, or more main No additional
No minimum AUP
R-5 [4] buildings with findings
dwelling units

Table 23.304-1. ALLOWED SETBACK REDUCTIONS IN RESIDENTIAL DISTRICTS

MINIMUM REQUIRED
DISTRICT WHERE REQUIRED
WHEN ALLOWED SETBACK WITH ADDITIONAL
ALLOWED PERMIT
REDUCTION FINDINGS [1]

Side Setback Reductions

The reduced setback is: 1) necessary to allow economic use of property due to the size, shape of ES-R [3] Any lot No minimum UP(PH) [2] the lot or the topography of the site; and 2) consistent with the ES-R district purpose.

10% of lot width or
Lot width less than
R-1, R-2, R-2A 3 ft., whichever is ZC None
40 ft.
greater

First and second
stories: 10% of lot
Lot width less than width or 3 ft.,
R-2H, R-2AH ZC None
40 ft. whichever is
greater; Third
story: 4 ft.

Notes:

[1] Findings are in addition to any AUP or Use Permit findings required in 23.406--Specific Permit
Requirements.

[2] Fire Department must review and approve reduced setbacks in respect to fire safety.

[3] For lots less than 5,000 square feet, reductions are not allowed for property lines abutting a
property under different ownership.

[4] The resulting rear setback becomes the total setback required for the front and rear to add up to.
Front and rear setbacks may not be less than 5 ft.

[5] Parcels located within the R-3 district within the Southside Plan boundaries are exempt from this
section.

3. Allowed Building Projections. Table 23.304-2 shows building features which may project into a required
setback. All projecting features must maintain a minimum 3-foot distance from an interior side lot line.

Table 23.304-2. ALLOWED BUILDING PROJECTIONS

MAXIMUM PROJECTION INTO REQUIRED SETBACK (MUST
MAINTAIN 3 FT MINIMUM FROM INTERIOR SIDE LOT LINE)
BUILDING FEATURE
INTERIOR
FRONT REAR STREET SIDE
SIDE

Chimneys, Water Heater Enclosures, 2.5 ft. 2.5 ft. 1.5 ft. 2.5 ft.
Flues, Heating and Cooling Equipment

Eaves, Cornices, Canopies, Awnings 2.5 ft. 2.5 ft. 1.5 ft. 2.5 ft.
and Bay Windows [1]

Uncovered decks, porches, landings, 6 ft. 6 ft. 1.5 ft. 2.5 ft.
ramps and stairs when 30 inches or
more above grade at any point [2]

Balconies and fire escapes [1] 6 ft. 6 ft. 1.5 ft. 2.5 ft.

Notes:

[1] Projecting bay windows and balconies may not exceed 25% of the length of building wall to which
its attached.

[2] Uncovered decks, porches, landings and stairs less than 30 inches in height (not including railings)
are not subject to minimum setback requirements.

4. Accessibility for Persons with Disabilities. Wheelchair ramps, lifts, and other structures to accommodate
persons with disabilities that are less than 30 inches above grade (not including railings) are not subject to

minimum setback requirements. Any accessibility feature with a height above grade of 30 inches or more (not including railings) may project into a required setback area with approval of a reasonable accommodation request. See Section 23.406.090 (Reasonable Accommodation). Preferred designs would comply with the following:

(a) One side yard with a pedestrian pathway of at least 3 feet in width that provides access to the rear
yard shall be maintained on the lot. A public sidewalk that provides access to the rear yard would also
meet this requirement, and

(b) The projection may not block access to or encroach into any required off-street parking space or
driveway leading to such space unless there is no other feasible location for the accessibility feature.

5. Building Groups. Where two or more main buildings are constructed as part of a single project, the Zoning
Officer may approve an AUP to reduce the minimum side setback requirement if:

(a) Each building is constructed on a separate contiguous lot; and

(b) Each building satisfies the requirements of the Berkeley Fire Code and Berkeley Building Code.

6. Subterranean Structures.

(a) A subterranean structure may project into required front, side, and rear setbacks if:

i. The structure has a roof;

ii. The roof elevation does not exceed 3 feet above finished grade; and

iii. The roof is landscaped and developed so as to qualify as usable open space in conformance
with 23.304.090 (Usable Open Space).

iv. A subterranean structure that projects into a required setback must be setback at least 6 feet
from the front, side, and rear lot lines.

7. Solar Energy Equipment. The Zoning Officer may approve an AUP for solar energy equipment to project
into a required setback upon finding that:

(a) The projection is necessary to install the solar energy equipment;

(b) The proposed structures and equipment are installed with the primary purpose to collect, store,
and use solar energy.

C. Non-Residential Districts.

1. Single-Use Residential Development. Allowed setback reductions and projections in 23.304.030.B
(Residential Districts) also apply to single-use residential development in a Non-Residential District.

2. Lots Adjacent to Residential Districts.

(a) Standards. Table 23.304-3 shows minimum setbacks on lots in a Non-Residential District that abut or
confront one or more lots in a Residential District. Required setbacks apply to structures occupied by any
use, including residential-only buildings.

Table 23.304-3. SETBACKS ADJACENT TO RESIDENTIAL DISTRICTS
Minimum Lot Line Setback when Lot Line Abuts or Confronts a Lot in a
District Residential District
Front Rear Interior Side Street Side

C-C, C-U, C-N, C-E, Same as required Same as required
10 feet or 10% of
C-NS, C-SA, C-SO, in adjacent in adjacent
the lot depth, 5 ft.
C-DMU, C-W, C-AC, Residential District Residential District
whichever is less
MU-LI [1] [1]

Table 23.304-3. SETBACKS ADJACENT TO RESIDENTIAL DISTRICTS
Minimum Lot Line Setback when Lot Line Abuts or Confronts a Lot in a
District Residential District
Front Rear Interior Side Street Side

C-T No minimum 5 ft. 4 ft.

MU-R 10 ft. [1] 10 feet or 10% of the lot width, whichever is less [2]

Notes:

[1] In the MU-LI and MU-R districts, setback may be reduced to the smaller of front setbacks on
abutting lot with an AUP.

[2] This applies to lots that abut or confront a lot either in a Residential District or containing one
or more dwelling units.

(b) Modifications in Commercial Districts. For lots in a Commercial District that abut or confront one or
more lots in a Residential District, the Zoning Adjustments Board (ZAB) may approve a Use Permit to
allow setbacks smaller than required in Table 23.304-3 upon finding that the reduced setback would
provide greater privacy or improved amenities to a lot in the Residential District. (Ord. 7978-NS §§ 40, 41,
2025; Ord. 7890-NS §§ 34, 35, 2023; Ord. 7882-NS §§ 14, 15, 2023; Ord. 7835-NS §§ 6, 8, 2022; Ord.
7787-NS § 2 (Exh. A), 2021)

A. Table 23.304-4 shows permits required to reduce to minimum building separation standards in Residential Districts, and when these reductions are allowed.

Table 23.304-4. PERMITS REQUIRED FOR BUILDING SEPARATION REDUCTIONS IN
RESIDENTIAL DISTRICTS

DISTRICT WHERE
WHEN ALLOWED PERMIT REQUIRED FINDINGS [1]
ALLOWED

R-2, R-2A, R-3[2], On a lot with two or AUP No additional findings
R-4, R-5 more main buildings
with a dwelling unit

ES-R [3] Any lot UP(PH) 1) The reduced building
separation is necessary to allow
economic use of property for
residential purposes; 2) the
development complies with all

Table 23.304-4. PERMITS REQUIRED FOR BUILDING SEPARATION REDUCTIONS IN
RESIDENTIAL DISTRICTS

DISTRICT WHERE
WHEN ALLOWED PERMIT REQUIRED FINDINGS [1]
ALLOWED

other applicable setback,
coverage, and floor
requirements; and 3) the reduced
building separation is consistent
with the ES-R district purpose.

Notes:

[1] Findings in addition to AUP or Use Permit findings required in Chapter 23.406.

[2] Parcels located within the R-3 district within the Southside Plan boundaries are exempt from this section.

[3] Fire Department must review and approve reduced setbacks in respect to fire safety.

(Ord. 7978-NS § 42, 2025; Ord. 7890-NS § 36, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Projections Above Height Limits. Table 23.304 5 shows features that may project above allowed height limits. For rules that apply to wireless telecommunication facilities, see Chapter 23.332 (Wireless Telecommunication Facilities).

None None None AUP Permit Required

floor No as used be stories. commercial additional average mechanical Districts limitations may No the any the building Non-Residential building’s None None of for or than the in 15% structure of the LIMIT Limitations ft. 3 [1] of space other exceed all similar needs of or HEIGHT Districts width not Residential Maximum area habitable purpose, May tower ABOVE Height maximum Districts PROJECTIONS Above No Non-Residential Limit maximum maximum maximum ALLOWED [1] the No Projection No No the height by Code or ft. Districts 4 23.304-5. Residential Maximum minimum required Building Table air the rooms other and pipes Height for mechanical and telephone, energy roof vents, to, used messages structures heating Above features, equipment turrets solar poles other Limit tanks,

equipment turrets solar poles other Limit tanks,

equipment turrets solar poles other Limit tanks, site limited electricity, or similar Allowed mechanical and of equipment, not elevator domes, elements and skylights, water but antennas, television building poles, necessary cupolas, Structures Towers, transmission cable Flag equipment, Chimneys, conditioning and appurtenances Other including penthouses, and architectural

Notes:

[1] May exceed allowed height and width with an AUP.

B. Rooftop Structures in Residential Districts. Decks, railings, trellises, pergolas, and other similar structures may be built above a roof but less than the residential addition height limit of the district. These structures may exceed the residential addition height limit with an AUP.

C. Parapets Allowed Above Height Limit. Parapets may exceed the height limit by up to five feet as of right in the following districts:

1. The R-3, R-S, R-SMU, and C-T districts located within the Southside Plan boundaries.

2. The C-DMU district (see Section 23.204.130(E)(1)(b)).

   3. The R-BMU district (see Section 23.202.150(F)).

   4. The C-AC district (see Section 23.204.150(E)(4)). (Ord. 7890-NS § 37, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Applicability. This section applies to accessory buildings and enclosed accessory structures as defined in 23.502 (Glossary). See Section 23.304.070 (Unenclosed Accessory Structures in Residential Districts) and Section 23.304.080 (Fences) and for requirements that apply to other unenclosed accessory structures and fences.

B. All Districts.

1. Attached or Close to Main Building. An accessory building or enclosed accessory structure, other than a
subterranean structure, that is attached to or within 3 feet of a wall of a main building, is considered a part of
the main building for the purposes of setback requirements.

2. Demolition. See 23.326.030.C (Accessory Buildings) and 23.326.070.B (Accessory Buildings) for permits
required to demolish accessory buildings.

C. Residential Districts.

1. Permits Required. Table 23.304-6 shows permits required for accessory buildings and accessory
structures in Residential Districts.

Table 23.304-6. Permit Requirements for Accessory Buildings and
Enclosed Accessory Structures

District Location and Building/Structure Type Permit Required

All Residential Districts Except ES-R

New accessory buildings AUP

Alterations to existing accessory buildings ZC

Enclosed accessory structures on a lot with a main building ZC

Enclosed accessory structures on a vacant lot without a main AUP
building

Horse stables AUP [1]

Accessory buildings and structures with Urban Agriculture ZC

ES-R District

Under 100 sq. ft. ZC

100 sq. ft. or more UP(PH)

On a vacant lot without a main building UP(PH)

Notes:

[1] Horse stables are not permitted in the R-S and R-SMU districts

2. Development and Use Standards.

(a) Development Standards. Table 23.304-7 shows development standards for accessory buildings and
enclosed accessory structures in Residential Districts.

Table 23.304-7. Accessory Building and Enclosed Accessory Structure
Standards in Residential Districts

Building/Structure Feature Standards

Average Height, Maximum

Less than 4 ft. from lot line 10 ft.

4 ft. to less than 10 ft. from lot line 12 ft.

10 ft. or more from lot line 24 ft.

Table 23.304-7. Accessory Building and Enclosed Accessory Structure
Standards in Residential Districts

Building/Structure Feature Standards

Setbacks, Minimum

Front of Interior Lot 50% of lot depth

Front of Through Lot 25% of lot depth

Front of Corner Lot The setback existing or required on the adjacent
lot, whichever is smaller, and the existing setback
of main building on the lot

Street Side, Corner Lot The existing setback of main building on the lot

Interior Side 4 ft. for building/structures within 75 feet of front
lot line; as required by Berkeley Building Code for
buildings/structures 75 feet or more from front
lot line

Edge of Alley 5 ft.

Building Length [1] 24 ft.

Notes:

[1] Applies to building walls generally parallel to a side lot line.

(b) Deviation from Standards.

i. In all Residential Districts except for the ES-R district, the Zoning Officer may approve an AUP to
allow an accessory building or enclosed accessory structure to deviate from the standards in Table
23.304-7. In the ES-R district, deviations require ZAB approval of a Use Permit.

ii. To approve the deviation, the review authority must find that the proposed building or
structure will not be detrimental to the light, air, privacy, and view of adjacent properties.

(c) Bathroom and Kitchen Facilities. An accessory building may contain a full bathroom, including
handwashing sink, toilet, and tub or shower, as well as cooking facilities, as long as the cooking facilities
do not constitute a kitchen.

(d) Rentals. An accessory building may be rented only as a short-term rental as allowed in Section
23.314--Short-Term Rentals.

3. Rebuilding and Replacement.

(a) Notwithstanding the setback standards in this section and the coverage area standards in Chapter 23.202--Residential Districts, an accessory building or enclosed accessory structure may be constructed to replace a pre-existing lawful accessory building or enclosed accessory structure, if the replacement building or structure is in the same location and has the same or smaller footprint as the previous structure. However, any such replacement structure may not exceed the average height as the previous building or structure; otherwise an AUP is required.

(b) Such replacement buildings and structures are permitted as of right only if an application for a building permit for their construction is submitted at the same time as an application for a building permit for the demolition of the pre-existing building or structure.

(c) The demolition of any accessory building proposed for replacement under this section is subject to

Municipal Code Chapter 3.24 (Landmarks Preservation Commission)

D. Non-Residential Districts. The following requirements apply to accessory buildings and enclosed accessory structures in Non-Residential Districts.

1. Permits Required.

(a) Accessory buildings and enclosed accessory structures in a Non-Residential District require the
same permits as a main building in the district, except as provided in paragraphs (b) and (c) below.

(b) Accessory buildings and structures with urban agriculture are allowed with a Zoning Certificate.

(c) In a Commercial District, an accessory building or enclosed accessory structure associated with a
residential-only project requires the same permits as in all Residential Districts except ES-R as shown in
Table 23.304-7: Accessory Building and Enclosed Accessory Structure Standards in Residential Districts.

2. Development Standards.

(a) Accessory buildings and enclosed accessory structures must comply with the same development
standards that apply to main buildings in the district.

(b) A detached accessory building or enclosed accessory structure may not be erected or expanded
within 5 feet of an alley. (Ord. 7810-NS § 11, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Applicability. This section applies to unenclosed accessory structures as defined in 23.502--Glossary, excluding fences which are addressed in 23.304.080--Fences.

B. Placement on Lot. Unenclosed accessory structures require an AUP if placed on the ground within a required setback.

C. Height.

1. For unenclosed accessory structure within a required setback, allowed height shall be specified in the
AUP.

2. No height limitations apply to unenclosed accessory structures outside of required setbacks.

3. The height of an unenclosed accessory structure is measured as the vertical distance from the lowest
existing grade point within a 3-foot radius of any point of the structure to the highest point of the structure.

D. Hot Tubs, Jacuzzis, and Spas.

1. An unenclosed outdoor hot tub, jacuzzi, or spa located anywhere on a lot requires:

   (a) An AUP in all Districts except for the ES-R district; and

   (b) A Use Permit in the ES-R district.

2. Any pump associated with an unenclosed outdoor hot tub, jacuzzi, or spa shall be mounted and enclosed so that its sound is not audible on an adjacent lot. (Ord. 7981-NS § 7, 2025; Ord. 7787-NS § 2 (Exh. A),

A. Permits Required. Table 23.304-8 shows permits required for fences in all districts.

Table 23.304-8. PERMITS REQUIRED FOR FENCES

District Location and Fences Height/Location Permit Required

All Districts Except ES-R

6 ft. in height or less None required

More than 6 ft in height and on lot line or within required lot AUP
line setbacks for main building

ES-R District

4 ft. in height or less None required

More than 4 ft. in height and on lot line or within required lot AUP [1]
line setbacks for main building

Notes:

[1] Requires Fire Department review and comment.

B. Height Measurement. The height of a fence is measured as the vertical distance from the lowest existing grade point within a 3-foot radius of any point of the structure to the highest point of the structure.

C. Prohibited Materials in Residential Districts.

1. A fence in a Residential District may not contain strands of barbed or razor wire, sharp or jagged glass,
sharp or jagged metal components (e.g., razor-spikes), or similar materials.

2. Prohibited fence materials on an existing fence may not be expanded or repaired. Table 23.304-9 shows
the date by which existing non-conforming prohibited fence materials must be removed.

Table 23.304-9. REMOVAL OF PROHIBITED FENCE MATERIALS

ADJUSTED MARKET VALUE OF PROHIBITED FENCE
REQUIRED REMOVAL DATE
MATERIAL

$1,500 or less October 16, 2004 or within one year from the date
such feature became non-conforming, whichever
date is earlier

More than $1,500 October 16, 2005 or within one year from the date
such feature became non-conforming, whichever
date is earlier

3. For purposes of this section, the adjusted market value of the existing non-conforming prohibited fence
feature is calculated as follows:

(a) The "original cost" of the fence feature is the likely cost of substantially similar fence features at the
time the fence feature was initially installed plus the likely costs of installation at that time.

(b) The "original cost" is reduced by 10 percent for each year since the fence feature was installed, until
the year that this section became effective. This reduced cost is considered the "adjusted market value."

4. If a property owner shows that the period of time in Table 23.304-9 is unreasonable as applied to a

particular fence feature, the City may extend the period within which removal of such feature is required, after weighing the harm to the public interest from continued maintenance of the fence and other relevant factors. Any such determination will be made in the course of the proceedings to abate pursuant to Municipal Code Chapter 1.24 (Abatement of Nuisances).

D. Barbed or Razor Wire in Non-Residential Districts.

1. A fence adjacent to a street, sidewalk, path, or other public right-of-way in a Non-Residential District may have strands of barbed or razor wire if:

   (a) The lowest strand is more than 5 feet above the ground; and

   (b) The strands are at least 6 inches inside the property line of a privately-owned lot.

2. A fence on a lot line that abuts a Residential District must comply with 23.304.080.C--Fences (Prohibited Materials in Residential Districts).

E. MU-R District.

1. Abutting Residential Uses.

(a) If the side or rear of a lot in the MU-R district with a residential use abuts another lot with a
residential use, a fence over six feet in height must be setback at least either:

i. Eight feet from any main residential building on the abutting lot; or

ii. Four feet from the property line if the main residential building on the abutting lot is less than 4
feet from the abutting lot line.

(b) This requirement does not apply when two lots sharing the lot line are under the same ownership.

2. Manufacturing/Residential Buffers.

(a) If a development project in the MU-R district results in a lot with a manufacturing use abutting the
side or rear of a lot with a residential use, an 8-foot minimum fence with sound absorbent material is
required between the manufacturing and residential uses.

(b) The Zoning Officer may approve an AUP to allow for an alternative method to provide a buffer
between the manufacturing and residential uses. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Applicability. The standards in this section apply to areas used to satisfy minimum usable open space requirements.

1. Southside Plan Area Standards.

(a) For parcels located in the R-3, R-S, R-SMU, or C-T districts within the Southside Plan boundaries, the
minimum usable open space required is calculated on a per 1,000 square feet of gross residential floor
area basis.

(b) Certain development projects located in the R-3, R-S, R-SMU or C-T districts within the Southside
Plan boundaries may satisfy a portion of the required usable open space by providing residential
amenities that meet the qualifying criteria in Section 23.304,090(D) and (E).

2. Middle Housing Infill Project Standards.

(a) Middle Housing Infill Projects shall provide a minimum of 150 square feet of usable open space per
1,000 square feet of Gross Residential Floor Area, evaluated at the parent parcel level, which may be in private balconies, patios, or rooftop areas or shared courtyards, terraces, or rooftop assemblies
designed for use by all residents.

B. Standards.

1. Accessibility and Use. Usable open space shall be accessible to the occupants of the building for active or
passive recreation use.

2. Assignment to Unit. An area which is accessible and/or usable only by the occupants of a particular
dwelling unit may satisfy the usable open space area requirements only for that particular dwelling unit.

3. Minimum Dimensions. Except for balconies, a usable open space area must have a minimum width and
length of 10 feet.

4. Balconies.

(a) A maximum of 50 percent of the total required usable open space area may be satisfied by
balconies.

(b) A balcony must have a minimum width and length of 6 feet.

(c) At least one exterior side must be open and unobstructed except for required railings.

5. Uncovered. Except for balconies, usable open space shall be at least 75 percent open to the sky.

6. Slope. Usable open space must have a slope of 8 percent grade or less.

7. Landscaping.

(a) At least 40 percent of the total required usable open space area, exclusive of balconies above the
ground floor, shall be landscaped.

(b) A landscaped area may not include off-street parking spaces, driveways, paved walkways and paths,
patios and other surfaces covered by concrete or asphalt.

(c) For multiple dwelling uses, required landscaped areas shall incorporate automatic irrigation and
drainage facilities adequate to assure healthy growing conditions for plants.

8. Amenities. Usable open space which is not planted shall be developed to encourage outdoor active or passive recreational use and shall include such elements as decks, sports courts, outdoor seating, decorative paved areas and walkways which do not serve as entrance walkways.

   9. Access Features Not Included. Usable open space may not contain area designated for off-street parking and loading, service areas, driveways, required walkways or other features used for access to dwelling units.

C. Other Open Space Areas. Areas of the lot which do not qualify as usable open space and which are not designated as driveways, off-street parking spaces or required walkways, shall be retained as landscaped areas

D. Southside Plan Area Shared Indoor Residential Amenities. A development project located in the R-3, R-S, R-SMU or C-T districts may provide up to 50 percent of the total usable open space required through one or more of the following shared residential amenities. Each shared amenity space shall have a minimum width and length of 10 feet.

1. Gym/Health Club/Fitness Studio;

2. Multipurpose room; or

3. Pet wash room.

E. Southside Plan Area Pedestrian Amenities. A development project located in the R-3, R-S, R-SMU or C-T districts within the Southside Plan boundaries may provide pedestrian amenities located on private property in the space immediately adjacent to the building frontage.

1. Each square foot of pedestrian amenity space is counted as 1.5 square feet of usable open space.

2. Pedestrian amenities shall meet all of the following criteria:

(a) Has an average minimum depth of six feet, measured from the front property line;

(b) Does not contain enclosed structures;

(c) Provides pedestrian-scale lighting; and

(d) Is open to the sky, except for the following building encroachments:

i. Bay windows.

ii. Balconies.

iii. Galleries.

iv. Awnings/canopies.

v. Covered walkways. (Ord. 8002-NS § 12, 2026; Ord. 7890-NS § 38, 2023; Ord. 7835-NS § 7, 2022;
Ord. 7787-NS § 2 (Exh. A), 2021)

A. Applicability. The standards in this section apply in all Residential Districts.

B. Garbage Cans. All garbage cans shall be effectively screened from view from the public right-of-way and surrounding properties.

C. Utility Meters. For buildings with two or more units, all utility meters shall be effectively screened from view from the public right-of-way and surrounding properties.

D. Pedestrian Walkway for Multiple Dwellings.

1. All multi-unit dwellings shall have an unobstructed walkway for pedestrian access from the public right-
of-way to the building.

2. The required walkway shall be separated and physically protected from a driveway or off-street parking
spaces with a minimum 2-foot wide landscaped strip.

E. Exterior Lighting.

1. All exterior lighting shall be shielded and directed downward and away from lot lines to prevent
excessive glare beyond the property on which the light is located.

2. Lights on motion sensors may not be triggered by movement or activity located off the property on
which the light is located. (Ord. 8007-NS § 13, 2026; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Wall Setback. All features of a dormer shall be set back at least 3 feet from the exterior of the wall below, with the exception of the dormer’s eaves, which may project horizontally not more than two feet from the exterior face of the dormer.

B. Placement Below Roof. A dormer must be below the ridge of the portion of the building’s roof where the dormer is located.

C. Horizontal Dimension. The total horizontal dimension of the dormer(s) facing the side of a building, as measured parallel to that side, may not exceed 25 percent of the length of the exterior wall, as shown in Figure

D. Excluded from Average Height Calculation. Dormers complying with this section are not included in the average building height calculation.

Figure 23.304-1. DORMERS

(Ord. 7787-NS § 2 (Exh. A), 2021)

A. Maximum Requirement. A lot may not exceed the maximum lot coverage required in a district except as specifically permitted by the Zoning Ordinance.

B. Exception. Solar energy equipment and wheelchair ramps and lifts in compliance with the Zoning Ordinance may exceed the maximum allowed lot coverage. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Applicability. The standards in this section apply to lots in a Non-Residential District that abut or confront a lot in a Residential District.

B. Conflicting Provisions. If the standards in this section conflict with a standard in Chapters 23.202--23.210 (Zoning Districts), the Chapters 23.202--23.210 standard governs.

C. Standards.

1. Display Window Orientation. Display windows and customer entrances, other than required exits, shall not
face abutting lots in a Residential District.

2. Exterior Lighting. Exterior lighting shall be shielded in a manner which avoids direct glare onto abutting
lots in a Residential District.

3. Lot Line Screening. To provide screening, a solid wall or fence, measuring 6 feet in height from existing
grade, shall be erected at the lot line of an abutting lot in a Residential District.

4. Exhaust Air Ducts.

(a) Exhaust air ducts shall be located or oriented to direct vented air flows away from a Residential
District.

(b) Exhaust air ducts shall include equipment to mitigates odors.

D. Modifications. The ZAB may approve a Use Permit to reduce or waive the requirements of this section upon finding that requirement is unnecessary to minimize the effects of commercial uses on a lot in the Residential District. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Downtown Area Plan. Projects in the Downtown Area Plan boundaries are subject to the applicable mitigation measure in the adopted Mitigation Monitoring Program of the Downtown Area Plan Final EIR.

B. Southside Plan.

1. Mitigation Measures. Projects in the Southside Plan boundaries are subject to the applicable mitigation
measures in the adopted Mitigation Monitoring Program of the Southside Plan Final EIR.

2. Permit Findings. To approve an AUP or Use Permit for a project in the Southside Plan boundaries, the
review authority must find that the project complies with the Southside Plan’s adopted Mitigation Monitoring
Program (MMP).

C. West Berkeley Plan. Projects in the West Berkeley Plan boundaries are subject to the applicable mitigation measure in the adopted Mitigation Monitoring Program of the West Berkeley Plan Final EIR.

D. Adeline Corridor Plan. Projects in the Adeline Corridor Plan boundaries are subject to the applicable mitigation measure in the adopted Mitigation Monitoring Program of the Adeline Corridor Plan Final EIR.

E. Ashby and North Berkeley BART Stations Transit-Oriented Development Zoning Project. Projects in the Ashby and North Berkeley BART Stations Transit-Oriented Development Zoning Project boundaries are required to implement all the applicable mitigation measures in the adopted Mitigation Monitoring Program of the Ashby and North Berkeley BART Stations Transit-Oriented Development Zoning Project EIR. (Ord. 7815-NS § 8, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Purpose. The purpose of this section is to reduce bird mortality from windows and other transparent or reflective buildings or building features known to increase the risk of bird collisions.

B. Applicability.

1. Applicability. The bird safe building requirements apply to the following types of projects based on the
primary land use when such projects require a building permit.

Table 23.304-10. Bird Safe Building Requirement Applicability

Project Type Applicable Building Location(s) Supplemental Standards

Non-Residential

New Construction or Addition All transparent or reflective
material located between the
ground and 75 ft. above grade.

New or Replacement Transparent All transparent or reflective 23.304.150(B)(3)(a),
or Reflective Material on Existing material located between the 23.304.150(B)(3)(b)
Building ground and 75 ft. above grade.

High-Risk Features All high-risk features located at 23.304.150(B)(3)(a)
any grade.

Residential or Mixed Use

New Construction or Addition, All transparent or reflective 23.304.150(B)(3)(a),
Building with 10,000 sq. ft. or material located between the 23.304.150(B)(3)(d),
more of gross floor area and an ground and 75 ft. above grade. 23.304.150(B)(3)(e)
average building height greater
than 35 ft.

New or Replacement Transparent All transparent or reflective 23.304.150(B)(3)(a),
or Reflective Material on Existing material located between the 23.304.150(B)(3)(c),
Building with 10,000 sq. ft. or ground and 75 ft. above grade. 23.304.150(B)(3)(d),
more of gross floor area and an 23.304.150(B)(3)(e)
average building height greater
than 35 ft.

High-Risk Features All high-risk features located at 23.304.150(B)(3)(a),
any grade. 23.304.150(B)(3)(d),
23.304.150(B)(3)(e)

2. Definitions.

(a) High-Risk Features. Transparent or reflective building components that are particularly susceptible to
bird-glass collisions: Railings; Awnings; Windbreak/windscreen panels; Acoustic barriers; Skywalks;
Greenhouses; Glass walls; Rooftop appurtenances; Balconies; and Exterior decorative panels or signage.

(b) Low-e Coating. A "LOW-E COATING" as defined in 2022 Title 24, Part 6 California Energy Code
Reference Appendices or successor regulations.

(c) Glass Surfaces. Glass surfaces shall be numbered starting with the window surface closest to the exterior of the building and proceeding inward. (See Figure 23.304-1).

Figure 23.304-1. Glass Surfaces

3. Phasing and Exemptions.

(a) No Replacement. The bird safe building requirements do not apply to existing windows or other
transparent or reflective materials that are not proposed to be replaced.

(b) Phase-In for Existing Non-Residential Buildings with Lower Hazard Facades. Buildings where every
façade’s total square footage consists of less than 30 percent transparent or reflective material are
exempt through July 1, 2025, except that High-Risk Features are not exempt. If one or more façade
contains 30 percent or more transparent material in its total square footage, all transparent or reflective
materials shall meet 23.304.150(C) (Bird Safe Requirements).

(c) Phase-In for Existing Residential Buildings with Lower Hazard Facades. Buildings where every façade’s
total square footage consists of less than 30 percent transparent or reflective material are exempt
through January 1, 2028, except that High-Risk Features as described in Table 1--23.304-10 are not
exempt. If one or more façade contains 30 percent or more transparent material in its total square
footage, all transparent or reflective materials shall meet 23.304.150(C) (Bird Safe Requirements)

(d) Exemption for Affordable Housing. Residential projects, including the residential portion of mixed-use
projects, where greater than 50 percent of the residential unit floor area are subject to recorded
affordability restrictions, are exempt from the provisions of this section. If added to an existing property,
the entire property is exempt.

(e) Exemption for Historic Resources. Designated landmarks and/or structures of merit pursuant to BMC
Chapter 3.24 (Landmarks Preservation Commission) are exempt.

C. Bird Safe Requirements. Any regulated transparent or reflective material must meet at least one of the following conditions:

1. Threat Factor Rating. A product with an American Bird Conservancy Threat Factor Rating of 30 or less.

2. Patterned Glazing Treatment. The glass or reflective material assembly must have all the following
characteristics:

(a) Panes with patterns that are etched, fritted, stenciled, silk-screened, or otherwise permanently incorporated into the transparent material on either glass surface 1 or 2 only. If the pattern utilizes dots or other isolated solid shapes, each dot or shape must be at least a 1/4 inch in diameter and be no more than 2 inches apart in any direction (see Figure 23.304-2, left). If the pattern utilizes lines, they must be at least ⅛ inch in width and spaced no more than 2 inches apart (see Figure 23.304-2, left). Frit, ceramic ink, or other marker types must be opaque;

(b) Visible light reflectance from the exterior surface of less than or equal to 15%; and

(c) As viewed from glass surface 1, all low-e coatings must be behind the pattern.

Lines Dots or Isolated Solid Shapes

3. External Screens, Shutters, or Shading Devices. Panes with exterior screens, shutters or shading devices
installed permanently over windows, structures, or building features such that there is no gap larger than 9
inches in one dimension. Building integrated treatments include, but are not limited to, metal screens,
shutters, fixed solar shading such as louvres, and exterior insect or solar screens.

D. Enforcement. Permit applicant shall attest to compliance with the provisions of this section and allow for third party verification of compliance, in accordance with administrative regulations promulgated by the Zoning Officer, which may be modified from time to time to effectively implement this section. (Ord. 7864-NS § 1, 2023)

A. Applicability. This Section applies to all Middle Housing Infill Projects (MHIPs) approved pursuant to BMC Chapter 21, including SB 684 MHIPs and Parcel Map MHIPs.

B. Standards. A proposed MHIP housing development shall comply with all objective zoning, subdivision, and design review standards applicable to the parcel, as well as the Specific Standards included under subsection 23.304.160(D).

C. Modifications.

1. SB 684 MHIPs. The Planning Director shall waive or modify any objective standard if its application would
physically preclude the construction of the minimum number of dwelling units required under Government
Code Section 66499.41.

2. Parcel Map MHIPs. The Planning Director shall waive or modify any objective standard if its application
would physically preclude the construction of the minimum residential density required by the underlying
zoning district. If the zoning district does not establish a minimum residential density, the project shall meet
or exceed sixty-six percent of a density of 30 dwelling units per acre.

D. Specific Standards.

1. No separation is required between units, except as required by the California Building Code.

2. Rear and side yard setbacks from the original parent parcel lot line shall be four (4) feet, except that:

(a) no setback is required for an existing legally created structure, or for a structure reconstructed in
the same location and to the same dimensions as such legally created structure, and

(b) where the applicable zoning district allows a rear or side yard setback less than four (4) feet, the
smaller standard shall apply.

3. Average Unit Size. For SB 684 MHIPs, the average net habitable floor area of dwelling units shall not
exceed 1,750 square feet per unit. This limit shall not apply to Parcel Map MHIPs.

4. For development on a vacant lot zoned single-family, the applicable height limit shall be no less than the

maximum height otherwise permitted in the zoning district. (Ord. 8002-NS § 13, 2026)