Berkeley Municipal Code Ch. 23.210 Overlay Zones

A. General. An overlay zone is a defined geographic area shown on the Zoning Map where special requirements or limitations apply, in addition to the underlying base district requirements.

B. Conflicting Requirements. Whenever a requirement of an overlay zone conflicts with a requirement of the underlying base district, the overlay zone requirement controls. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Purpose. The purpose of the Hillside (H) overlay zone is to:

1. Implement General Plan policies for hillside development;

2. Protect the safety and health of residents where steep topography, unusual street conditions and proximity to the wildland-urban interface create severe risk from wildfire;

3. Protect the character of Berkeley’s hillside areas and their immediate environs;

4. Give reasonable protection to views yet allow appropriate development of all property;

5. Allow modifications in standard setback and height requirements when justified because of steep topography, irregular lot pattern, unusual street conditions, or other special aspects of the hillside areas.

B. Allowed Uses.

1. General. Allowed uses in the H overlay zone are the same as the underlying base district except as provided in this subsection.

2. Multiple Dwellings in R-2. When the H overlay zone is combined with the R-2 district, multiple dwellings on a single property are not permitted.

C. Development Standards.

1. General. Development standards in the H overlay zone are the same as the underlying base district except as provided in this subsection.

2. Main Building Height.

(a) Table 23.210-1 shows the maximum allowed building height in the H overlay zone.

(b) The Zoning Officer may approve an AUP to increase the allowed average and maximum main building height upon finding the project is consistent with the purpose of the H overlay zone as stated in 23.210.020.A (Purpose).

Table 23.210-1. H OVERLAY ZONE MAXIMUM ALLOWED HEIGHT

(c) For a residential addition located above the lowest existing story that is partially or fully above grade, not habitable, and projects beyond the footprint of the habitable portion of the building, the average height is measured from the floor plate of the lowest habitable story. Maximum height is measured from grade in all cases.

(d) Height provisions in Section 23.304.050--Building Height apply in the H overlay zone.

3. Accessory Building Height.

(a) Accessory buildings are limited to 12 feet in average height and one story.

(b) The Zoning Officer may approve an AUP to increase the allowed height and/or stories upon finding that the proposed accessory building:

i. Will not be detrimental to the light, air, privacy, and view of adjacent property; and

ii. Is consistent with the purpose of the H overlay zone as stated in Section 23.210.020.A--Hillside Overlay Zone (Purpose).

4. Setbacks and Building Separation.

(a) The Zoning Officer may approve an AUP to reduce the minimum required main building lot line setbacks and the minimum required building separation in the underlying base district upon finding that the reduction is consistent with the purpose of the H overlay zone as stated in 23.210.020.A (Purpose).

(b) Setback provisions in Section 23.304.030--Setbacks apply in the H overlay zone. (Ord. 7978-NS § 39, 2025; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Purpose.

1. General. The general purpose of the Civic Center District (CCD) overlay zone is to implement General Plan Policy LU-22 to "Maintain the Civic Center as a cohesively designed, well-maintained, and secure place for community activities, cultural and educational uses, and essential civic functions and facilities" and Downtown Area Plan Policy LU-1.4 to "Focus City government and civic activity in the Civic Center area, and recognize Downtown’s central role in providing community services."

2. Specific. The specific purpose of the CCD overlay zone is to:

(a) Preserve and protect the integrity of the City of Berkeley Historic Civic Center through preservation of existing buildings and open space listed in the Civic Center Historic District;

(b) Allow a set of uses, which are civic in nature, and support active community use;

(c) Promote uses, which combined or individually will maintain public access to the historic buildings and resources;

(d) Promote appropriate uses which respect the Civic Center’s historic significance in unifying the community and forming a link to Berkeley’s past;

(e) Promote the cultural and architectural heritage of the Civic Center;

(f) Preserve the Civic Center District as a place for government functions, community activities, cultural and educational uses, and civic functions and facilities; and

(g) Promote uses which could financially support the goal of upgrading and preserving the existing historic buildings and resources.

B. Applicability. The CCD overlay zone boundaries are coterminous with the Civic Center Historic District designated under Municipal Code Chapter 3.24 and apply to the following parcels:

1. APN 057 201701601 (Old City Hall/Courthouse/Public Safety Building).

2. APN 057 202202000 (Veterans Memorial Building).

3. APN 057 202200600 (State Farm Insurance Building/City offices, 1947 Center Street).

4. APN 057 202100200 (Civic Center Park).

5. APN 057 202100100 (Civic Center Building).

6. APN 057 202601500 (Downtown Berkeley YMCA).

7. Portion of APN 057 202000503 which contains the Berkeley Community Theater/Florence Schwimley Little Theater.

8. APN 057 202000400 (Berkeley High School).

9. APN 057 202700500 (Berkeley Main Post Office).

C. Definitions. The following definitions apply only in the CCD overlay zone:

1. Live Performance Theatre. An establishment that has a permanent stage for the presentation of live performances and entertainment and which contains an audience viewing hall or room with fixed seats.

2. Museum. A non-profit, permanent institution in the service of society and its development, open to the public, which acquires, conserves, researches, communicates, and exhibits the tangible and intangible heritage of humanity and its environment for the purposes of education, study, and enjoyment.

3. Public Market. An open air or enclosed marketplace, including a farmer’s market, with multiple owner operated and/or independent merchants selling retail food items and handcrafted goods from local and regional producers, so long as:

(a) At least 75 percent of retail space is devoted to the sale of general or specialized food products; and

(b) No more than 25 percent of retail space is devoted to one or more of the following incidental uses:

i. Owner operated and/or independent food service establishment selling food from local and regional producers; and

ii. Sales of retail products from local and regional produce.

D. Allowed Uses. Table 23.210-2 shows allowed uses and permit requirements in the CCD overlay zone. All properties in the CCD overlay zone are restricted to the uses in Table 23.210-2, regardless of uses permitted in the underlying base district.

Table 23.210-2. CCD OVERLAY ZONE ALLOWED USES

E. Development Standards.

1. General. Development standards in the CCD overlay zone are the same as the underlying base district except as provided in this subsection.

2. Building Height. All new buildings and building additions are subject to a maximum building height of 50 feet. (Ord. 7787-NS § 2 (Exh. A), 2021)