Berkeley Municipal Code Ch. 23.206 Manufacturing Districts

This chapter identifies allowed land uses, permit requirements, and development standards for the Manufacturing Districts. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Allowed Land Uses. Table 23.206-1 identifies allowed land uses and required permits in the Manufacturing Districts. All land uses are defined in Chapter 23.502--Glossary. Permit requirements are described in Chapter 23.406--Specific Permit Requirements. Permits required for land uses shown in Table 23.206-1 apply to both:

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

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

Table 23.206-1. Allowed Uses in Manufacturing Districts

Notes:

[1]Requires an AUP for uses 20,000 sq. ft. to 30,000 square feet. Requires a Use Permit for uses more than 30,000 sq. ft.

[2]Not permitted 20,000 sq. ft. or more.

[3]Requires a Use Permit if 5,000 sq. ft. or more.

[4]Requires a Use Permit for uses more than 20,000 sq. ft.

[5]Requires a Use Permit for more than 5,000 sq. ft. of floor area.

[6]Not permitted over 3,000 sq. ft.

[7]Requires a Use Permit for uses more than 40,000 sq. ft.

[8]Requires a Use Permit for uses 20,000 sq. ft. to 40,000 square feet.

[9]Requires an AUP for uses 20,000 sq. ft. to 40,000 square feet. Requires a Use Permit for uses more than 40,000 sq. ft.

[10]Requires an AUP for uses 10,000 sq. ft. to 20,000 square feet. Requires a Use Permit for uses more than 20,000 sq. ft.

[11]Allowed with Zoning Certificate if under 1,000 sq. ft. Requires Use Permit if over 20,000 sq. ft.

[12]Requires an AUP for uses more than 20,000 sq. ft.

[13]Requires an AUP for uses 60,000 sq. ft. to 100,000 sq. ft. Requires a Use Permit for uses 100,000 sq. ft. or more.

[14]Not permitted 1,500 sq. ft. or more.

[15]Requires a Use Permit for sales area 1,501 to 3,000 sq. ft. Not permitted over 3,000 sq. ft.

[16]Requires Use Permit for markets over 5,000 sq. ft.

B. Unlisted Land Uses. Any use not listed in Table 23.206-1 is permitted with an AUP. To approve the AUP, the Zoning Officer must find that the use is compatible with the purposes of the district where it is located. Any use found to be incompatible with the purposes of the district is not permitted.

C. Use-Specific Regulations. Uses subject to supplemental regulations are shown in Table 23.206-1 with an asterisk (*) following the permit requirement (e.g., ZC*). The Use-Specific Standards column in Table 23.206-1 identifies the location of these standards in the Zoning Ordinance. (Ord. 7978-NS § 36, 2025; Ord. 7957-NS § 2, 2025; Ord. 7955-NS § 14, 2025; Ord. 7945-NS § 3, 2024; Ord. 7898-NS § 13, 2024; Ord. 7882-NS §§5--7, 2023; Ord. 7838-NS § 3, 2022; Ord. 7810-NS § 9, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. New Floor Area. A project that creates new floor area for any use requires additional permits as shown in Table 23.206-2. Creation of new floor area includes:

1. Construction of new main buildings or accessory buildings;

2. Additions to existing buildings; or

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

4. New floor area does not include floor area associated with residential uses in the MU-R zoning district.

Table 23.206-2. NEW FLOOR AREA PERMIT REQUIREMENTS

B. Tenant Space Reconfiguration.

1. Reconfiguration of tenant space in an existing building in the M, MM, MU-LI, and M-RD districts requires a permit as listed in Table 23.206-3.

2. In the MU-R district, tenant space reconfiguration projects affecting 5,000 square or more require a Use Permit.

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

(a) The number of lease spaces for commercial businesses; or

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

Table 23.206-3. TENANT SPACE RECONFIGURATION REQUIREMENTS IN THE M, MM, MU-LI, AND M-RD DISTRICTS

4. MM and M-RD District Findings. To approve an AUP or Use Permit for a tenant reconfiguration project in the MM or M-RD district, the review authority must find that the conversion is necessary to implement the purpose of the district.

5. MU-LI District Findings. To approve a Use Permit for a tenant reconfiguration project in the MU-LI district, the review authority must find that the reconfiguration would not create or contribute to a shortage of industrial spaces in West Berkeley for spaces of the size being converted and either:

(a) The reconfiguration can be reasonably expected to better serve the purposes of the district than leaving the space intact; or

(b) The reconfiguration would create spaces which could cross-subsidize larger industrial spaces.

C. Major Residential Additions.

1. Where Allowed/Required Permits.

(a) Major residential additions are not permitted in MU-LI district.

(b) Major residential additions in the M and MM districts are subject to the requirement in Section 23.324 (Nonconforming Uses, Structures, and Buildings).

2. Recorded Acknowledgement. For a residential addition in the MU-R district, the residential property owner shall record an acknowledgement on the title that existing or reasonably foreseeable adjacent land uses in the M and/or MM District may create noise, dust, odors, light/glare, and other impacts that shall not be considered a nuisance if they are developed and conducted pursuant to the standards of the district.

D. Langendorf Building. The following applies to the property occupied by the Langendorf Building (2929 Seventh Street, APN 053-0164300102):

1. Commercial physical and biological laboratories are allowed with a Use Permit if at least 6,000 square feet of gross floor area is occupied by a permitted use.

2. Retail, office, and food and alcohol service uses allowed in the C-W district are allowed in the MU-LI portion of the property if the total gross floor area of these uses are less than 10,000 square feet.

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

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

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

2. Section 23.304.070--Unenclosed Accessory Structures in All Districts.

3. Section 23.304.080--Fences.

G. Middle Housing Infill Projects. Middle Housing Infill Projects that comply with the eligibility criteria of Government Code Section 66499.41 (SB 684 MHIPs), as defined in BMC Section 21.30.020(A) (Definitions), are permitted in the Mixed-Use Residential (MU-R) zoning district, subject to the underlying zoning standards, the standards in Section 23.304 (General Development Standards) and the subdivision procedures in Title 21. (Ord. 8007-NS §§ 5, 6, 2026; Ord. 8002-NS § 10, 2026; Ord. 7981-NS § 5, 2025; Ord. 7957-NS §§ 3, 4, 2025; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Art/Craft Studios in the M, MM, and M-RD Districts. Art/craft studios are allowed in the M, MM and M-RD districts only as workspaces. Live/work is not permitted.

B. Bus/Cab/Truck/Public Utility Depot in the MU-LI and M-RD Districts. A Use Permit is required for a bus/cab/truck/public utility depot in the MU-LI or M-RD district if the lot is over 20,000 square feet, regardless of use floor area.

C. Child Care Centers in the MU-LI, MU-R, and M-RD Districts. Table 23.206-4 shows permit requirements for child care centers in the MU-LI, MU-R, and M-RD districts.

Table 23.206-4. MU-LI, MU-R, AND M-RD CHILD-CARE CENTER PERMIT REQUIREMENTS

D. Child-Serving Uses in the MU-LI, MU-R and M-RD Districts.

1. As used in this section, "child-serving use" means a school, child care center, family day care, or park/recreational facility used by children.

2. Before acting on an application to establish or expand a child-serving use in the MU-LI, MU-R, or M-RD districts, the applicant shall prepare and submit to the City an appropriate risk analysis or risk assessment, as determined by the City, that evaluates the risk to children in the use from other activities near the site.

3. All child-serving uses in the MU-LI, MU-R and M-RD districts must notify in writing, on a form approved by the City, all parents of children in the child-serving use that the use is in the MU-LI, MU-R or M-RD district, light manufacturing is a permitted activity in the district, and that primary production manufacturing or construction products manufacturing may be permitted uses in adjacent districts. The child-serving use must require each parent or guardian to confirm in writing that they have read and understood this information. Written confirmations shall be returned to the child-serving use and maintained at the use for City review.

4. To approve an AUP or Use Permit to establish or expand a child-serving use, the review authority must find that:

(a) The child-serving use is not incompatible with adjacent and nearby uses, including industrial uses;

(b) The risk analysis or risk assessment shows that there is not significant risk to children in the use from other activities near the site; and

(c) The applicant has made adequate provisions to comply with the parent/guardian notification requirement in Paragraph (3) above.

E. Circuses and Carnival in the MM, MU-LI, and M-RD Districts. Circuses and carnivals are allowed in the MM, MU-LI, and M-RD districts only as a temporary use.

F. Club and Lodges in the M, MM, MU-LI, and M-RD Districts. Clubs and lodges are allowed in the M, MM, MU-LI and M-RD districts only for persons working in the district.

G. General Retail in the MU-LI and M-RD Districts. Allowed general retail uses in the MU-LI and M-RD districts are limited to food product stores and building materials and garden supply stores. Other types of general retail uses are not permitted. Food product stores are not permitted if over 2,000 square feet. Building materials and garden supply stores are permitted with an AUP if under 20,000 square feet and with a Use Permit if 20,000 square feet or more.

H. Manufacturing Uses in the M, MM, MU-LI, and M-RD Districts. For manufacturing uses in the M, MM, MU-LI, and M-RD districts otherwise allowed with a Zoning Certificate, an AUP is required to establish the use within 150 feet of a residential use in a Residential District or in the MU-R district.

I. Non-Vehicle Repair Service in the M, MM, MU-LI, and M-RD Districts. Retail sales associated with a non-vehicle repair service are not permitted in the M, MM, MU-LI, and M-RD districts.

J. Pharmaceuticals Manufacturing in the MU-LI and M-RD Districts. Pharmaceuticals manufacturing is allowed in the MU-LI or M-RD districts only in locations at least 500 feet from a Residential District or the MU-R district.

K. Public Market, Open Air in the MU-LI and M-RD Districts. Open air markets in the MU-LI or M-RD districts with 5,000 square feet or less of lot area are allowed with an AUP.

L. Recycled Materials Processing in the M and MM Districts. For recycled materials processing facilities under 10,000 square feet in the M and MM districts, an AUP is required if processing occurs outside of a building.

M. Recycling Facilities in the MU-LI and M-RD Districts. Recycled materials processing and recycling redemption centers are allowed in the MU-LI and M-RD districts only on lots greater than 20,000 square feet.

N. Retail Sale of Goods Manufactured On-Site. The following requirements apply to incidental retail sales in all Manufacturing Districts:

1. The size and character of signs for the retail use shall clearly indicate that the retail use is not the primary use of the site.

2. Maximum retail floor area: 10 percent of total gross floor area.

3. Outdoor sales of food service is not permitted.

O. Storage, Wholesale, Manufacturing as Incidental Use. If a storage, wholesale, or manufacturing use is allowed in the M, MM, MU-R, or M-RD district with a Zoning Certificate, the use is allowed incidental to another permitted use without the requirement for an AUP or Use Permit.

P. Microbes or biological agents. See Section 23.302.020(E).

Q. Noise. For purposes of the Noise Ordinance, Municipal Code Chapter 13.40, the Manufacturing Districts are considered Industry Districts.

R. Vocational Schools in the MU-LI and M-RD Districts. A vocational school in the MU-LI or M-RD district must provide training for occupations and/or industries found in the West Berkeley Plan area.

S. Wholesale Trade in the MU-LI and M-RD Districts. Proximity to Residential Use. For wholesale trade use in the MU-LI or M-RD districts otherwise allowed with a Zoning Certificate, an AUP is required to establish the use within 150 feet of a residential use in a Residential District or in the MU-R district. (Ord. 7957-NS § 5, 2025; Ord. 7955-NS § 15, 2025; Ord. 7945-NS § 4, 2024; Ord. 7882-NS § 8, 2023; Ord. 7850-NS § 17, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Protected Industrial Uses in the MM and MU-LI Districts. The industrial use protections in this subsection apply in the MM and MU-LI districts.

1. Uses Subject to Protection. Table 23.206-5 identifies protected industrial uses in the MM and MU-LI districts and when the requirements in this subsection apply to these uses. Protections apply only to legally-established uses.

Table 23.206-5. PROTECTED INDUSTRIAL USES

Note:

[1]Includes protected uses that were previously used on or after this date but now vacant.

(a) In the MM district, requirements in this subsection apply if protected use space is used, or has been used, for the manufacture, assembly, processing, repair, testing (including prototype manufacturing), storage, display (other than in retail stores) or distribution of goods. Requirements do not apply in the MM district if the protected use is or was demonstrably ancillary to another use.

2. Permits Required. Table 23.206-6 identifies permits required if a protected industrial use is changed to any use that is not a protected industrial use.

Table 23.206-6. PERMITS REQUIRED FOR CHANGES TO PROTECTED LAND USES

3. Permit Findings.

(a) To approve a Use Permit to change any amount of ground-floor protected industrial use to a non-protected use in the MM district, or to change more than 20,000 square feet or 25 percent or more of a protected use to a non-protected use in the MU-LI district, the Zoning Adjustments Board (ZAB) must find that replacement space is provided as required by Paragraph 4 (Replacement Space) below.

(b) To approve a Use Permit in the MU-LI district to change 25 percent or more of the floor area from a protected industrial use to a non-protected use, the ZAB must also find that either:

i. The City has approved necessary Use Permits to provide comparable quality replacement space in Berkeley at a comparable rent that will be available before the demolition or change of use of the space; or

ii. Both of the following:

(1) As a result of lawful business and building activities, there are exceptional physical circumstances (exclusive of the presence of hazardous materials in the building(s), soil or groundwater) found at the building not generally found in industrial buildings in the MU-LI district which make it financially infeasible to reuse the building for any of protected industrial uses permitted in the district. The analysis of the financial feasibility effects (which shall be verified by the City) of these physical circumstances shall consider those costs necessary to make the building meet current minimum standards for manufacturing, wholesale trade or warehouse buildings.

(2) Appropriate mitigation has been made for loss of the protected industrial use space in excess of 25 percent of that space through providing such space elsewhere in the City, payment into the West Berkeley Building Acquisition Fund, or by other appropriate means.

4. Replacement Space. Floor area occupied by a protected industrial use that is changed to a non-protected use must be replaced, in the West Berkeley Plan area, by a comparable space devoted to one or more of protected industrial uses.

5. Minimum Protected Use Floor Area--MM District. For properties in the MM district where 25 percent or more of the total gross floor area was occupied by a protected industrial use as of January 1, 1996, protected industrial uses may not be reduced to less than 25 percent of the total gross floor area on the property.

6. Cumulative Limitations--MU-LI District. Permit requirements for changes to protected industrial uses in the MU-LI district are cumulative.

7. Exceptions. Changes to protected industrial uses in the MM and MU-LI districts described below are exempt from the requirements in Paragraphs 2-6 above.

(a) Changes to R&D Uses. A protected warehouse or wholesale trade use established before January 1, 2010 may be changed to a research and development (R&D) use with the permits shown in Table 23.206-7.

Table 23.206-7. PERMITS FOR CHANGES FROM PROTECTED TO R&D USES

i. A maximum of 150,000 square feet of protected warehouse or wholesale trade space occupied on or after August 1, 2011 may be converted to R&D. This maximum applies regardless of whether or not the protected warehouse or wholesale trade space was legally established.

(b) Changes to Warehouse-Based Non-Store Retail, Art/Craft Studio, and Contractor Uses. A protected industrial use may be changed to a warehouse-based non-store retail, art/craft studio, or contractor use with the permit required by Section 23.206.020 (Allowed Land Uses and Permit Requirements).

(c) Langendorf Building. Protected industrial uses in the Langendorf Building (2929 Seventh Street) may be changed to a non-protected use if at least 30,000 square feet of total gross floor area remains as a protected industrial use.

(d) MU-LI Lots Under Common Ownerships. Protected industrial uses in the MU-LI district may be changed to a non-protected use if:

i. The protected industrial use is on a lot or group of abutting and confronting lots under single ownership and with more than one building; and

ii. 25 percent or more of the total gross floor area in all buildings on the lot(s) remains as a protected industrial use.

(e) Prior Protections Remain. Establishing a new non-protected use under 23.206.050.A.7 (Exceptions) does not eliminate any protections for the prior protected use and such protections will remain if the new non-protected use ceases.

8. Reports to City Council.

(a) The Planning and Development Department will report to the City Council once a cumulative total of 50,000 square feet in the MM and MU-LI districts of protected warehousing or wholesale trade use is converted to a R&D use (or at the end of one year, whichever occurs first). The Department will provide additional reports in the same increments after this first report. The reports will include the gross square footage of building space converted and the number and type of jobs expected to be created.

(b) No later than April 15, 2016, the City Manager will provide a cumulative report to the City Council and schedule an action item for the Council’s consideration so that it can provide direction as to what, if any, modifications it wishes to make to this section.

B. Protected Non-Industrial Uses in the MU-LI and MU-R Districts.

1. Protected Non-Industrial Uses Defined. A use in the MU-LI or MU-R districts listed in Table 23.206-8 is classified as a protected non-industrial use, provided the use:

(a) Was legally established as of July 6, 1989; and

(b) Exists as a single stand-alone use or is combined with residential use in a live/work unit.

Table 23.206-8. PROTECTED NON-INDUSTRIAL USES

2. Permit Required for Change of Use.

(a) Table 23.206-9 shows permits required to change a protected non-industrial use.

Table 23.206-9. PERMITS REQUIRED FOR CHANGE TO PROTECTED NON-INDUSTRIAL USE

3. Owner-Occupied Exemption. A protected non-industrial use which is owner-occupied and occupies all of the non-residential floor area in a building is exempt from the requirements of this section.

4. Findings.

(a) To approve a permit required by Table 23.206-9, the review authority must find that space occupied by the existing non-industrial protected use will be replaced with a comparable space in the West Berkeley Plan area, which is reserved for use by any protected use in the same category. Such replacement space may not qualify for exemption under Paragraph 3 (Owner-Occupied Exemption) above or by reason of having been established after July 6, 1989.

(b) When making additional findings required by Chapter 23.406 (Specific Permit and Approval Requirements), the review authority may only consider the potential detriment associated with the new use. Dislocation of any specific previous occupant or use may not be a basis for finding detriment. (Ord. 7955-NS §§ 16, 17, 2025; Ord. 7882-NS §§ 9, 10, 2023; Ord. 7835-NS § 5, 2022; Ord. 7830-NS § 5, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Manufacturing (M) district is to:

1. Implement the West Berkeley Plan Manufacturing District designation;

2. Encourage development of a general manufacturing district for the full range of manufacturers, including larger scale materials processing manufacturers sometimes known as heavy manufacturers;

3. Consistent with other goals expressed in these purposes, encourage development of a manufacturing district dedicated to manufacturing and industrial uses, so that manufacturers and industrial businesses will not be interfered with by incompatible uses;

4. Encourage the creation and continuation of well-paid (often unionized) industrial jobs for people without advanced degrees;

5. To the greatest degree possible and consistent with other goals expressed in these purposes, retain the stock of manufacturing and industrial buildings and/or sites, especially large buildings and sites, for manufacturing and industrial uses;

6. Support the development of industrial businesses which contribute to the maintenance and improvement of the environment;

7. Maintain and improve the quality of the West Berkeley environment, while allowing the lawful and reasonable operation of the full range of manufacturers;

8. Support the development of retail automobile sales uses because they contribute to the economic viability of the area and provide sales tax revenues for the City; and

9. Provide opportunities for vehicle sales uses when it will not unduly interfere with manufacturing uses.

B. Land Use Regulations.

1. Allowed Land Uses. See Table 23.206-1: Allowed Land Uses in Manufacturing Districts.

2. Dry Cleaning and Laundry Plants. Retail service at a dry cleaning and laundry plant in the M district is not permitted.

3. Vehicle Sales. The following standards apply to both new and used vehicle sales in the M district.

(a) Permits required for vehicle sales in the M district is determined by size of lot, not floor area.

(b) Vehicle sales are not permitted on City-owned land used for a materials recovery enterprise or solid waste transfer station as of January 1, 2008.

(c) When a project results in construction of a new building with more than 10,000 square feet of new gross floor area, the following standards apply to the new building:

i. A minimum building frontage of 40 percent of the project’s primary street frontage is required within 25 feet of the public right-of-way. The primary street frontage is the frontage towards which the primary building entrance is oriented.

ii. Along Gilman Street a minimum building frontage of 50 percent of the Gilman Street frontage is required within 25 feet of the public right-of-way.

iii. The minimum building height is 20 feet within 25 feet of the public right-of-way along the primary street frontage.

(d) Adequate landscaping and/or fencing shall be used to screen views from street level of dealership operations that are not located within a building. Outdoor vehicle storage and display does not need screening. Such screening is not required to obscure all visibility of interior activities but shall provide some filtering of outdoor dealership operations.

(e) For the purposes of this section and Design Review, areas used for outdoor vehicle storage and display are not considered parking areas.

(f) Appropriate site design measures shall be installed to the maximum extent practicable to ensure clean water standards are met. Permanent stormwater best management practices and on-site storm water treatment shall be used for all runoff generated by new impermeable surfaces. Runoff from automobile washing and maintenance activities shall be properly collected and treated, consistent with the requirements of the Public Works Department and the Toxics Management Division of the Planning Department. When new paving is proposed, pervious paving shall be used where feasible and shall be reviewed and approved by the Public Works Department and Office of Transportation.

(g) All noise-generating activities and equipment, such as vehicle repair, shall be shielded by noise-attenuating construction or equipment. Outdoor amplification is not permitted.

(h) Exterior light standards and fixtures shall not be taller than 20 feet, light cutoffs shall be used to control light spillover onto adjacent properties, and low energy light fixtures consistent with Berkeley’s goals for energy efficiency shall be used.

(i) Vehicle test drives shall not be conducted in adjacent Residential Districts.

(j) Facilities for the loading and unloading of deliveries shall be provided on-site and may not occupy street parking or block public or private streets. On-street unloading is permitted with an AUP. To approve the AUP, the Zoning Officer must find that:

i. On-street loading will not be unreasonably disruptive or detrimental to activities in the vicinity; and

ii. On-site deliveries are not feasible due to specific site or roadway constraints.

(k) To approve an AUP or Use Permit for an automobile sales use in the M district, the review authority must find that:

i. The project will not result in unreasonable impacts on circulation and parking on adjacent streets or in the immediate neighborhood;

ii. The project will not result in a substantial adverse impact on existing uses in the immediate vicinity;

iii. The project will not generate objectionable odors or excessive levels of noise;

iv. Site design reflects the urban form of the surrounding area and new construction, materials and/or building forms reflect the area’s industrial character;

v. New construction along Gilman Street reflects the importance of a defined street wall along this main entry corridor to the city; and

vi. The project will not materially interfere with the activities of the City-owned solid waste center.

C. Additional Permit Requirements. See Section 23.206.030 (Additional Permit Requirements).

D. Development Standards. See Table 23.206-10 for development standards in the M district.

Table 23.206-10. M DEVELOPMENT STANDARDS

E. Permit Findings. See Section 23.206.110--Permit Findings. (Ord. 8007-NS § 7, 2026; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Mixed Manufacturing (MM) district is to:

1. Implement the West Berkeley Plan MM designation;

2. Encourage development of a general manufacturing district for the full range of manufacturers, including larger scale materials processing manufacturers sometimes known as heavy manufacturers;

3. Encourage development of a manufacturing district targeted to manufacturing and industrial uses including research and development, so that manufacturers and industrial businesses will not be interfered with by incompatible uses;

4. Encourage the creation and continuation of well paid (often unionized) jobs for men and women without advanced degrees;

5. Provide an appropriate location for the development of compatible industries which can provide high quality employment for people at all educational levels, and add significantly to the tax base, such as the biotechnology industry and other research and development uses;

6. Allow reuse of upper story industrial space as offices to facilitate use of upper story space;

7. Maintain and improve the quality of the West Berkeley environment, while allowing the lawful and reasonable operation of the full range of manufacturers; and

8. Support the development of industrial businesses which contribute to the maintenance and improvement of the environment.

B. Land Use Regulations.

1. Allowed Land Uses. See Table 23.206-1: Allowed Land Uses in Manufacturing Districts.

2. Office Uses.

(a) Office uses are allowed in the MM district only above the ground floor. Ground floor office uses are not permitted unless ancillary to a permitted use.

(b) If the office use is established above a non-manufacturing use or replaces an existing manufacturing, warehousing or wholesale trade use, an AUP is required.

C. Additional Permit Requirements. See Section 23.206.030--Additional Permit Requirements.

D. Development Standards. See Table 23.206-11 for development standards in the MM district.

Table 23.206-11. MM DEVELOPMENT STANDARDS

E. Permit Findings. See Section 23.206.110--Permit Findings. (Ord. 8007-NS § 8, 2026; Ord. 7945-NS § 5, 2024; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Mixed Use-Light Industrial (MU-LI) district is to:

1. Implement the West Berkeley Plan Light Manufacturing District designation;

2. Encourage development of a mixed use-light industrial area for a range of compatible uses;

3. Encourage development of an area where light manufacturers can operate free from the economic, physical and social constraints caused by incompatible uses;

4. Encourage the creation and continuation of well-paid jobs which do not require advanced degrees;

5. Provide for the continued availability of manufacturing and industrial buildings for manufacturing uses, especially of larger spaces needed by medium sized and larger light manufacturers;

6. Provide opportunities for office development when it will not unduly interfere with light manufacturing uses and/or the light manufacturing building stock;

7. Provide the opportunity for laboratory development and research and development facilities in appropriate locations;

8. Support the development of businesses which contribute to the maintenance and improvement of the environment;

9. Allow on-site ancillary retail as a tool to maintain and enhance the economic viability of manufacturers in the district; and

10. Maintain and improve the quality of the West Berkeley environment, while allowing the lawful and reasonable operation of light industrial uses.

B. Land Use Regulations.

1. Allowed Land Uses. See Table 23.206-1: Allowed Land Uses in Manufacturing Districts.

2. Use Permit Not Required. An existing use in the MU-LI district may be modified or intensified without a Use Permit if:

(a) A Use Permit is not required by this chapter; and

(b) The Zoning Officer determines that the modification or intensification of the use can reasonably be expected not to increase any impact regulated under environmental performance standards.

3. Alcoholic Beverage Retail Sales. Alcoholic beverage retail sales are allowed in the MU-LI district only when incidental to food product stores.

4. Theaters. Only live stage performances are allowed in a theater in the MU-LI district. Motion picture theaters are not permitted.

5. Vehicle Wrecking. Permits required for vehicle wrecking the MU-LI district is determined by size of lot, not floor area.

C. Additional Permit Requirements. See Section 23.206.030--Additional Permit Requirements.

D. Outdoor Recreation Sub-Zone.

1. An Outdoor Recreation Sub-zone may be designated by the City Council, upon recommendation of the Planning Commission. In an Outdoor Recreation Sub-zone, parks and outdoor recreational uses are permitted with a Use Permit.

2. Properties designated as an Outdoor Recreation Sub-zone must be:

(a) Designated specifically for outdoor recreational use in the West Berkeley Plan;

(b) Owned or under acquisition by a public agency which is subject to the Zoning Ordinance;

(c) At least 5 contiguous acres in area;

(d) Not primarily occupied by a conforming use as designated in the West Berkeley Plan; and

(e) At least 1,000 feet from any other Outdoor Recreation Sub-zone.

3. The initial designation of an Outdoor Recreation Sub-zone expires five years from the designation date. To permit outdoor recreational uses after that date, the Council must renew the Outdoor Recreation Sub-zone designation.

E. Development Standards. See Table 23.206-12 for development standards in the MU-LI district.

Table 23.206-12. MU-LI DEVELOPMENT STANDARDS

F. Permit Findings. See Section 23.206.110--Permit Findings (Ord. 8007-NS § 9, 2026; Ord. 7957-NS § 6, 2025; Ord. 7945-NS §§ 6, 10, 2024; Ord. 7882-NS § 11, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

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

1. Implement the West Berkeley Plan Mixed Residential District designation;

2. Support the continued development of a mixed-use district which combines residential, live/work, light industrial, arts and crafts and other compatible uses;

3. Strengthen residential concentrations which exist within the district;

4. Provide appropriate locations for a broad range of live/work activities to occur;

5. Provide a transitional district between the Residential Districts to the east of the district and the Manufacturing Districts to the west of the district;

6. Encourage light manufacturers and wholesalers which are compatible with a mixed use-residential district;

7. Support the development of businesses of all types which contribute to the maintenance and improvement of the environment;

8. Protect residents from unreasonably detrimental effect of nonresidential uses, such as noise, vibration, odors, smoke, fumes, gases, dust, heat and glare, to the extent possible and reasonable within a mixed-use West Berkeley context;

9. To the extent feasible, protect industrial uses, particularly light industrial uses, from unreasonable intrusions on their ability to operate lawfully; and

10. Permit retail and food service activities which are either limited and small scale, primarily serving persons living and/or working in the district, but not a citywide or regional clientele, or which are ancillary and designed to maintain and enhance the economic viability of manufacturers in the district.

B. Land Use Regulations.

1. Allowed Land Uses. See Table 23.206-1: Allowed Land Uses in Manufacturing Districts.

2. Alcoholic Beverage Retail Sales. Alcoholic beverage retail sales are allowed in the MU-R district only as ancillary sale of products produced or bottled on site with a Use Permit.

3. Community Care Facility. Community care facilities are allowed in the MU-R district as a change of use. New construction is permitted with a Use Permit.

4. General Retail. Allowed types of general retail uses the MU-R district are limited to food product stores, building materials and garden supply stores, and arts and craft supplies. Other types of general retail uses are not permitted.

5. Manufacturing Use Findings. To approve an AUP or Use Permit to establish or expand a manufacturing use abutting one or more dwelling units located in the MU-R District, the review authority must find:

(a) The manufacturer is capable of meeting all applicable performance standards; and

(b) Permit conditions will specify all reasonable steps to minimize noise, odors, dust, vibration, glare and any other potential impacts on the abutting dwelling units.

6. Mortuaries and Crematories. Only mortuaries are permitted in the MU-R district. Crematories are not allowed.

7. Mixed-Use Residential. To approve an AUP or Use Permit to establish or expand a mixed-use residential building in the MU-R district, the review authority must find that the specific combination of proposed residential and non-residential uses will not be hazardous or detrimental to persons living and/or working on the site or within the project vicinity.

8. Noticing for New Dwelling Units. This section applies to proposed new dwelling units that are eligible for approval with a Zoning Certificate, as indicated in Table 23.206-1 Allowed Land Uses in Manufacturing Districts.

(a) Scope and Timing of Notice. The City shall mail a courtesy notice to tenants of the subject property, and owners and tenants of the adjacent, confronting, and abutting properties, within ten working days of submission of the application to the City.

(b) Content of Notice. Notice shall provide the address of the project, allowable hours of construction and information for tenants of the subject property on how to contact a Rent Board Housing Counselor by e-mail or phone and any other resource information deemed relevant.

(c) Mailing Fees. The applicant shall be responsible for the cost of materials, postage, and staff time necessary to process and mail notices.

C. Additional Permit Requirements. See Section 23.206.030--Additional Permit Requirements.

D. Development Standards. See Table 23.206-14: MU-R Development Standards for development standards in the MU-R district.

Table 23.206-14. MU-R DEVELOPMENT STANDARDS

Notes:

[1]Maximum 1.5 for buildings with 50 percent or more live/work floor area.

[2]Maximum 35 ft. with a Use Permit.

[3]Mixed use is defined here as a building with 50 percent or more of gross floor area used for residential (including live/work) purposes.

[4]A project that includes a pitched roof is permitted a 35-foot maximum eave height and a maximum roof height of 38 feet. A project with a 35-foot flat roof is permitted an additional 5 feet height allowance for a stair, elevator or other rooftop access feature. Such a feature shall not exceed 15% of the average floor area of all of the building’s stories.

[5]Maximum 3 stories for arts/craft studios and light manufacturing (with no other non-residential uses) on a block without dwelling units.

[6]Minimum 5 ft. if rear of lot abuts a street.

E. Permit Findings. See Section 23.206.110--Permit Findings. (Ord. 8007-NS §§ 10--12, 2026; Ord. 7995-NS § 6, 2025; Ord. 7978-NS §§ 37, 38, 2025; Ord. 7882-NS § 12, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Manufacturing, Research and Development (M-RD) district is to:

1. Support a mix of industrial and heavy commercial uses, such as light manufacturing and research and development, particularly those which can provide high quality employment at all educational levels and add significantly to the tax base;

2. Allow office and laboratory uses that support light industrial and research and development uses;

3. Provide flexibility to facilitate the development and reuse of large sites with an urban campus-like environment, demonstrating high-quality design and site planning that includes amenities for employees and customers; and

4. Support the development of industrial uses which satisfy performance standards that protect the environment.

B. Land Use Regulations.

1. Allowed Land Uses. See Table 23.206-1: Allowed Land Uses in Manufacturing Districts.

C. Additional Permit Requirements. See Table 23.206-1: Allowed Land Uses in Manufacturing Districts.

D. Development Standards. See Table 23.206-15 for development standards in the M-RD district.

Table 23.206-15. M-RD DEVELOPMENT STANDARDS

Notes:

[1]Maximum Main Building Height of 105 feet may be allowed pursuant to Section 23.206.100(D)(1) (Modification to Development Standards on Large Sites).

1. Modifications to Development Standards on Large Sites.

(a) Purpose. The purpose of these provisions is to facilitate the development and reuse of large sites as an urban campus-like environment with high-quality design and site planning with amenities for employees and customers.

(b) Applicability. This section applies to projects located on a site of at least 9 acres, which may comprise multiple parcels and blocks, excluding intervening streets/roads/right-of-way or similar.

(c) Allowed Modification. The ZAB shall allow modifications to lot coverage, height and setback standards in Table 23.206-15, as follows, subject to the permit findings in Section 23.206.100(D)(1)(e):

i. Main building(s) may comply with the maximum FAR and coverage standards on a project-wide basis, rather than on a parcel-by-parcel basis, as follows:

(a) The FAR and/or coverage for main buildings on an individual parcel shall not exceed the maximum allowed in Table 23.206-15 by more than 20 percent.

(b) The project complies with the maximum allowed FAR and coverage in Table 23.206-15.

ii. Main building(s) shall not exceed a maximum building height of 105 feet.

(d) Development Plan. The applicant shall submit a development plan that includes all of the following:

i. A detailed phasing plan that shows the general location and timing of all physical development, including on and off-site infrastructure, architectural plans, and locations of proposed uses; and

ii. A detailed development comparison demonstrating how the changes in development standards for the proposed project maximize amenities for both employees and customers.

(e) Findings for Approval.

i. To approve any modification allowed in this section, the ZAB shall make all of the following findings:

(a) That the modification(s) to the development standard(s) are warranted to support a project that demonstrates enhanced design and site planning. Enhanced design elements shall include but not be limited to varied and unique architectural features and innovative site layouts that maximize amenities for both employees and customers. Such modification(s) shall result in a development that achieves the purposes of the M-RD district which could not be achieved by strict application of the development standards; and

(b) The applicant has demonstrated that each phase of development does not unduly burden future project implementation, ensures implementation of the project within a reasonable time period, and all required on and off-site infrastructure and amenities are provided.

ii. To approve a Modification to Development Standards on Large Sites, the ZAB shall also make all required Use Permit findings and follow all procedures in Section 23.406.040 (Use Permits) and any additional Use Permit findings required by the Zoning Ordinance for the use or development in the applicable district.

(f) Conditions of Approval. Additional project specific conditions may be imposed to support the findings for approval. Project specific requirements may include but are not limited to a reimbursement agreement, surety/bond/letter of credit, or private maintenance agreement. The approving body shall identify the project requirements within the Conditions of Approval.

(g) Deed Restriction. A deed restriction shall be prepared requiring compliance with the Conditions of Approval (and as amended), in perpetuity. The property owner shall file and record the deed restriction with the Alameda County Recorder’s Office.

E. Permit Findings. See Section 23.206.110 (Permit Findings). (Ord. 7957-NS § 7, 2025)

A. All Manufacturing Districts. To approve an AUP or a Use Permit in a Manufacturing District, the review authority must find that the project:

1. Is consistent with the purposes of the district;

2. Is compatible with the surrounding uses and buildings;

3. Complies with the adopted West Berkeley Plan; and

4. Meets any applicable performance standards for off-site impacts.

B. Additional Findings. In addition to the findings in Section 23.206.110(A) (All Manufacturing Districts), the review authority must also make the following findings to approve an AUP or Use Permit in each of the Manufacturing Districts.

1. M and MM Districts. The project:

(a) Is unlikely, under reasonably foreseeable circumstances, to induce a substantial change of use in buildings from manufacturing, wholesale trade, or warehousing uses; and

(b) Is designed in such a manner to be supportive of the industrial character of the district. Such physical compatibility shall include materials used; facade treatments; landscaping; lighting; type, size and placement of awnings, windows, and signs; and all other externally visible aspects of the design of the building and site.

2. MU-LI District. The project:

(a) Is unlikely, under reasonably foreseeable circumstances, to induce a substantial change of use in buildings from manufacturing, wholesale trade, or warehousing uses;

(b) Is designed in such a manner to be supportive of the industrial character of the district. Such physical compatibility shall include materials used; facade treatments; landscaping; lighting; type, size and placement of awnings, windows, and signs; and all other externally visible aspects of the design of the building and site; and

(c) If the building and/or site is split between the MU-LI district and the C-W district, there are clear and appropriate distinctions in all design aspects between the portions of the building and site within the MU-LI district and the portions within the C-W district.

3. MU-R District. The project:

(a) Is unlikely, under reasonably foreseeable circumstances, to either induce or contribute to a cumulative change of use in buildings away from residential, live/work, light industrial, or arts and crafts uses; and

(b) Is designed to be supportive of the character and purposes of the district.

4. M-RD District. The project:

(a) Is unlikely, under reasonably foreseeable circumstances, to either induce or contribute to a cumulative change of use in buildings away from industrial or heavy commercial uses; and

(b) Is designed to be supportive of the character and purposes of the district. Such physical compatibility shall include materials used; facade treatments; landscaping; lighting; type, size and placement of awnings, windows, and signs; and all other externally visible aspects of the design of the building and site. (Ord. 7957-NS § 8, 2025. Formerly 23.206.100)