Berkeley Municipal Code Ch. 23.202 Residential Districts

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

A. Allowed Land Uses. Table 23.202-1: Allowed Land Uses in Residential Districts identifies allowed land uses and required permits in the Residential Districts. All land uses are defined in Chapter 23.502--Glossary. Permit requirements are described in Chapter 23.406--Specific Permit Requirements.

B. Unlisted Land Uses. Any land use not listed in Table 23.202-1: Allowed Land Uses in Residential Districts is not permitted in the Residential District.

Table 23.202-1. ALLOWED LAND USES IN RESIDENTIAL DISTRICTS

C. Use-Specific Regulations. Uses subject to supplemental regulations are shown in Table 23.202-1: Allowed Land Uses in Residential Districts with an asterisk (*) following the permit requirement (e.g., UP*). The Use-Specific Regulations column in Table 23.202-1: Allowed Land Uses in Residential Districts identifies the location of these regulations in the Zoning Ordinance. (Ord. 8007-NS § 1, 2026; Ord. 7978-NS § 2, 2025; Ord. 7955-NS § 3, 2025; Ord. 7898-NS § 1, 2024; Ord. 7890-NS § 3, 2023; Ord. 7882-NS § 1, 2023; Ord. 7850-NS § 2, 2023; Ord. 7815-NS § 3, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Residential Additions. See Section 23.502.020(A) (“A” Terms) for residential addition definitions.

1. Permits Required.

(a) In the ES-R district, residential additions require permits as follows:

i. Residential additions up to 10 percent of lot area or 200 square feet, whichever is less: Zoning Certificate.

ii. Major residential additions more than 10 percent of lot area or 200 square feet, whichever is less: Use Permit.

(b) In the R-3, R-S, R-SMU and C-T districts within the Southside Plan boundaries, any residential addition requires a Zoning Certificate.

(c) In the R-1, R-2, R-2A and MU-R districts, any residential addition requires a Zoning Certificate.

(d) In the R-1H, R-2H, and R-2AH, and the R-3 district outside the Southside Plan boundaries, and in the R-4, R-5 and R-BMU districts, residential additions require permits as follows:

i. Residential additions (up to 15 percent of lot area or 600 square feet, whichever is less): Zoning Certificate.

ii. Major residential additions (all other residential additions): AUP.

2. Basis for AUP Decision.

(a) To deny an AUP for a residential addition in all residential districts except for the ES-R district, the review authority must find that although the proposed residential addition satisfies all other Zoning Ordinance requirements, the residential addition would unreasonably obstruct sunlight, air, or views.

(b) To approve an AUP for a residential addition in the ES-R district, the review authority must make the finding in Subsection 23.202.070.H.6--ES-R Environmental Safety-Residential District (Land Use Intensification).

B. Adding Bedrooms.

1. In the R-1H, R-2H, R-2AH, R-3, and R-3H districts, adding a bedroom to a lot requires permits as follows:

(a) Adding a first, second, third, or fourth bedroom to a lot: no permit required.

(b) Adding a fifth bedroom to a lot: AUP.

(c) Adding a bedroom to a lot beyond the fifth: Use Permit.

(d) No permit is required to add up to two bedrooms in an existing dwelling unit through the reconfiguration of existing habitable space, regardless of the number of bedrooms on the existing lot.

2. See Section 23.502.020(B) - Defined Terms ("B" Terms) for bedroom definition.

3. In the ES-R district, any alteration to create a new bedroom in a single-family detached home on a single lot requires an AUP. See Section 23.202.070(H)(6) (Land Use Intensification) for required finding.

4. In the R-3, R-S, or R-SMU districts within the Southside Plan boundaries, adding any bedroom to a lot requires a Zoning Certificate.

C. 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.

D. 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.

E. Middle Housing Infill Projects. Middle Housing Infill Projects, as defined in BMC Section 21.30.020(A) (Definitions), are permitted in any residential district where Multi-Family dwellings are an allowed use, subject to the underlying zoning standards, the standards in Section 23.304 (General Development Standards) and the subdivision procedures in Title 21. (Ord. 8002-NS § 8, 2026; Ord. 7995-NS § 1, 2025; Ord. 7981-NS § 3, 2025; Ord. 7978-NS §§ 3, 4, 2025; Ord. 7890-NS §§ 4, 5, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Community Care Facilities.

1. Permits Required. Community care facilities in a Residential District require permits as follows:

(a) Change of use: Zoning Certificate.

(b) New construction: Use Permit.

2. ES-R District. Community care facilities in the ES-R district must comply with the following standards:

(a) Maximum of six residents.

(b) Permitted pursuant to Health and Safety Code Section 1566.3 when occupying a legally established existing single-family dwelling.

B. General Retail.

1. In the R-4, R-5, R-S, and R-SMU districts, general retail uses must be:

(a) Accessory to another use;

(b) Contained within a building with no street access; and

(c) Without displays of merchandise visible from the street.

2. In the R-BMU district, General Retail is:

(a) Permitted with a Use Permit at the North Berkeley BART station;

(b) Permitted with a Zoning Certificate at the Ashby BART station.

C. One Single-Family Residential Use on a Single Lot in the R-1, R-2 and R-2A districts.

1. This section applies on lots with one existing or proposed single-family residential dwelling on a single lot, for new construction or residential additions.

(a) The residential gross floor area of a single-family residential dwelling may be no larger than 50 percent of the lot area, or 2,500 square feet, whichever is greater.

(b) A single-family residential dwelling may exceed the size limitations in this section with an AUP.

(c) This subsection shall not apply to parcels located in the Hillside Overlay Zone.

D. Noticing for New Dwelling Uses in the R-1, R-2, and R-2A Zoning Districts.

1. This section applies to proposed new dwelling units, other than ADUs, located in the R-1, R-2 and R-2A zoning districts and are eligible for approval with a Zoning Certificate, as indicated in Table 23-202-1 Allowed Land Uses in Residential 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.

(d) This subsection shall not apply to parcels located in the Hillside Overlay Zone. (Ord. 7978-NS § 5, 2025; Ord. 7815-NS § 4, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Residential Multi-Unit 1 (R-1) district is to:

1. Implement the General Plan by facilitating the development of residential areas consistent with a pattern of housing types ranging from single-family to small apartment structures;

2. Make housing available for persons who desire detached and multi-unit housing with usable open space;

3. Provide objective standards to protect adjacent properties from unreasonable obstruction of light and air; and

4. Permit community facilities such as religious assembly uses, schools, parks, and libraries which serve the local population and are not detrimental to the immediate neighborhood.

B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts.

C. Additional Permit Requirements. See Subsection A of Section 23.202.030--Additional Permit Requirements (Residential Additions) and Subsection B of Section 23.202.030--Additional Permit Requirements (Adding Bedrooms).

D. Development Standards.

1. Basic Standards. See Table 23.202-2: R-1 Development Standards and Table 23.202-3: R-1H Development Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-1 district are noted in Table 23.202-2: R-1 Development Standards.

Table 23.202-2. R-1 DEVELOPMENT STANDARDS

Notes:

[1]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.

[2]Front and rear setbacks must add up to at least 20 feet.

Table 23.202-3. R-1H Development Standards

Notes:

[1]Average Building Height 35 ft. with an AUP.

[2]Average Building Height greater than 14 ft. up to 28 ft. allowed with an AUP. Average building height greater than 28 ft up to 35 ft allowed with an additional AUP.

[3]Maximum building height greater than 20 ft. allowed with an AUP pursuant to BMC 23.210.020(C)(2).

(Ord. 8007-NS § 2, 2026; Ord. 7995-NS § 2, 2025; Ord. 7978-NS §§ 6 - 9, 2025; Ord. 7787-NS § 2 (Exh. A), 2021)

(Ord. 7978-NS § 10, 2025; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose.

1. General. Because of its substandard vehicular access, steep slopes, inadequate water pressure and proximity to the Hayward Fault and vegetated wildlands, the Panoramic Hill area is exceptionally vulnerable to severe damage or destruction from fire and earthquake hazards. Panoramic Hill also includes one of Berkeley’s most architecturally significant residential districts, which is listed in the National Register of Historic Places because of its association with the Arts and Crafts movement of the Bay Area Tradition.

2. Specific. The specific purpose of the Environmental Safety-Residential (ES-R) district is to:

(a) Provide a means to implement the General Plan and the Hazard Mitigation Plan to reduce the potential for life loss, injury, and economic damage to Berkeley residents from earthquakes, wildfires, and landslides and to protect the City’s unique character and values from being compromised by hazard events by reducing the vulnerability of one of the most unique and inaccessible neighborhoods in the Hill Hazardous Fire Area;

(b) Protect the lives and property of Panoramic Hill residents in Berkeley and adjoining parts of Oakland and avoid destruction or damage to the natural environment through the application of special development regulations and by ensuring that the review of new development and alterations or additions to existing structures will require analysis and mitigation of geologic, seismic, and fire hazards;

(c) Limit the uses of land permitted to those which are necessary to serve the housing and access needs of the district’s inhabitants and will not put either current or future residents at risk due to the area’s inadequate infrastructure and special vulnerability to natural hazards;

(d) Protect the health and safety of current and future residents by ensuring that no new dwelling units will be built and no land may be subdivided to allow the construction of additional dwelling units until plans are in place that identify the future distribution, location, and extent of development in the Berkeley and Oakland neighborhoods of Panoramic Hill, including provisions to develop and maintain a system of public facilities and services adequate to meet the needs of the future population;

(e) Establish procedures to ensure that the development review process provides for consideration of the cumulative impact of new construction, alterations, and changes in use that have the potential to increase the population or intensify the use of land in the district together with the impacts of other projects on Panoramic Hill and within adjacent areas of Berkeley and Oakland;

(f) Restrict the size and occupancy of residential structures by imposing standards that reflect the district’s limited capacity to accommodate additional population due to poor access, inadequate infrastructure, vulnerability to natural hazards and the fact that a majority of the existing development does not conform to standards that the City adopted in 1979;

(g) Assure the effective use of emergency measures available to save lives and property;

(h) Give reasonable protection to views and privacy, yet allow appropriate development of all property as long as public services and access are adequate to ensure protection of the health and safety of residents in this vulnerable area; and

(i) Protect the integrity of the Panoramic Hill Historic District by ensuring that alterations to existing buildings and new construction maintain the existing pattern of development, are appropriate to the hillside setting, and do not impair the architectural significance of contributing structures.

B. Interpretation. Nothing in this section is intended or may be construed to overturn, nullify, or affect any recorded limitation of property in favor of the City. In case of conflict between this section and other provisions of the Zoning Ordinance, the more restrictive standards apply.

C. Allowed Land Uses.

1. General. See Table 23.202-1: Allowed Land Uses in Residential Districts.

2. Rental of Rooms. Rooms may be rented to a maximum of four persons on a single property. Occupancy of a single dwelling unit by a single household as defined in Chapter 23.502--Glossary is permitted.

D. Additional Permit Requirements. See Section 23.202.030.A--Additional Permit Requirements (Residential Additions) and 23.202.030.B (Adding Bedrooms).

E. Specific Plan Required.

1. The City may not approve an AUP, Use Permit, Parcel Map, or Tentative Map to allow a new dwelling unit in the ES-R district until the City Council adopts a Panoramic Hill Specific Plan ("the Plan") in compliance with applicable law.

2. At a minimum, the Plan shall:

(a) Show the proposed distribution, location, and extent of land uses in the ES-R district and the location and extent of the public facilities and services required to serve the land uses;

(b) Include proposals for water, wastewater, and stormwater systems and for a circulation system adequate to accommodate projected traffic and to provide emergency access to the ES-R district and a program of implementation actions including finance measures necessary to carry out those proposal; and

(c) Include consideration of the needs and future growth of adjacent areas in the City of Oakland that are now or can feasibly be served by the proposed facilities and services.

3. The Zoning Adjustments Board (ZAB) may approve a new residential unit in the ES-R district only after finding that:

(a) The project is consistent with the Plan; and

(b) The public facilities and services that the Plan requires have been provided or will be developed as a condition of approval.

F. Environmental Assessment.

1. General.

(a) Due to Panoramic Hill’s inadequate infrastructure and special vulnerability to natural hazards, a project that is ordinarily insignificant in its impact on the environment may be significant if it occurs in the ES-R district.

(b) Any discretionary entitlement under the Zoning Ordinance or Subdivision Ordinance (Municipal Code Title 21) will not be considered exempt from environmental review pursuant to the California Environmental Quality Act, except for alterations to create bedrooms and residential additions with a gross floor area of up to 10 percent of the lot area or 200 square feet, whichever is less, and which otherwise meet all applicable standards of this section.

(c) Environmental review shall be based on documentation in the record including the reports as described in this section where applicable. Environmental review shall include consideration of the cumulative impact of new construction, alterations, and changes in use that would result in intensification of land use in combination with other projects on Panoramic Hill and adjacent areas that affect conditions in the area.

(d) For purposes of this section, any project that increases habitable floor area, increases the size or number of sleeping rooms, or has the potential to increase vehicular trips in the area is considered an intensification of land use.

2. Reports Required. All applications for construction and development in the ES-R district that are not exempt from environmental review require the following special studies:

(a) New Construction. All new construction requires a soils report, a geologic report, and a traffic impact study subject to the requirements in this section.

(b) Additions and Accessory Structures. All new accessory structures and additions to existing structures that require the installation of a foundation require a soils report, subject to the requirements below. The Building Official may waive this requirement for additions with less than 50 square feet of gross floor area or detached non-habitable structures with less than 225 square feet of gross floor area.

3. Soils Report. When required by Section 23.202.070.F.2--ES-R Environmental Safety-Residential District (Reports Required), a soils report shall be prepared by a civil engineer registered with the State of California, subject to the following requirements:

(a) Contents. Based upon adequate test borings or excavations, the report shall assess the potential for landslides, ground shaking, and surface faulting. If the soils report indicates the presence of soil conditions which, if not corrected, could lead to structural defects, the report shall recommend corrective action that is likely to prevent structural damage to each structure proposed to be constructed.

(b) Review of Report. The report shall be reviewed and approved by the City before issuance of any discretionary permit under the Zoning Ordinance, or before issuance of a building or grading permit if a discretionary permit is not required. The City may have the soils report independently reviewed by a licensed geotechnical engineer, registered by the state of California, the cost of which shall be borne by the applicant. The report’s recommended action shall be incorporated in the construction of each structure as a condition to the issuance of any building permit.

4. Geologic Report. When required by Section 23.202.070.F.2--ES-R Environmental Safety-Residential District (Reports Required), a geologic report in compliance with the Alquist-Priolo Earthquake Fault Zoning Act and related regulations shall be prepared by a certified engineering geologist, subject to the following requirements:

(a) Contents. The report shall identify, describe, and illustrate potential hazards of surface fault rupture, seismic shaking, liquefaction or landslide.

(b) Review Conditions. The report shall review of the local and regional seismic and other geological conditions that significantly affect the proposed use.

(c) Assessment. The report shall assess conditions on or near the site that would contribute to the potential for damage to a proposed use from a seismic or other geological event, or the potential for a new use to create adverse effects upon existing uses because of identified geologic hazards. The conditions assessed are to include, where applicable, rainfall, soils, slopes, water table, bedrock geology, and any other substrate conditions that may affect seismic response, landslide risk, or liquefaction potential.

(d) Recommendations. The report shall recommend building techniques, site preparation and mitigation measures, or setbacks necessary to reduce risks to life and structural damage to property.

5. Traffic Impact Study. When required by Section 23.202.070.F.2--ES-R Environmental Safety-Residential District (Reports Required), a traffic study shall be prepared by a qualified traffic engineer or transportation planner for any project that may generate new trips, subject to the following requirements:

(a) Content. The report shall identify, describe, and illustrate traffic, parking, and roadway conditions in the project vicinity including design characteristics, topography, parking and traffic regulation, accident rates, and pavement condition and width.

(b) Assessment. The report shall assess how the project will affect traffic operations and emergency access based on the size, use, and location, and the proposed site design including driveway locations, turn movements to and from the project site, surrounding uses, locations of nearby intersections, and potential to create unsafe traffic conditions.

(c) Recommendations. The report shall recommend measures to reduce the project’s impact on traffic safety including site design, location of parking and driveways, and off-site improvements necessary to ensure that the project would not exacerbate traffic safety problems in the area.

G. Projects in the Panoramic Hill Historic District.

1. Landmarks Preservation Commission Review.

(a) Before the Zoning Officer or the ZAB may take action on AUP or Use Permit for a project in the Panoramic Hill Historic District that involves new construction, exterior alteration, or demolition, the Zoning Officer shall submit the application to the Landmarks Preservation Commission for review and an advisory recommendation.

(b) The purpose of this review is to ensure that proposed buildings, structures, landscaping, and other architectural and site design features are compatible with the design and appearance of existing buildings and structures in the Panoramic Hill Historic District that have established and contribute to its significant character.

(c) This requirement is in addition to but does not supersede any authority or responsibility the Landmarks Preservation Commission has pursuant to Municipal Code Chapter 3.24--Landmarks Preservation Commission.

2. Parking Expansion. An AUP is required for any project in the Panoramic Hill Historic District that expands an existing parking area or structure or creates additional parking to comply with the requirements of Chapter 23.322--Parking and Loading.

3. Findings. To approve any project involving exterior alterations, construction, demolition or site plan revisions within the Panoramic Hill Historic District, the review authority must find that:

(a) The proposed work will not adversely affect the exterior architectural features of the subject property or the relationship between the subject structure or feature and its neighboring structures and surroundings, including facade, massing, scale, materials, setbacks, height, orientation, site design, and landscaping; and

(b) The proposed work will not detract from or adversely affect the special historical, architectural and aesthetic characteristics of the Panoramic Hill Historic District.

H. Development Standards.

1. Basic Standards. See Table 23.202-4: ES-R Development Standards.

2. Supplemental Standards. Supplemental development standards that apply in the ES-R district are noted in Table 23.202-4: ES-R Development Standards.

Table 23.202-4. ES-R DEVELOPMENT STANDARDS

Notes:

[1]Maximum building height of 35 ft. allowed with an AUP. See 23.202.070.H.5--ES-R Environmental Safety-Residential District (Height Increases) for findings.

[2]Height greater than 14 ft. up to 28 ft. allowed with a Use Permit. Height greater than 28 ft up to 35 ft allowed with an additional Use Permit. See 23.202.070.H.5 for findings.

3. Minimum Lot Area Per Dwelling Unit Exception. A legally-created lot less than 25,000 square feet may be developed in compliance with ES-R district requirements if, on the effective date of the regulations that made it substandard, it was in single ownership separate from any abutting lot under the same ownership.

4. Lots Under 5,000 Square Feet. Lots less than 5,000 square feet are allowed no more than one dwelling unit of no more than 1,000 square feet of gross floor area. Accessory Dwelling Units as defined in Section 23.306 (Accessory Dwelling Units) are not subject to this restriction.

5. Height Increases. To approve an AUP or Use Permit to allow an increase in building height, the review authority must find that the increased height is:

(a) Justified due to the topography of the site; and

(b) Consistent with the purposes of the ES-R district as stated in Section 23.202.070.A--ES-R Environmental Safety-Residential District (District Purpose).

6. Land Use Intensification. To approve any project that increases habitable floor area, increases the size or number of bedrooms, may increase vehicular trips in the area, or will otherwise intensify the use of land in the ES-R district, the review authority must find that the project individually or together with other projects within or adjacent to the ES-R district will not threaten the safety and general welfare of Panoramic Hill residents.

7. Nonconforming Uses and Structures.

(a) Additions and enlargements to structures that contain a nonconforming use are not permitted.

(b) Alteration, addition, or enlargement of a nonconforming structure that contains a conforming use is allowed provided that:

i. The project complies with Section 23.324.050.D--Nonconforming Structures and Buildings (Expansion); and

ii. All findings required for the project by the Zoning Ordinance can be made. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Residential Multi-Unit 2 (R-2) district is to:

1. Implement the General Plan by encouraging the development of residential areas with a range of housing types;

2. Make available housing for persons who desire a range of housing choice with useable open space; and

3. Provide objective standards to protect adjacent properties from unreasonable obstruction of light and air.

B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts.

C. Additional Permit Requirements. See Subsection A of Section 23.202.030 (Residential Additions) and Subsection B of 23.202.030 (Adding Bedrooms).

D. Development Standards.

1. Basic Standards. See Table 23.202-5: R-2 Development Standards, Table 23.202-6: R-2H Development Standards, Table 23.202-7: R-2H Setback and Building Separation Standards, and Table 23.202-8: R-2H Lot Coverage Standards for development standards in the R-2 district.

2. Supplemental Standards. Supplemental development standards that apply in the R-2 district are noted in Table 23.202-5: R-2 Development Standards, Table 23.202-6: R-2H Development Standards, Table 23.202-7: R-2H Setback and Building Separation Standards and Table 23.202-8: R-2H Lot Coverage Standards.

Table 23.202-5. R-2 DEVELOPMENT STANDARDS

Notes:

[1]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.

[2]Front and rear setbacks must add up to at least 20 feet.

Table 23.202-6. R-2H DEVELOPMENT STANDARDS

Notes:

[1]Average Building Height 35 ft. with an AUP.

[2]Average Building Height greater than 14 ft. up to 28 ft. allowed with an AUP. Average building height greater than 28 ft. up to 35 ft. allowed with an additional AUP.

[3]Maximum building height greater than 20 ft. allowed with an AUP pursuant to BMC 23.210.020(C)(2).

Table 23.202-7. R-2H SETBACK AND BUILDING SEPARATION STANDARDS

Table 23.202-8. R-2H LOT COVERAGE STANDARDS

(Ord. 8007-NS § 3, 2026; Ord. 7995-NS § 3, 2025; Ord. 7978-NS §§ 11 - 13, 2025; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Residential Multi-Unit 2A (R-2A) district is to:

1. Implement the General Plan by facilitating the development of residential areas characterized by a range of housing types;

2. Make available housing for persons who desire apartment-type accommodations with open space; and

3. Provide objective standards to protect adjacent properties from unreasonable obstruction of light and air.

B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts.

C. Additional Permit Requirements. See Subsection A of Section 23.202.030 (Residential Additions) and Subsection B of 23.202.030 (Adding Bedrooms).

D. Development Standards.

1. Basic Standards. See Table 23.202-9: R-2A Development Standards, Table 23.202-10 R-2AH Development Standards, Table 23.202-11: R-2AH Setback and Building Separation Standards, and Table 23.202-12: R-2AH Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-2A district are noted in Table 23.202-9: R-2A Development Standards, Table 23.202-10 R-2AH Development Standards, Table 23.202-11: R-2AH Setback and Building Separation Standards, and Table 23.202-12: R-2AH Lot Coverage Standards.

Table 23.202-9. R-2A DEVELOPMENT STANDARDS

Notes:

[1]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.

[2]Front and rear setbacks must add up to at least 20 feet.

Table 23.202-10. R-2AH DEVELOPMENT STANDARDS

Notes:

[1]One additional dwelling unit is allowed for a remaining lot area between 1,300 and 1,650 square feet.

[2]Average Building Height 35 ft. with an AUP.

[3]Average Building Height greater than 14 ft. up to 28 ft. allowed with an AUP. Average building height greater than 28 ft. up to 35 ft. allowed with an additional AUP.

[4]Maximum building height greater than 20 ft. allowed with an AUP pursuant to BMC 23.210.020(C)(2).

Table 23.202-11. R-2AH SETBACK AND BUILDING SEPARATION STANDARDS

Table 23.202-12. R-2AH LOT COVERAGE STANDARDS

(Ord. 8007-NS § 4, 2026; Ord. 7995-NS § 4, 2025; Ord. 7978-NS §§ 14 - 16, 2025; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Multiple-Family Residential (R-3) district is to:

1. Implement the General Plan by encouraging development of relatively high-density residential areas;

2. Make available housing for persons who desire both convenience of location and a reasonable amount of usable open space;

3. Protect adjacent properties from unreasonable obstruction of light and air;

4. Permit the construction of residential structures, such as dormitories, fraternity and sorority houses, boarding and rooming houses, which meet City requirements for this type of housing; and

5. Permit the construction of specialized care and treatment facilities such as senior congregate housing, nursing homes, and hospitals when such are not detrimental to the immediate neighborhood.

B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts.

C. Additional Permit Requirements. See Subsection A of Section 23.202.030 (Residential Additions) and Subsection B of Section 23.202.030 (Adding Bedrooms).

D. Design Review. Within the Southside Plan boundaries, all mixed-use and community and institutional use projects, as defined in Chapter 23.502 Glossary require Design Review. See Figure 23.202-1: R-3 Areas Subject to Design Review.

Figure 23.202-1. R-3 AREAS SUBJECT TO DESIGN REVIEW

[Figure]

E. Development Standards.

1. Basic Standards. See Table 23.202-11: R-3 Development Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-3 district are noted in Table 23.202-13: R-3 Development Standards.

Table 23.202-13. R-3 DEVELOPMENT STANDARDS

[1]One additional resident is allowed for remaining lot area between 200 and 350 square feet.

[2]Maximum 35 ft. with an AUP.

(Ord. 7995-NS § 5, 2025; Ord. 7978-NS §§ 17, 18, 2025; Ord. 7890-NS §§ 6, 7, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Multi-Family Residential (R-4) district is to:

1. Implement the General Plan by encouraging development of relatively high-density residential areas;

2. Make available housing for persons who desire both convenience of location and a reasonable amount of usable open space;

3. Protect adjacent properties from unreasonable obstruction of light and air;

4. Permit the construction of residential structures, such as residential hotels, which will provide housing opportunities for transient or seasonal residents; and

5. Permit the construction of institutional and office uses that are not detrimental to the immediate neighborhood.

B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts.

C. Additional Permit Requirements. See Section 23.202.030.A--Additional Permit Requirements (Residential Additions).

D. Design Review. All commercial and mixed-use projects in the R-4 district require Design Review.

E. Development Standards.

1. Basic Standards. See Table 23.202-14: R-4 Lot and Height Standards, Table 23.202-15: R-4 Setback and Building Separation Standards, and Table 23.202-16: R-4 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-4 district are noted in Table 23.202-14: R-4 Lot and Height Standards, Table 23.202-15: R-4 Setback and Building Separation Standards, and Table 23.202-16: R-4 Lot Coverage Standards.

Table 23.202-14. R-4 LOT AND HEIGHT STANDARDS

[1]One additional resident is allowed for remaining lot area between 200 and 350 square feet.

[2]Maximum 65 ft. and six stories allowed with Use Permit.

[3]Height greater than 16 ft. up to 35 ft. allowed with an AUP. Height greater than 35 ft. up to 65 ft. and six stories allowed with a Use Permit.

Table 23.202-15. R-4 SETBACK AND BUILDING SEPARATION STANDARDS

Table 23.202-16. R-4 LOT COVERAGE STANDARDS

(Ord. 7978-NS §§ 19 - 22, 2025; Ord. 7890-NS § 8, 2023; Ord. 7882-NS § 2, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the High-Density Residential (R-5) district is to:

1. Foster development of high-density, multi-story residential areas close to major shopping, transportation, and employment centers, in accordance with the General Plan;

2. Make available housing for persons who desire convenience of location and who require relatively small amounts of usable open space;

3. Assure adequate light, air, privacy and usable open space to promote and protect their physical and mental health;

4. Protect adjacent properties from unreasonable obstruction of light and air;

5. Permit the construction of residential structures, such as apartments and hotels, which provide housing opportunities for transient or seasonal residents; and

6. Permit the construction of institutional and office uses when such uses are not detrimental to the immediate neighborhood.

B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts.

C. Additional Permit Requirements. See Section 23.202.030.A--Additional Permit Requirements (Residential Additions).

D. Development Standards.

1. Basic Standards. See Table 23.202-17: R-5 Lot and Height Standards, Table 23.202-18: R-5 Setback and Building Separation Standards, and Table 23.202-19: R-5 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-5 district are noted in Table 23.202-17: R-5 Lot and Height Standards, Table 23.202-18: R-5 Setback and Building Separation Standards, and Table 23.202-19: R-5 Lot Coverage Standards.

Table 23.202-17. R-5 LOT AND HEIGHT STANDARDS

Notes:

[1]One additional person is allowed for remaining lot area between 100 and 175 square feet.

[2]Maximum 65 feet and 6 stories allowed with a Use Permit.

[3]Height greater than 18 ft. up to 40 ft. allowed with an AUP. Height greater than 40 ft. up to 65 ft allowed with a Use Permit.

Table 23.202-18. R-5 SETBACK AND BUILDING SEPARATION STANDARDS

Table 23.202-19. R-5 LOT COVERAGE STANDARDS

(Ord. 7978-NS §§ 23 - 26, 2025; Ord. 7890-NS § 9, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Residential Southside (R-S) district is to:

1. Implement General Plan and Southside Plan policy by encouraging relatively high and moderate-density, multi-story residential development close to major shopping, transportation, and employment centers;

2. Make housing available for persons who desire a convenient location with relatively small amounts of usable open space, yet assure adequate light, air, privacy and usable open space to promote and protect their physical and mental health;

3. Protect adjacent properties from unreasonable obstruction of light and air;

4. Permit the construction of residential structures, such as apartments, and residential hotels, which will provide housing opportunities for transient or seasonal residents;

5. Encourage the construction of new housing on vacant properties and surface parking lots;

6. Encourage the redevelopment of single-story structures that are not historically significant resources with more dense housing development; and

7. Protect and enhance historically and architecturally significant buildings by ensuring that new development and alterations complement their existing architectural character.

B. Allowed Land Uses. See Table 23.202-1: Allowed Land Uses in Residential Districts.

C. Additional Permit Requirements. See Section 23.202.030.A--Additional Permit Requirements (Residential Additions).

D. Design Review. All mixed-use and community and institutional projects, as defined in Chapter 23.502--Glossary, require Design Review.

E. Development Standards.

1. Basic Standards. See Table 23.202-20: R-S Development Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-S district are noted in Table 23.202-20: R-S Development Standards.

Table 23.202-20. R-S DEVELOPMENT STANDARDS

(Ord. 7978-NS §§ 27, 28, 2025; Ord. 7890-NS § 10, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

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

1. Implement General Plan and Southside Plan policy by encouraging high-density, multi-story residential development close to major shopping, transportation, and employment centers;

2. Make housing available for persons who desire a convenient location, but who require relatively small amounts of usable open space, yet assure adequate light, air, privacy and usable open space to promote and protect their physical and mental health;

3. Protect adjacent properties from unreasonable obstruction of light and air;

4. Permit the construction of residential structures, such as apartments and residential hotels, which will provide housing opportunities for transient or seasonal residents;

5. Permit the construction of institutional, neighborhood serving retail, and office uses when such uses are not detrimental to the immediate neighborhood;

6. Provide locations for relocation of office space from other locations in the Southside Plan area;

7. Encourage the construction of new housing and mixed-use development on vacant properties and surface parking lots;

8. Encourage the redevelopment of single-story structures that are not historically significant resources with housing and mixed-use development; and

9. Protect and enhance historically and architecturally significant buildings by ensuring that new development and alterations complement their existing architectural character.

B. Allowed Land Uses.

1. General. See Table 23.202-1: Allowed Land Uses in Residential Districts.

2. Commercial Uses.

(a) Any project that creates new commercial floor area requires a Use Permit. Creating new floor area includes constructing a new building or accessory building, adding floor area to an existing building, or installing a new floor or mezzanine level within or onto an existing building.

(b) Tenant space reconfiguration of an existing commercial building requires an AUP.

3. Food Product Stores. Food product stores are limited to 3,000 square feet in the R-SMU district.

C. Additional Permit Requirements. See Section 23.202.030.A--Additional Permit Requirements (Residential Additions).

D. Design Review. All commercial, mixed-use, and community and institutional use projects, as defined in Chapter 23.502--Glossary, require Design Review.

E. Development Standards.

1. Basic Standards.

(a) See Table 23.202-21: R-SMU Development Standards.

Table 23.202-21. R-SMU DEVELOPMENT STANDARDS

2. Supplemental Standards. Supplemental development standards that apply in the R-SMU district are noted in Table 23.202-19. (Ord. 7978-NS §§ 29, 30, 2025; Ord. 7890-NS § 11, 2023; Ord. 7850-NS § 3, 2023; Ord. 7830-NS § 1, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the BART Mixed-Use (R-BMU) district is to create vibrant, well-designed, and welcoming neighborhoods that address City of Berkeley priorities such as affordable housing, civic and public space, multi-modal transportation and site access, high-quality building and site design and architecture, and a mix of land uses that contributes positively to the community, and to establish zoning standards in compliance with AB 2923.

B. Definitions. For the purpose of this Section (23.202.150), the following definitions apply:

1. Dwelling Units per Acre. The quotient resulting from the total number of dwelling units on a site divided by the Lot Area.

C. Allowed Land Uses.

1. General. See Section 23.202.020 (Allowed Land Uses), which indicates identified allowed land uses and which are prohibited.

(a) The initial establishment of a land use in a new building will follow the R-BMU Master Development Plan process outlined in Section 23.202.150.G below.

(b) The change of use of an existing building or portion of a building will require the permits indicated in Section 23.202.020 and Table 23.202-1 for the R-BMU District.

(c) Any use not listed in Table 23.202-1 for the R-BMU District can be approved through the Master Development Plan process outlined in Section 23.202.150.G below for the initial establishment of a land use in a new building.

(d) Uses subject to supplemental regulations are shown in Table 23.202-1 with an asterisk (*) following the permit requirement (e.g., ZC*). The Use-Specific Regulations column in Table 23.202-1 identifies the location of these regulations in the Zoning Ordinance.

2. Group Instruction and Health and Fitness Facility. Group instruction and health and fitness facility uses are permitted at the Ashby BART station with a Zoning Certificate. Group instruction and health and fitness facility uses are permitted at the North Berkeley BART station with a Use Permit.

3. Office. At the Ashby BART station, office uses above the ground floor are permitted with a ZC. All other office uses in the R-BMU require a Use Permit.

D. Ground-floor Uses. See Table 23.202-22: Permitted Street-Facing Ground Floor Uses.

Table 23.202-22. PERMITTED STREET-FACING GROUND FLOOR USES

[1]Active uses are commercial uses in the following use categories: Retail; Personal and Household Services; Food and Alcohol Service, and Entertainment.

[2]Public entrances for non-residential uses fronting Tremont Street must be located on Woolsey Street.

[Figure]

a. Ashby BART Station Site

[Figure]

b. North Berkeley BART Station Site

E. Additional Permit Requirements. See Section 23.202.030 (Additional Permit Requirements).

F. Development Standards.

1. Basic Standards. See Table 23.202-23.

2. Supplemental Standards. Supplemental standards that apply in the R- BMU district are noted in Table 23.202-23.

Table 23.202-23. R-BMU DEVELOPMENT STANDARDS

[1]Private Usable Open Space may be provided as any combination of personal and common private space.

[2]50% of the Private Usable Open Space requirement may be fulfilled through the provision of an equal amount of additional Public Open Space.

[3]Building Height Measurement: In the case of a roof with a parapet wall, building height shall be measured to the top of the roof and parapets may exceed the height limits by up to five feet by right.

3. Additional Open Space Requirements.

(a) Definitions.

i. Private Usable Open Space: Outdoor space, including natural and landscaped ground areas, playgrounds, pools, patios, decks and balconies designed for active or passive recreational use and which are accessible to the occupants of a building on the same development. See also 23.304.090 (Usable Open Space) for standards.

ii. Public Open Space: Outdoor space, including natural and landscaped ground areas, playgrounds, pools, fountains, patios, decks designed for active or passive recreational use and which are accessible to the general public. Minimum dimensions for Public Open Spaces shall be 20’ in any direction and 400 square feet minimum.

(b) Public Space Design.

i. Land area made available for public access to and through the station, and on-site public amenities, may be offered as dedication to the City or may be owned and maintained by another party with dedication of a public access easement. Public Open Space must be accessible to the public during daylight hours and include signage indicating public access.

ii. Public spaces shall include site furnishings and design elements to encourage active or passive use.

iii. Public spaces shall have a direct, accessible connection to the public circulation network.

iv. Adjacent publicly owned space may contribute to the minimum public space requirement for the project, if it is designed, integrated and maintained as part of the project and complies with all other requirements for public space design identified in this section 23.202.150.F.3.b.

(c) Rooftop Open Space. Rooftops may be utilized as Private Usable Open Space or Public Open Space meeting the requirements of 23.202.150.F.3.a (Additional Open Space Requirements--Definitions). Rooftop space designated Public Open Space must also meet the requirements of 23.202.150.F.3.b (Public Space Design). No more than 25% of Public Open Space requirements can be met with Rooftop Open Space, and such Public Open Space must be independently accessible from the public circulation network.

4. Front Setbacks.

(a) Setbacks are not required at Martin Luther King Jr. Way, Adeline Street, Sacramento Street.

(b) Setbacks along all other frontages along public rights-of-way and internal publicly accessible pathways shall range from 5 feet (minimum) to 15 feet (maximum) for at least 50 percent of any building’s linear street frontage, including all frontages within 50 lineal feet of an intersecting corner.

5. Front Upper-Story Step-backs. Any street-facing building frontage above four stories in height that is not within 100 linear feet of Sacramento Street, Adeline Street, Ashby Avenue, or Martin Luther King Jr. Way, shall step back from the property line for portions of the building above four stories.

6. Ground-floor Residential Frontage. For ground-floor residential uses, outward facing building entrances may include any of the following: stoops, front doors, courtyard and forecourt entrances, ramped or at-grade universally accessible entries, outward-facing and visually permeable lobby entrances, or other outward-facing residential entrance, with transition spaces from private frontages to public spaces.

7. Ground-floor Non-Residential Frontage. For ground-floor non-residential uses, outward-facing building entrances and activation strategies may include outdoor seating, dining, display spaces, performance spaces, public art, architectural detailing, and extensions of the public sidewalk.

8. Frontage Improvements. Any area between a building and the front property line, or any area between a building and on-site public space or the public circulation network, shall be improved as part of a wider sidewalk, outdoor seating area, outdoor dining area, yard area, landscaping, or other usable open space.

9. On-site Pedestrian Access. Pedestrian accessways shall be provided for all new construction and for additions of 10,000 square feet or more of gross floor area in accordance with the following standards:

(a) Internal Connections. A system of publicly accessible pedestrian walkways (e.g. public sidewalks) shall connect all buildings on a site to each other, to on-site bicycle and automobile parking and drop-off areas, to any on-site open space areas or pedestrian amenities, and to the publicly accessible pedestrian circulation network.

(b) To the Public Circulation Network. A publicly accessible on-site walkway shall connect the building lobby entry or entries on each street or on-site pathway frontage to the public pedestrian circulation network. Connections to publicly accessible on-site walkways provided at least every 300 feet along portions of the development site perimeter that are adjacent to public rights-of-way.

(c) To Neighbors. Publicly accessible pedestrian access shall be provided from residential and commercial building entrances and public space to adjoining residential and commercial areas.

(d) To Transit. Publicly accessible pedestrian connections from the public circulation network shall be provided to all transit stops and entrances including elevators outside the station.

(e) Illumination. All publicly accessible pedestrian connections shall include nighttime illumination pursuant to Ordinance N.S.-7424.

10. Transparency.

(a) Required Openings. Ground-level exterior walls facing and within 20 feet of a front lot line or publicly accessible pathway or Public Open Space shall run in a continuous plane for no more than 30 feet without a window, door, or other similar building opening.

(b) Non-Residential Transparency. For non-residential ground-floor uses facing a front lot line, publicly accessible pathway or Public Open Space, a minimum of 50% of the building wall area located between three and seven feet above ground level shall be transparent with a visible light transmittance of not less than 80%.

11. Building Entrances.

(a) Minimum Number of Entrances Required. There shall be a minimum of at least one building entrance at an average distance of 50 linear feet of ground-floor non-residential building frontage, and at least one building lobby entrance for every 200 feet of ground-floor residential building frontage.

(b) Ground Floor Residential Entries. All ground floor residential units shall provide entries to the street in the form of stoops or other exterior entries, or balcony or patio without entrance to the street, with a minimum area of 20 square feet.

(c) Separate Entrances Required. Buildings containing a mix of residential and non-residential uses shall provide separate building entrances for each major use category. Amenity areas such as exercise rooms do not require separate building entrances from the primary use.

(d) Entrance Orientation. Principal building entrances shall face a public street, publicly accessible pathway, or Public Open Space.

(e) Illumination. Building entries and addresses shall be illuminated to provide nighttime visibility from adjacent streets, public accessways, and common areas.

12. Ground-Floor Non-Residential Space Dimensions. The minimum ground floor height for non-residential uses is 15 feet, as measured from the ground level floor to the first floor above.

13. Parking Design and Access.

(a) Unbundled Parking Required. All parking spaces shall be leased separately from the residential unit or commercial space except where prohibited by affordable housing financing sources.

(b) Structured Parking Required. All new off-street parking shall be located within an enclosed structure, with the exception of curb-side pickup and drop-off, curb-side metered parking, ADA parking, or small-scale surface parking for security and station operations and maintenance purposes only.

(c) Structured Parking Design. Parking garages shall be located underground or located behind conditioned building space at any adjacent street, sidewalk, or other publicly accessible accessway or open space. Conditioned building space is not required along shared interior lot lines of abutting parcels.

(d) Vehicular Entry. Parking garage vehicular entrances facing the street shall be no more than 20 feet wide.

(e) Pedestrian Entry. Parking garage pedestrian entrances shall be provided at-grade, connecting directly to the public pedestrian circulation network, on each street-facing frontage.

(f) Light Screening. Parking garages shall be designed such that interior lighting is fully shielded and automobile headlamps are not visible from adjacent buildings, parcels, streets, public parks, publicly accessible outdoor space or designated open space area.

14. Mitigation Measures. Projects under this section are subject to applicable measures identified in the adopted Mitigation Monitoring and Reporting Program of the Ashby and North Berkeley BART Stations Transit-Oriented Development Zoning Project Final EIR.

G. BART Mixed Use District Master Development Permit (MDP).

1. Purpose of the R-BMU District Master Development Permit (MDP) process. The purpose of these provisions is to prescribe the procedure for the review of initial development on parcels in the R-BMU District, in order to allow for the predictable buildout of the sites over time and achieve a high standard of affordability, site and building design that fulfills the City and BART Joint Vision and Priorities for the Ashby and North Berkeley BART Station Areas relating to:

•Affordable Housing

•Public and Civic Space

•Land Use

•Building Form and;

•Station Access.

2. Applicability of the Ashby and North Berkeley BART Master Development Permit (MDP). These provisions shall apply to all land within the R-BART Mixed Use District.

3. Preliminary Development Plan. The preliminary development plan shall include, at a minimum, the following:

(a) A plan of the entire development, defined as either the North Berkeley BART Station Area or Ashby BART Station Area, showing the items listed below. Such development plan shall include maps and information on the surrounding area within one hundred (100) feet of the development. All elements listed in this paragraph shall be characterized as existing or proposed, and sufficiently detailed to indicate intent and impact.

•Streets, driveways, sidewalks and pedestrian ways, and off-street parking and loading areas;

•Location and approximate dimensions of structures;

•Utilization of structures, including activities and the number of living units;

•Estimated population;

•Reservations for public uses, including schools, parks, playgrounds, and other open spaces;

•Placement of above-ground utilities such as electrical transformers, vents, and other mechanical equipment;

•Major landscaping features;

•Relevant operational data; and

•Drawings and elevations clearly establishing the scale, character, and relationship of buildings, streets, and open spaces.

(b) A table demonstrating that the plan meets the development standards set forth in Section 23.202.150.F and the other requirements of this Chapter, including compliance with any Objective Development Standards.

(c) A development phasing plan describing the order in which various portions of the development will be built, along with a proposed schedule for such phases.

4. Notice of Application and Public Hearing for Preliminary Development Plan.

(a) Preliminary Development Plans shall be reviewed by the Zoning Adjustments Board, the decisions of which are appealable to the City Council.

(b) The public notice and hearing process for a Master Development Permit shall be the same as for Use Permits as defined in BMC Section 23.404, except that notice shall be mailed or delivered to all businesses, residents and owners of property located within five hundred (500) feet of the subject property.

(c) The Board shall determine whether the proposal conforms to the permit criteria set forth in Section 23.202.150.G.8, and may approve or disapprove the application and the accompanying Preliminary Development Plan or require such changes therein or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said criteria and regulations. In so doing, the Board may, in its discretion, authorize submission of the Final Development Plan in stages corresponding to different units or elements of the development. It may do so only upon evidence assuring completion of the entire development in accordance with the Preliminary Development Plan and staged development schedule.

5. Final Development Plan. The applicant shall file with the Planning and Development Department a Final Development Plan for one or more of the phases identified in the Preliminary Development Plan.

(a) The Final Development Plan shall conform in all major respects with the approved Preliminary Development Plan and shall include the following additional information:

•Location of water, sewerage, and drainage facilities;

•Detailed building and landscaping plans and elevations;

•A maintenance plan for Open Space;

•Character and location of signs;

•Plans for street improvements; and

•Grading or earth-moving plans.

The Final Development Plan shall be sufficiently detailed to indicate the ultimate operation and appearance of the development, including compliance with the Objective Development Standards. Final Development Plans shall be reviewed by the Zoning Adjustments Board.

(b) The public notice and hearing process for a Final Development Plan shall be the same as for Use Permits as defined in BMC Section 23.406.040, except that notice shall be mailed or delivered to all businesses, residents and owners of property located within five hundred (500) feet of the subject property.

6. City Engineer’s Report. Within thirty (30) days after the filing of the Final Development Plan, the Zoning Officer shall forward it to the City Engineer for review of public improvements, including streets, sewers, and drainage. The Zoning Adjustments Board shall not act on a Final Development Plan until it has first received a report from the City Engineer or until more than thirty (30) days have elapsed since the plan and application were sent to the City Engineer, whichever is the shorter period.

7. Appeal to Council. The process for appeal to Council for a Master Development Permit, Preliminary Development Plan and/or Final Development Plan shall be the same as for Use Permits as defined in BMC Chapter 23.410.

8. Findings.

(a) That the location, design, size, and uses are consistent with the General Plan and with any other applicable plan, development control map, design guidelines, or ordinance adopted by the City Council;

(b) That the location, design, and size are consistent with the City of Berkeley and San Francisco Bay Area Rapid Transit District (BART) Joint Vision and Priorities document for the Ashby and North Berkeley BART Station Areas adopted by the City Council and the BART Board of Directors.

9. Adherence to the Approved Plan and Modification. Variations of up to ten percent (10%) from any numerical or non-numerical standard set forth on the Master Development Permit may be authorized by the Zoning Officer through an Administrative Use Permit. Variations of more than ten (10%) percent may be authorized by a Master Development Plan permit modification by the Zoning Adjustments Board.

10. Revocation of Permits. If a Final Development Plan for an initial portion of a site has not been submitted within 10 years after approval of the applicable Master Development Plan for all or a majority portion of the site, the City Council may revoke the approval of the remainder of the Master Development Permit. If Final Development Plans for the entirety of a site have not been submitted within 20 years after approval of the applicable Master Development Permit, the City Council may revoke the remainder of the Master Development Permit. (Ord. 7978-NS §§ 31 - 34, 2025; Ord. 7898-NS § 2, 2024; Ord. 7890-NS §§ 12, 13, 2023; Ord. 7850-NS §§ 4 — 12, 2023; Ord. 7815-NS § 5, 2022)