Berkeley Municipal Code Ch. 23.204 Commercial Districts

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

A. Allowed Land Use Table. Table 23.204-1: Allowed Uses in the Commercial Districts identifies allowed land uses and required permits in the Commercial 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 23.204-1 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 23.204-1. Allowed Uses in the Commercial Districts

Notes:

[1]Require a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area.

[2]Requires a Use Permit if more than 10,000 sq. ft.

B. Unlisted Land Uses. Any use not listed in Table 23.204-1: Allowed Uses in the Commercial Districts 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 23.204-1: Allowed Uses in the Commercial Districts with an asterisk (*) following the permit requirement (e.g., ZC*). The Use-Specific Regulations column in Table 23.204-1 identifies the location of these regulations in the Zoning Ordinance. (Ord. 8000-NS § 1, 2026; Ord. 7996-NS § 1, 2026; Ord. 7978-NS § 35, 2025; Ord. 7955-NS § 4, 2025; Ord. 7945-NS § 1, 2024; Ord. 7898-NS § 3, 2024; Ord. 7890-NS § 14, 2023; Ord. 7882-NS § 3, 2023; Ord. 7850-NS § 13, 2023; Ord. 7838-NS § 2, 2022; Ord. 7830-NS § 2, 2022; Ord. 7810-NS § 2, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. New Floor Area.

1. When Permit is Required. A project that creates new floor area for any use requires permits as shown in Table 23.204-2: New Floor Area Permit Requirements. Creation of new floor area includes:

(a) Construction of new main buildings or accessory buildings;

(b) Additions to existing buildings; or

(c) The installation of new floor or mezzanine levels within or onto existing buildings.

Table 23.204-2. NEW FLOOR AREA PERMIT REQUIREMENTS

2. C-DMU Findings. To approve a Use Permit for new floor area in the C-DMU district, the ZAB must find that:

(a) The addition or new building is compatible with the visual character and form of the district; and

(b) No designated landmark structure, structure of merit, or historic district in the vicinity would be adversely affected by the appearance or design of the proposed addition.

3. C-W Findings. To approve an AUP or Use Permit for new floor area in the C-W district, the review authority must find that the new use or structure provides an intensity of development which does not underutilize the property.

4. C-AC Findings. To approve a Use Permit for new floor area in the C-AC district, the review authority must find that the proposed use or structure will:

(a) Be compatible with the purposes of the District;

(b) Be compatible with the design and character within the District and the adjacent residential neighborhoods;

(c) Encourage utilization of public transit and off-street parking facilities in the area of the proposed building; and

(d) If a new residential development, that the proposed use or structure facilitates construction of affordable housing as defined by the US Department of Housing and Urban Development (HUD) Guidelines.

B. Tenant Space Reconfiguration.

1. Reconfiguration of tenant space in an existing building requires a permit as listed in Table 23.204-3: Tenant Space Reconfiguration Permit Requirements.

2. 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 23.204-3. TENANT SPACE RECONFIGURATION PERMIT REQUIREMENTS

C. Major Residential Additions.

1. Where Allowed/Required Permits.

(a) Major residential additions in the C-W district require an AUP.

(b) No additional permits are required for major residential additions in all other C districts.

2. Findings. To deny an AUP for a major residential addition in the C-W district, the review authority must find that although the proposed major residential addition satisfies all other standards of the Zoning Ordinance, the addition would unreasonably obstruct sunlight, air, or views.

D. 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.

E. 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.

F. 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 any commercial 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 § 9, 2026; Ord. 7981-NS § 4, 2025; Ord. 7830-NS § 3, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Commercial Recreation Centers. See Table 23.204-4: Commercial Recreation Center Permit Requirements for commercial recreation centers in the Commercial Districts.

Table 23.204-4. COMMERCIAL RECREATION CENTER PERMIT REQUIREMENTS

B. Transparency Requirement for Office Uses. When office uses shown in Table 23.204-6: Office Uses Subject to Transparency Requirement are located on the ground floor adjacent to a street frontage, storefront windows shall either:

1. Include a storefront window display; or

2. Be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

Table 23.204-6. OFFICE USES SUBJECT TO TRANSPARENCY REQUIREMENT

C. Department Stores. Table 23.204-7: Department Store Permit Requirements shows permits required for department stores in the Commercial Districts.

Table 23.204-7. DEPARTMENT STORE PERMIT REQUIREMENTS

D. Drugstores. The following requirements apply to drugstores in the C-N, CE, C-NS, and C-SO districts.

1. Where Prohibited. A new or expanded drugstore is not permitted if it is:

(a) Over 5,000 square feet in gross floor area; and

(b) Within 1,000 feet of any property containing an existing drugstore.

2. Measurement of Distance. Distances between drugstores are measured by a straight line from the nearest point of the property line of the parcel on which the drugstore is proposed to the nearest point of the lot line of the lot on which the nearest drugstore is located.

E. Microbes or Biological Agents. See Section 23.302.020(E). (Ord. 7945-NS § 2, 2024; Ord. 7898-NS § 4, 2024; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Corridor Commercial (C-C) district is to:

1. Implement the General Plan’s designations for Avenue Commercial areas;

2. Provide locations for a wide variety of activities along thoroughfares;

3. Encourage development in underutilized neighborhood and community shopping areas; and

4. Promote development compatible with adjacent commercial and residential areas.

B. Allowed Land Uses. See Table 23.204-1: Allowed Uses in the Commercial Districts.

C. Additional Permit Requirements. See Section 23.204.030--Additional Permit Requirements.

D. Development Standards.

1. Basic Standards. See Table 23.204-8: C-C Development Standards. For residential-only projects, see also Table 23.204-9: C-C Setbacks and Building Separation for Residential-Only Uses and Table 23.204-10: C-C Lot Coverage Standards for Residential-Only Uses.

2. Lots Abutting or Confronting a Residential District. See Section 23.304.130--Non-Residential Districts Abutting a Residential District for additional building feature requirements for lots that abut or confront a Residential District.

Table 23.204-8. C-C DEVELOPMENT STANDARDS

Notes:

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

[2]Minimum open space for mixed use projects can be reduced with a UP(PH). See 23.204.050.D.3.

[3]In mixed use buildings, the third and higher stories must be used for residential purposes.

[4]The maximum height of a mixed use project can be increased to 50 ft and 4 stories with the issuance of a UP(PH).

Table 23.204-9. C-C SETBACKS AND BUILDING SEPARATION FOR RESIDENTIAL-ONLY USES

[1]Development standards included in this table may be modified with a UP(PH). See 23.204.050.D.3.

Table 23.204-10. C-C LOT COVERAGE STANDARDS FOR RESIDENTIAL-ONLY USES

[1]Development standards included in this table may be modified with a UP(PH). See 23.204.050.D.3.

3. Modification to Standards--Mixed-Use Open Space and Residential-Only Projects.

(a) The ZAB may modify the following standards with a Use Permit:

i. Minimum usable open space for mixed use projects shown in Table 23.204-8.

ii. Any standard for residential-only projects in Table 23.2049-9 and Table 23.204-10.

(b) To approve the modification, the ZAB must find that the modification achieves one or more of the following:

i. Encourages use of the ground floor for commercial purposes where appropriate.

ii. Encourages utilization of public transit and existing off-street parking facilities in the area of the proposed building.

iii. Facilitates the construction of residential or tourist hotel uses where appropriate.

iv. Permits consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose.

E. Permit Findings. To approve any AUP or Use Permit for a project in the C-C district, the review authority must make the findings in Section 23.406.040--Use Permits and find that the proposed use or structure:

1. Is compatible with the purpose of the district;

2. Is compatible with the surrounding uses and buildings;

3. Does not interfere with the continuity of retail and service facilities at the ground level; and

4. Does not exceed the amount and intensity of use that can be served by the available traffic capacity and potential parking supply. (Ord. 7835-NS § 1, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the C-U University Commercial district is to:

1. Implement the General Plan’s designations for Avenue Commercial areas;

2. Provide locations for a wide variety of activities along thoroughfares;

3. Encourage development in underutilized neighborhood and community shopping areas; and

4. Promote development compatible with adjacent commercial and residential areas.

5. Implement the University Avenue Strategic Plan by:

(a) Increasing public safety for residents, merchants, and customers;

(b) Revitalize the University Avenue corridor through appropriate economic development and housing;

(c) Protecting and improving neighborhood quality of life;

(d) Encourage more pedestrian-oriented development and an appropriate mix of uses to improve neighborhood identity;

(e) Enhancing University Avenue as a gateway to the city, a series of neighborhoods, and the downtown;

(f) Coordinating and enhance public transit systems, pedestrian access, and bicycle circulation; and

(g) Encouraging a concentration of commercial activity at the designated nodes.

B. Allowed Land Uses.

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Alcoholic Beverage Retail Sales. Alcoholic beverage retail sales are allowed in the C-U district only in conjunction with a restaurant or general food product store.

3. Residential Uses.

(a) Ground Floor Residential Uses. Ground floor residential uses, including leasing and management offices and other similar resident-serving uses, require a Use Permit.

(b) University Avenue Node Area. In the University Avenue Node Area shown in Figure 23.204-1: C-U District Sub-Areas, new residential uses must be integrated with non-residential uses in a mixed-use development.

(c) Outside of Node Area. Single use residential projects are permitted outside of the University Avenue Node Area with a Use Permit.

Figure 23.204-1. C-U DISTRICT SUB-AREAS

[Figure]

C. Additional Permit Requirements. See Section 23.204.030--Additional Permit Requirements.

D. Development Standards.

1. Basic Standards. See Table 23.204-11: C-U Development Standards and Table 23.204-12: C-U Setback Standards. For residential-only projects, see also Table 23.204-13: C-U Setback and Building Separation Standards for Residential Only Uses and Table 23.204-14: C-U Lot Coverage Standards for Residential-Only Uses. See Figure 23.204-1 for C-U district sub-area boundaries.

Table 23.204-11. C-U DEVELOPMENT STANDARDS

Notes:

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

[2]In mixed-use buildings, the third and higher floors must be used for residential purposes.

[3]Minimum usable open space for mixed use and exclusive residential uses may be modified with a UP(PH). See 23.204.060.D.3.

Table 23.204-12. C-U SETBACK STANDARDS

Notes:

[1]A maximum setback of 10 feet is only permitted for landscaping that enhances the streetscape and provides privacy for residential units on the first floor.

[2]See 23.304.030(C)(2)(b) (Modifications in Commercial Districts) for allowed reductions.

[3]If a lot fronting a side street is consolidated into a single project with the adjacent University Avenue-fronting lot, the project must conform to the setback standards in this table.

Table 23.204-13. C-U SETBACK AND BUILDING SEPARATION STANDARDS FOR RESIDENTIAL ONLY USES[1]

Notes:

[1]Development standards included in this table may be modified with a UP(PH). See 23.204.060.D.3

[2]Setback area must be used to accommodate landscaping that enhances the streetscape and provides a sense of privacy for residential units on the first floor.

Table 23.204-14. C-U LOT COVERAGE STANDARDS FOR RESIDENTIAL-ONLY USES

[1]Development standards included in this table may be modified with a UP(PH). See 23.204.060.D.3.

2. Lots Abutting or Confronting a Residential District.

(a) See 23.304.030.C.2--Setbacks (Lots Adjacent to Residential Districts) for additional setback and building feature requirements for lots:

i. With a front lot line on University Avenue; and

ii. That abut or confront a residential district.

(b) If the front lot line is not on University Avenue, 23.304.030.C.2--Setbacks (Lots Adjacent to Residential Districts) does not apply.

3. Modification to Standards--Mixed-Use Open Space and Residential-Only Projects.

(a) The ZAB may modify the following standards with a Use Permit:

i. Minimum usable open space for mixed use projects and exclusive residential uses in Table 23.204-11.

ii. Any standard for residential-only projects in Table 23.204-13 and Table 23.204-14.

(b) The approve the modification, the ZAB must find that the modification achieves one or more of the following:

i. Encourages use of the ground floor for commercial purposes where appropriate.

ii. Encourages utilization of public transit and existing off-street parking facilities in the area of the proposed building.

iii. Facilitates the construction of residential or tourist hotel uses where appropriate.

iv. Permits consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose.

4. Rear Yard Setbacks--South Side of University Avenue--Allowed Reduction.

(a) For projects on the south side of University Avenue, the ZAB may reduce the required rear setbacks in Table 23.204-12 with a Use Permit to at least six feet on the ground floor.

(b) The ZAB may allow the reduction only if the square footage added on the ground floor is used to increase the average 20-foot setback on upper stories to facilitate the privacy of abutting residentially-zoned lots.

5. Solar Access. Buildings on the north side of University Avenue may not cast a shadow at noon more than 20 feet onto any lot in a residential district as calculated when the sun is at a 29-degree angle above the horizon (winter solstice).

6. Ground Floor Commercial Uses--Standards.

(a) All mixed use and non-residential projects shall provide ground floor commercial uses as shown in Table 23.204-15: C-U Ground Floor Commercial Use Standards. See Figure 23.204-1 for C-U district subarea boundaries.

Table 23.204-15. C-U GROUND FLOOR COMMERCIAL USE STANDARDS

Notes:

[1]Calculated as percent of project land area.

[2]Calculated as percent of project’s University Avenue frontage.

[3]Calculated as percentage of minimum required ground floor commercial floor area.

(b) Ground level commercial space shall be designed to allow for the space to be easily divided or assembled.

7. Ground Floor Commercial Uses--Minimum Floor Area Reductions.

(a) The ZAB may allow a reduction in the minimum required floor area to no less than indicated in Table 23.204-15 with a Use Permit for projects on lots that are:

i. Less than 7,500 square feet; and

ii. Without side street access (internal lots).

(b) To approve the reduction, the ZAB must find that:

i. Parking cannot be efficiently provided at grade and project parking conflicts with the requirement for ground floor commercial space;

ii. The reduced commercial area will result in a project with an enhanced commercial configuration; and

iii. The reduced commercial area promotes pedestrian-oriented activity along University Avenue through the mix of commercial uses, and/or the commercial uses will remain open beyond standard business hours, such as into the evening and on weekends, and the uses will be visible from University Avenue frontage.

8. Ground Floor Commercial Uses--Minimum Frontage Reduction. The ZAB may allow a reduction in the minimum required frontage requirement along University Avenue as shown in Table 23.204-15 with a Use Permit upon finding that the minimum frontage requirement conflicts with:

(a) Minimum project site egress requirements;

(b) Minimum required driveway access to parking areas; or

(c) Project utility needs.

9. Parking Areas for Residential-Only Projects. All residential-only projects shall limit ground level parking uses directly fronting on University Avenue to no more than 25 percent of the project’s University Avenue frontage. All parking garage walls adjacent to University Avenue or side streets shall be articulated through design elements or material detailing to avoid blank walls extending more than 12 feet along the University Avenue or side street frontage.

10. Open Space. Projects shall provide open space features as shown in Table 23.204-16: C-U Open Space Features to enhance project entries and the University Avenue frontage.

Table 23.204-16. C-U OPEN SPACE FEATURES

Notes:

[1]Calculated as percentage of minimum resident-serving open spaced required by Section 23.304.090--Usable Open Space. Open space must be accessible to building occupants.

[2]Calculated percentage of project land area.

11. Sidewalk/Curb and Gutter. Projects shall provide sidewalk, curb and gutter, and street corner bulb-out improvements as necessary to comply with the current City standards.

12. Sidewalk Amenities. Projects shall provide sidewalk amenities as necessary to comply with the current City standards. Required improvement may include:

(a) Pedestrian-scaled lighting to illuminate the sidewalk areas;

(b) New street trees and grates; and

(c) Benches and bicycle racks.

E. Permit Findings. To approve an AUP or Use Permit for a project in the C-U district, the review authority must make the findings in Section 23.406.040 (Use Permits) and find that the proposed use or structure:

1. Is compatible with the purpose of the district;

2. Is compatible with the surrounding uses and buildings;

3. Does not interfere with the continuity of retail and service facilities at the ground level; and

4. Does not exceed the amount and intensity of use that can be served by the available traffic capacity and potential parking supply. (Ord. 7882-NS § 4, 2023; Ord. 7850-NS § 14, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Neighborhood Commercial (C-N) district is to:

1. Implement the General Plan’s designations for Neighborhood Commercial areas;

2. Provide locations for uses supplying convenience goods and services for residents of the immediate area;

3. Provide locations for other activities compatible with allowed commercial uses;

4. Minimize traffic and parking problems for the adjacent residential areas; and

5. Promote compatibility between commercial areas and nearby residential areas.

B. Allowed Land Uses. See Table 23.204-1: Allowed Uses in the Commercial Districts.

C. Additional Permit Requirements. See Section 23.204.030 (Additional Permit Requirements).

D. Development Standards.

1. Basic Standards. See Table 23.204-17: C-N Development Standards. For residential-only projects, see also Table 23.204-18: C-N Setback and Building Separation Standards for Residential-Only Uses and Table 23.204-19: C-N Lot Coverage Standards for Residential-Only Uses.

Table 23.204-17. C-N DEVELOPMENT STANDARDS

Notes:

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

[2]Minimum open space for mixed use projects can be modified with a UP(PH). See 23.204.070.D.3.

[3]In mixed use buildings, the third and higher stories must be used for residential purposes.

Table 23.204-18. C-N SETBACK AND BUILDING SEPARATION STANDARDS FOR RESIDENTIAL-ONLY USES

[1]Development standards included in this table can be modified with a UP(PH). See 23.204.070.D.3.

Table 23.204-19. C-N LOT COVERAGE STANDARDS FOR RESIDENTIAL-ONLY USES

[1]Development standards included in this table can be modified with a UP(PH). See 23.204.070.D.3.

2. Lots Abutting or Confronting a Residential District. See Section 23.304.130--Non-Residential Districts Abutting a Residential District for additional building feature requirements for lots that abut or confront a Residential District.

3. Modification to Standards--Mixed-Use Open Space and Residential-Only Projects.

(a) The ZAB may modify the following standards with a Use Permit:

i. Minimum usable open space for mixed use projects shown in Table 23.204-17: C-N Development Standards.

ii. Any standard for residential-only projects in Table 23.204-18: C-N Setback and Building Separation Standards for Residential-Only Uses and Table 23.204-19: C-N Lot Coverage Standards for Residential-Only Uses.

(b) To approve the modification, the ZAB must find that the modification achieves one or more of the following:

i. Encourages use of the ground floor for commercial purposes where appropriate.

ii. Encourages utilization of public transit and existing off-street parking facilities in the area of the proposed building.

iii. Facilitates the construction of residential or tourist hotel uses where appropriate.

iv. Permits consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose.

E. Permit Findings. To approve any AUP or Use Permit for a project in the C-N district, the review authority must make the findings in Section 23.406.040--Use Permits and find that the proposed use or structure:

1. Is compatible with the purpose of the district;

2. Is compatible with the surrounding uses and buildings;

3. Does not interfere with the continuity of retail and service facilities at the ground level; and

4. Does not exceed the amount and intensity of use that can be served by the available traffic capacity and potential parking supply. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Elmwood Commercial (C-E) district is to:

1. Implement the General Plan’s designation for a community commercial district in this area;

2. Maintain a scale and balance of retail goods and services in the district to compatibly serve the everyday needs of surrounding neighborhoods by:

(a) Providing locations for retail goods and service establishments to serve surrounding neighborhoods;

(b) Preventing development which exceeds the amount and intensity of use that is compatible with adjacent residential neighborhoods;

(c) Limiting the space occupied by businesses that generate high traffic and/or parking demands;

(d) Controlling the proliferation of establishments which, if not limited, might expand to displace establishments needed to serve surrounding neighborhoods; and

(e) Permitting other uses which serve this objective; and

3. Ensure that new buildings, alterations, and additions to existing buildings harmonize with their surroundings.

B. Land Use Regulations.

1. Allowed Land Uses. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Size Limitations.

(a) Table 23.204-20 shows land uses subject to size limitations in the C-E district.

Table 23.204-20. C-E LAND USE NUMBER AND SIZE LIMITATIONS

(b) The ZAB may allow a use to exceed the limitations in Table 23.204-20 with a Use Permit upon finding that:

i. The use will result in the positive enhancement of the purposes of the district; and

ii. The use is likely to experience substantial patronage by surrounding residents as indicated by neighborhood resident support, merchant support, marketing surveys, or other information.

3. Incidental Wholesale Activities. In the C-E district, wholesale activities incidental to a primary use require permits as follows:

(a) Six or fewer employees: Zoning Certificate.

(b) Seven or more employees: AUP.

(c) New construction: Use Permit.

C. Additional Permit Requirements. See Section 23.204.030 (Additional Permit Requirements).

D. Development Standards.

1. Basic Standards. See Table 23.204-21: C-E Development Standards. For residential-only projects, also see Table 23.204-22: C-E Setback and Building Separation Standards for Residential-Only Uses and Table 23.204-23: C-E Lot Coverage Standards for Residential-Only Uses.

Table 23.204-21. C-E DEVELOPMENT STANDARDS

Notes:

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

[2]Open space requirements for mixed use projects may be modified by the ZAB. See 23.204.080.D.3

[3]A basement level devoted exclusively to parking is not counted as a story.

Table 23.204-22. C-E SETBACK AND BUILDING SEPARATION STANDARDS FOR RESIDENTIAL-ONLY USES

Table 23.204-23. C-E LOT COVERAGE STANDARDS FOR RESIDENTIAL-ONLY USES

2. Lots Abutting or Confronting a Residential District. See 23.304.130 (Non-residential Districts Abutting a Residential District) for additional building feature requirements for lots that abut or confront a Residential District.

3. Modifications to Standards--Mixed Use Open Space. The ZAB may modify the usable open space requirement shown in Table 23.204-21 for mixed-use projects by finding that the modification achieves one or more of the following:

(a) The modification encourages and maintains the present street frontage and pedestrian orientation of the district.

(b) The modification is compatible in design and character with the commercial district and the adjacent residential neighborhoods.

(c) The modification is compatible with the purposes set forth in Section 23.204.080.A (District Purpose) and the existing character of the district.

4. Ground Floor Residential Uses. A ground floor residential use must be setback at least 20 feet from a property line along College or Ashby Avenue.

5. Projections into Right-of-Way.

(a) Bay windows and balconies 11 feet or more above the sidewalk grade may project 3 feet into a street right-of-way.

(b) A maximum 60 percent of the length of a building frontage may project beyond the property line.

(c) All projections require a revocable encroachment permit from the City Council.

E. Permit Findings. To approve an AUP or Use Permit for a project in the C-E district, the review authority must make the findings in Section 23.406.040 (Use Permits) and find the following:

1. The proposed use or structure will:

(a) Encourage and maintain the present street frontage and pedestrian orientation of the district;

(b) Be compatible in design and character with the commercial district and the adjacent residential neighborhoods; and

(c) Be compatible with the purposes set forth in Section 23.204.080.A (District Purpose) and the existing character of the district.

2. The proposed use or structure will not:

(a) Interfere with the continuity of retail or compatible service facilities at the ground level;

(b) Interrupt a continuous wall of building facades;

(c) Generate traffic and parking demand beyond the capacity of the commercial district or significantly increase impacts on adjacent residential neighborhoods;

(d) Result in domination of this district by one type of use; and

(e) Generate objectionable odors nor excessive levels of noise. (Ord. 7898-NS § 5, 2024; Ord. 7850-NS § 15, 2023; Ord. 7835-NS § 2, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the North Shattuck Commercial (C-NS) district is to:

1. Implement the General Plan’s designations for Community Commercial and Commercial/Residential in this area;

2. Encourage the maintenance and establishment of retail and service activities that provide goods and services to serve the residents of the adjacent and outlying neighborhoods; but do not generate high traffic volume;

3. Provide locations for other activities compatible with these commercial activities;

4. Promote compatibility between such commercial areas and adjacent residential neighborhoods;

5. Limit the space occupied by businesses that generate high traffic volumes;

6. Support the retention of types of businesses serving adjacent neighborhoods;

7. Limit space occupied by commercial uses, especially offices, that are more appropriately located in the downtown business district;

8. Prevent development of commercial spaces exceeding the amount and intensity of use that can be served by available traffic capacity and potential parking supply;

9. Encourage an adequate commercial and residential mix along Shattuck Avenue; and

10. Ensure that new buildings and additions to existing buildings harmonize with their surroundings.

B. Allowed Land Uses. See Table 23.204-1: Allowed Uses in the Commercial Districts.

C. Additional Permit Requirements. See Section 23.204.030 (Additional Permit Requirements).

D. Development Standards.

1. Basic Standards. See Table 23.204-24: C-NS Development Standards. See also Table 23.204-25: C-NS Setback Standards for Residential-Only Uses and Building Separation Standards for Mixed Use and Residential-Only Uses and Table 23.204-26: C-NS Lot Coverage Standards for Residential-Only Uses.

Table 23.204-24. C-NS DEVELOPMENT STANDARDS

Notes:

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

[2]For mixed use projects, usable open space dimensions may be smaller than required in 23.304.090.B.3, but no dimension may be less than 6 feet.

[3]For mixed-use residential projects, no maximum floor area ratio.

[4]Basement levels devoted exclusively to parking are not counted as a story.

[5]For mixed use projects, minimum building separation shall be as required for residential-only projects. See Table 23.204-25.

Table 23.204-25. C-NS SETBACK STANDARDS FOR RESIDENTIAL-ONLY USES AND BUILDING SEPARATION STANDARDS FOR MIXED USE AND RESIDENTIAL-ONLY USES

Table 23.204-26. C-NS LOT COVERAGE STANDARDS FOR RESIDENTIAL-ONLY USES

2. Lots Abutting or Confronting a Residential District. See Section 23.304.130--Non-Residential Districts Abutting a Residential District for additional building feature requirements for lots that abut or confront a Residential District.

3. Ground Floor Dwelling Units in Mixed-Use Buildings. Ground floor dwelling units in a mixed-use building shall be located at least 20 feet from a property line next to a public right-of-way.

4. Residential Window Setback. Mixed-use buildings shall be setback at least ten feet from an interior property line opposite a required window in any habitable room of a residential use.

E. Permit Findings. To approve an AUP or Use Permit for a project in the C-NS district, the review authority must make the findings in Section 23.406.040--Use Permits and find that the proposed use or structure:

1. Is compatible in design and character with the commercial district and the adjacent residential neighborhoods;

2. Is compatible with the purposes and the existing character of the district.

3. Does not interfere with the continuity of retail or compatible service facilities at the ground level;

4. Does not exceed the amount and intensity of use that can be served by available traffic capacity and potential parking supply. (Ord. 7955-NS § 5, 2025; Ord. 7835-NS § 3, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the South Area Commercial (C-SA) district is to:

1. Implement the General Plan’s designations for Community Commercial, and the Commercial/Residential areas, as well as the policies of the South Berkeley Area Plan;

2. Provide locations for both community-serving and regional-serving businesses, particularly those which reflect the culture of the surrounding area;

3. Provide an area of neighborhood and lower intensity community commercial uses, serving as a transition between the Downtown area and the neighborhood-serving area south of Ashby Avenue;

4. Encourage the location of a wide variety of community-oriented retail goods and services in South Berkeley;

5. Encourage residential development for persons who desire both the convenience of location and more open space than is available in the Downtown;

6. Provide limited locations for other activities such as offices which may be compatible with both retail and residential uses;

7. Encourage development and amenities that support pedestrian-oriented uses;

8. Encourage appropriate mixed-use development (retail/office/residential) on appropriate sites in the district; and

9. Increase the opportunities for the establishment of businesses which are owned and operated by local residents.

B. Allowed Land Uses.

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts

2. Mixed-Use Permits Required.

(a) Zoning Certificate. A mixed-use project is allowed with a Zoning Certificate if the project:

i. Complies with all applicable standards in Table 23.204-27, Table 23.204-28, and Table 23.204-29;

ii. Includes only residential uses above the ground floor; and

iii. Is less than 5,000 square feet in gross floor area, including any existing floor area incorporated into the project.

(b) Use Permit. If a mixed-use project does not meet the criteria for approval with a Zoning Certificate as provided above, the project requires a Use Permit and is subject to the findings in Section 23.204.100(E)--C-SA South Area Commercial District (Permit Findings).

3. Vehicle Sales.

(a) Applicability.

i. In the C-SA district, small vehicle service is not permitted. Small vehicle sales that are exclusively indoor operations are permitted with a Zoning Certificate. Otherwise, a Use Permit is required.

ii. All new or relocated vehicle sales in the C-SA district shall be exclusively indoor operations with no outdoor activities and shall comply with the requirements of this subsection.

iii. Expansions or modifications of existing vehicle sales are:

(a) Encouraged to comply with standards in Paragraph b (Standards) below where feasible; and

(b) Shall not increase or exacerbate a non-conformity with these standards.

(b) Standards.

i. Street Frontage. Outdoor vehicle display is permitted only along Shattuck Avenue and Adeline Street and is limited to 30 percent of the lot frontage on those streets.

ii. Area for Outdoor Uses. A maximum of 40 percent of the lot area may be used for outdoor uses, including but not limited to vehicle display and storage. Adequate landscaping and/or fencing shall be used to filter the view of outdoor uses from the adjacent right-of-way and abutting properties, with the exception of outdoor vehicle display;

iii. Service Entries. Vehicle and repair service entries may not exceed 20 percent of the primary lot frontage, no entrance may exceed a width of 20 feet. The primary street frontage is the frontage towards which the primary building entrance is oriented.

iv. Transparency. At least 60 percent of any new building shall be within 10 feet of the right-of-way along the primary street frontage and 60 percent of the street-facing facade shall be comprised of clear glass.

v. Repair Activities. All vehicle repair activities shall be conducted indoors.

vi. Noise. All noise-generating equipment and activities, such as vehicle repair, shall be shielded by noise-attenuating materials. Outdoor amplification is not permitted.

vii. Lighting. Exterior light standards and fixtures shall not be taller than 20 feet, shall achieve uniform light coverage and minimize glare, shall use light cutoffs to control light spillover onto adjacent properties and urban sky glow, and shall use low energy light fixtures consistent with the City’s goals for energy efficiency.

viii. Vehicle Storage. No vehicles shall be stored in the public right-of-way.

(c) Modification of Standards. The Zoning Officer may allow modification to standards in Paragraph c (Standards) above with an AUP upon finding that the modification:

i. Is necessary to facilitate incorporation of an existing structure;

ii. Achieve greater consistency with the surrounding street pattern;

iii. Buffers impacts to an adjacent residential district; or

iv. Is needed to accommodate dealership operations.

C. Additional Permit Requirements. See Section 23.204.030--Additional Permit Requirements.

D. Development Standards.

1. Basic Standards. See Table 23.204-27: C-SA Development Standards and Table 23.204-28: C-SA Maximum Building Height. For residential-only projects, see also Table 23.204-29: C-SA Setback and Building Separation Standards for Mixed Use and Residential-Only Uses and Table 23.204-30: C-SA Lot Coverage Standards for Mixed Use and Residential-Only Uses.

Table 23.204-27. C-SA DEVELOPMENT STANDARDS

Notes:

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

[2]For mixed-use projects, minimum building separation shall be as required for residential-only projects

[3]No dimension may be less than 6 feet.

Table 23.204-28. C-SA Maximum Building Heights

Notes:

[1]In mixed-use buildings, the third story and above must be used for residential purposes entirely.

Figure 23.204-3. C-SA Building Height Subarea One

[Figure]

Table 23.204-29. C-SA SETBACK AND BUILDING SEPARATION STANDARDS FOR MIXED USE AND RESIDENTIAL-ONLY USES

Table 23.204-30. C-SA LOT COVERAGE STANDARDS FOR MIXED USE AND RESIDENTIAL-ONLY USES

2. Lots Abutting or Confronting a Residential District. See 23.304.130 (Non-Residential Districts Abutting a Residential District) for additional building feature requirements for lots that abut or confront a Residential District.

3. Modification for Mixed Use and Residential Projects. The ZAB may modify development standards in Table 23.204-27, Table 23.204-28, and Table 23.204-29, and Table 23.204.30--excluding FAR--for a mixed-use or residential-only project with a Use Permit upon making one of the following findings:

(a) The project encourages utilization of public transit and existing off-street parking facilities in the area of the proposed building;

(b) The modification allows consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose;

(c) The modification facilitates the construction of affordable housing as defined by the U.S. Department of Housing and Urban Development (HUD) Guidelines; or

(d) The modification provides consistency with the purposes of the district as listed in Section 23.204.100.A (District Purpose).

E. Findings. To approve an AUP or Use Permit for a project in the C-SA district, the review authority must make the findings in Section 23.406.040 (Use Permits) and find that the proposed use or structure:

1. Is compatible with the purposes of the district;

2. Is compatible in design and character with the district and the adjacent residential neighborhoods; and

3. Will not result in the domination of one type of commercial/retail use in any one area of the district. (Ord. 7955-NS § 6, 2025; Ord. 7898-NS §§ 6, 7, 2024; Ord. 7850-NS § 16, 2023; Ord. 7810-NS §§ 3--5, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Telegraph Avenue Commercial (C-T) district is to:

1. Implement the General Plan’s designation of Avenue Commercial for this area;

2. Implement the Southside Plan’s designation for the Telegraph Avenue Commercial Subarea;

3. Regulate development in the Telegraph Avenue area to satisfy the needs of the population groups using the district, especially the University population and the surrounding resident population;

4. Encourage the availability of a variety of goods and services which serve residents in the district and the University population but do not generate a high volume of vehicular traffic;

5. Allow for uses which maintain the cultural quality of the district giving it its regional appeal without generating substantial vehicular traffic;

6. Discourage uses which, because of size, the type of the products sold, vehicular traffic generated or other considerations, are more appropriately located elsewhere in the city;

7. Encourage a mix of goods and services which will prevent the dominance of any one type of use and which will produce variations within the same category of uses;

8. Encourage the establishment and maintenance of uses which will satisfy the needs of all age groups and attract a range of users and interests;

9. Encourage the creation of additional housing in the district which is affordable, including housing for those who work or study nearby;

10. Encourage those uses and structural architecture that reinforce, and discourage those uses and architecture that interrupt, the pedestrian orientation of the district;

11. Encourage mixed commercial and residential uses;

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

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

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

15. Encourage the establishment and survival of small, locally-owned businesses, thereby contributing to the vitality and diversity of the district;

16. Discourage the type of commercial use whose establishment will contribute to the displacement of businesses that supply neighboring residents with essential goods and services;

17. Ensure that new buildings, additions and renovations harmonize with and enhance the unique character of the district;

18. Provide environmental protection for the residents of mixed residential commercial structures and surrounding residents from such detriments as noise, fumes and litter;

19. Preserve the ethnic diversity of the resident population and users of the district and of the types of businesses providing ethnically diverse goods and services in the district;

20. Protect and encourage the development of properties accessible to the disabled for both residential and commercial use;

21. Discourage uses which are widely available in other shopping districts throughout the Bay Area and detract from the unique type and mix of goods and services available in the district.

B. Allowed Land Uses.

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Fuel Stations. Alternative fuel and gasoline stations are allowed with Use Permit when located in a parking structure.

3. Residential Use, Ground Floor. Residential uses are permitted on the ground floor where located behind a commercial use. The ground floor commercial use must meet the following standards:

(a) Occupy a minimum 30-foot depth of the ground floor, as measured from the ground floor street frontage, and

(b) Occupy the full extent of the building frontage, excluding required utilities, driveways, pedestrian access and residential lobby.

4. Office Uses.

(a) Table 23.204-31 shows permits required for office uses in the C-T district.

Table 23.204-31. C-T OFFICE PERMIT REQUIREMENTS

(b) When office uses are located on the ground floor adjacent to street frontage, the storefront windows must either:

i. Include a window display; or

ii. Be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

5. Upper Story Uses.

(a) Floor area above the ground floor may be occupied only by a residential or office use.

(b) A commercial use that is an integral part of a ground floor establishment is permitted on the second story if the use:

i. Has no entrances or exits, other than required fire exits, outside of the ground floor space; and

ii. Does not exceed the ground-floor area of the use.

C. Additional Permit Requirements. See Section 23.204.030 (Additional Permit Requirements).

D. Development Standards.

1. Basic Standards. See Table 23.204 32: C-T Development Standards.

Table 23.204-32. C-T DEVELOPMENT STANDARDS

2. Lots Abutting or Confronting a Residential District. See 23.304.130 (Non-Residential Districts Abutting a Residential District) for additional building feature requirements for lots that abut or confront a Residential District.

3. Environmental Impacts. Projects that may create environmental impacts as described in the Southside Plan Final EIR shall be subject to the adopted Mitigation Monitoring and Reporting Program (MMRP).

E. Permit Findings. To approve an AUP or Use Permit for a project in the C-T district, the review authority must make the findings in Section 23.406.040 (Use Permits) and find that the proposed use or structure:

1. Is compatible with the purposes of the district;

2. Encourages and maintains the present street frontage of the district;

3. Does not interfere with the continuity of retail or compatible service facilities at the ground level;

4. Does not interrupt a continuous wall of building facades;

5. Is compatible in design and character with the district and the adjacent residential neighborhoods;

6. Does not generate traffic or parking demand significantly beyond the capacity of the district or significantly increase impacts on adjacent residential neighborhoods; and

7. Complies with the Southside Plan’s adopted Mitigation Monitoring Program (MMP). (Ord. 7898-NS § 8, 2024; Ord. 7890-NS §§ 15, 16, 2023; Ord. 7810-NS § 6, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Solano Avenue Commercial (C-SO) district is to:

1. Implement the General Plan’s designations for Community Commercial and Commercial Service areas;

2. Maintain a scale and balance of commercial activity on Solano Avenue that will:

(a) Enhance the surrounding neighborhood and serve its residents;

(b) Encourage the location of businesses on Solano Avenue that serve the everyday needs of local residents;

(c) Discourage the location of businesses on Solano Avenue that serve a larger regional clientele, and should more appropriately be located in the Central Business District;

(d) Limit the number of businesses on Solano Avenue that generate traffic or parking demand in excess of commercial parking availability, causing the overflow of traffic circulation and parking onto adjacent residential streets;

(e) Encourage location of late-night commerce in appropriate areas in Berkeley, such as the downtown area, and allow businesses to address demand for late night service on Solano Avenue by establishing a 12:00 midnight closing time for businesses on Solano Avenue; and

(f) Ensure that all construction, alterations, or additions to buildings will be in functional and aesthetic harmony with adjacent buildings and areas; and

(g) Protect local residents from commercial noise, offensive odors and parking and traffic problems.

B. Allowed Land Uses.

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Automatic Teller Machines (ATM). A maximum of two exterior ATMs are allowed per bank establishment and only when off-street parking is provided.

C. Additional Permit Requirements. See Section 23.204.030 (Additional Permit Requirements).

D. Development Standards.

1. Basic Standards. See Table 23.204-33: C-SO Development Standards. For residential-only projects, see also Table 23.204-34: C-SO Setback and Building Separation Standards for Residential-Only Uses and Table 23.204-35: C-SO Lot Coverage Standards for Residential-Only Uses.

Table 23.204-33. C-SO DEVELOPMENT STANDARDS

[1]For mixed use and residential only projects, development standards included in this table may be modified. See 23.204.120(D)(3).

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

[3]For mixed-use projects, minimum building separation shall be as required for residential-only projects

[4]No dimension may be less than 6 feet.

Table 23.204-34. C-SO SETBACK AND BUILDING SEPARATION STANDARDS FOR RESIDENTIAL-ONLY USES

[1]For mixed use and residential-only projects, development standards included in this table may be modified. See 23.204.120(D)(3).

Table 23.204-35. C-SO LOT COVERAGE STANDARDS FOR RESIDENTIAL-ONLY USES

[1]For mixed use and residential-only projects, development standards included in this table may be modified. See 23.204.120(D)(3).

2. Lots Abutting or Confronting a Residential District. See 23.304.130 (Non-residential Districts Abutting a Residential District) for additional building feature requirements for lots that abut or confront a Residential District.

3. Modification to Standards--Mixed Use and Residential-Only Projects. The ZAB may modify development standards in Table 23.204-33, Table 23.204-34, and Table 23.204-35 for a mixed-use or residential-only project with a Use Permit upon making one of the following findings:

(a) The modification will encourage public transit utilization and existing off-street parking facilities in the area of the proposed building.

(b) The modification will facilitate the construction of residential or tourist hotel uses where appropriate.

(c) The modification will permit consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose.

4. Ground Floor Residential Uses. A ground floor residential uses shall be setback at least 320 feet from a street side property line.

5. Projections into Right-of-Way.

(a) Bay windows and balconies 11 feet or more above the sidewalk grade may project 3 feet into a street right-of-way.

(b) A maximum 60 percent of the length of a building frontage may project beyond the property line.

(c) All projections require an encroachment permit from the Public Works Department.

6. Limitations Adjacent to a R District. The following requirements apply to commercial uses adjacent to a residential district or fronting any street other than Solano Avenue.

(a) All openings other than fixed windows and required fire exits must be setback at least 50 feet from any property located in an Residential District to reduce noise and odor problems in residential areas.

(b) Customer use of rear or side exits which open onto residential streets (with the exception of emergency access) is not permitted.

(c) Garbage and recycled materials may not be placed for collection on residential streets from storage areas located at the rear of any building. All such materials shall be stored in an enclosed area for health and sanitation reasons.

(d) Deliveries to non-residential establishments from residential streets are not permitted.

E. Permit Findings. To approve an AUP or Use Permit for a project in the C-SO district, the review authority must make the findings in Section 23.406.040 (Use Permits) and find that the proposed use or structure:

1. Encourages and maintains the character of the street frontage and pedestrian orientation of the district;

2. Is compatible in design and character with the district and the adjacent residential neighborhood;

3. Is compatible with the purposes set forth in this set of regulations and the existing character of Solano Avenue;

4. Does not interfere with the continuity of retail or compatible service facilities at the ground level, or interrupt a continuous wall of building facades; and

5. Does not generate traffic and parking demand to significantly increase impacts on adjacent residential neighborhoods. (Ord. 7898-NS § 9, 2024; Ord. 7890-NS §§ 17, 18, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the C-DMU district is to implement the vision and goals of the Downtown Area Plan (adopted 2012), which include: Environmental Sustainability, Land Use, Access, Historic Preservation and Urban Design, Streets and Open Space, Housing and Community Health and Services, and Economic Development.

B. Allowed Land Use.

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Automatic Teller Machines (ATM). An ATM inside a non-bank building is allowed with an AUP.

3. Banks and Financial Services, Retail. Retail banks and financial services in the C-DMU require permits as follows:

(i) Under 7,500 square feet outside of the Arts District Overlay: Zoning Certificate.

(ii) All other retail banks and financial service uses: AUP.

4. Media Production. Recording studios are allowed with an AUP. Broadcast studios require a Use Permit.

C. Additional Permit Requirements. See Section 23.204.030--Additional Permit Requirements.

D. Arts Overlay District.

1. Purpose. The purpose of the Downtown Arts District Overlay (ADO) is to create a core of cultural activities and supportive retail and commercial uses in the C-DMU district. The ADO is intended to generate more pedestrian vitality in the downtown, promote Berkeley’s regional leadership in the arts, and encourage broader economic revitalization of the area. The types of uses which would enhance the Arts District include ground floor retail uses which would contribute to the cultural vitality of the area, seated food service, and uses which provide pedestrian scale and siting.

2. Boundaries. The boundaries of the ADO are shown in Figure 23.204-4: C-DMU Downtown Arts District Overlay Boundaries.

Figure 23.204-4. C-DMU DOWNTOWN ARTS DISTRICT OVERLAY BOUNDARIES

[Figure]

3. Use Limitations; Findings. Offices on the ground floor adjacent to a street frontage require an AUP. To approve the AUP, the Zoning Officer must find that:

(a) The project meets the purposes of the Arts Overlay District as set forth above; and

(b) The location, size, type, appearance, and signage of the proposed use will:

i. Animate and enhance the pedestrian experience on the street; and

ii. Be generally open to the public evenings and on weekends, whenever practicable.

E. Development Standards.

1. Height.

(a) Height Limits. Table 23.204-36: C-DMU Height Limits shows height limits in the C-DMU district, except as otherwise allowed by Paragraph 2 below. See Figure 23.204-5: C-DMU Sub-Areas for district sub-area boundaries.

Figure 23.204-5. C-DMU SUB-AREAS

[Figure]

Table 23.204-36. C-DMU HEIGHT LIMITS

(b) Parapet Walls. For roofs with parapet walls, building height is measured to the top of the roof. Parapets may exceed the height limit by up to 5 feet as of right.

(c) Minimum Height. The minimum height standard applies to new buildings only, measured to the top of the plate. Theater and museum buildings are exempt.

2. Increased Height Allowance.

(a) Allowed Height. The ZAB may issue a Use Permit for up to five buildings that exceed the C-DMU height limits as shown in Table 23.204-38: C-DMU Increased Height Allowance.

Table 23.204-37. C-DMU INCREASED HEIGHT ALLOWANCE

(b) Application Process.

i. Applications for any of the five buildings over 75 feet in height may be submitted on July 1, 2012. If no applications that satisfy the submittal requirements as determined by the Zoning Officer are submitted on that date, then the next deadline to submit applications will be no later than six months from that date, with application opportunity dates at six-month intervals until the first application has been submitted. Once the first application has been submitted, then the application opportunity date will occur once yearly on the anniversary of the date of the first submittal.

ii. A project shall secure a position as one of the five allowed buildings over 75 feet in height following final Use Permit approval. Such Use Permits shall include a condition of approval that establishes a schedule for: submittal of a building permit application, timely response to plan check comments, payment of building permit fees such that a building permit can be issued, and beginning construction. The process for allowing extension of the timeline requirements, if any, shall be specified in the condition.

iii. Failure of a permit holder to strictly comply with the schedule established by the Use Permit is grounds for revocation of the Use Permit pursuant to Chapter 23.404.080 (Permit Revocation).

(c) Community Benefit Required.

i. To approve a Use Permit for increased building height under this section, the ZAB must find that the project will provide significant community benefits, either directly or by providing funding for such benefits to the satisfaction of the City, beyond what would otherwise be required by the City.

ii. Significant community benefits may include, but are not limited to affordable housing, supportive social services, green features, open space, transportation demand management features, job training, and/or employment opportunities.

iii. This community benefit requirements shall be included as conditions of approval and the owner shall enter into a written agreement with the City that shall be binding on all successors in interest.

3. Setbacks.

(a) Basic Standards. Table 23.204-38 shows minimum required lot line setbacks in the C-DMU district. Additional standards are listed in 23.204.130.3.d.

Table 23.204-38. C-DMU Setback Standards

(b) Modifications to Standards. The ZAB may modify all C-DMU district setback standards with a Use Permit upon finding that the modified setbacks will not unreasonably limit solar access or create significant increases in wind experienced on the public sidewalk.

(c) Residential Transitions. The setback standards in Table 23.204-38 shall not apply to commercial lots abutting or confronting residential zoning. Such lots shall comply with Section 23.304.030(C)(2)--Setbacks (Lots Adjacent to Residential Districts)

(d) Additional Standards.

i. For buildings over 120 feet in height, that portion of the building over 120 feet must be less than 120 feet in width when measured at the widest point on the diagonal in plan view.

ii. For a lot that abuts the interior side or rear lot line of a residentially-zoned lot, a new building shall be set back from the shared property line by 20 feet where the building exceeds 45 feet in height.

iii. For a lot that confronts a residentially-zoned lot, a new building shall be set back 10 feet from the street-facing property line where the building exceeds 45 feet in height, except that this provision shall not apply to lots confronting public uses with a residential zoning designation, such as Berkeley High School, Civic Center Park, and Fire Station 2. However, this provision will apply for all lots with frontage on the Martin Luther King Jr. Way right-of-way.

iv. For lots with frontage on the Shattuck Avenue right-of-way south of Durant Avenue, a new building shall be set back 15 feet from the Shattuck Avenue property line where the building exceeds 65 feet in height.

v. Architectural features such as eaves, cornices, canopies, awnings, bay windows, uncovered porches, balconies, fire escapes, stairs and landings may project up to five feet into required setbacks of this section so long as the surface area of such projections does not exceed 50 percent of the surface area of the side of the building on which the projections are located.

4. Usable Open Space. Table 23.204-39 shows minimum required usable open space in the C-DMU district.

Table 23.204-39. C-DMU USABLE OPEN SPACE REQUIREMENTS

Note:

[1]Each square foot of usable open space provided as privately-owned public open space is counted as two square feet of required on-site open space.

5. Privately-Owned Public Open Space.

(a) If a privately-owned public open space is indoors or enclosed, it shall include natural light in the form of windows, skylights, entryways, or other openings.

(b) Privately-owned public open space must be:

i. Clearly identified with signage in a publicly conspicuous location at street level indicating the area that is open to the public, the hours the space is open, and the party responsible for maintenance; and

ii. Separated from the grade of the public sidewalk by a height no greater than 3 vertical feet unless an AUP is obtained.

6. Open Space Alternatives.

(a) In lieu of providing the open space required by this section on-site, an applicant may either:

i. Pay an in-lieu fee to help fund the Streets and Open Space Improvement Plan (SOSIP); and/or

ii. Construct public improvement consistent with the SOSIP.

(b) Payment of a fee in lieu of providing publicly accessible open space requires a Use Permit. To allow payment of an in-lieu fee, the ZAB must find that the payment will support timely development of open space improvements that will serve the needs of project residents and other people living in and using the downtown.

(c) Construction of public improvements consistent with the SOSIP in lieu of open space requires a Use Permit. To allow construction of public improvements, the ZAB must find that the public improvements:

i. Will be located within the vicinity of the project and are consistent with the SOSIP;

ii. Will be coordinated with other ongoing or approved SOSIP or other right-of-way improvements in the vicinity, and will not create a hazardous situation or an unusual appearance in the downtown; and

iii. Will be finished before issuance of a certificate of occupancy for the project, unless otherwise allowed by the project conditions of approval.

7. Ground Floor Street Frontage.

(a) Special ground floor street frontage requirements in Paragraph (b) below apply to the following uses in the C-DMU district:

i. Insurance Agents, Title Companies, Real Estate Agents, Travel Agents.

ii. Office, Business and Professional.

iii. Group Class Instruction.

iv. Health and Fitness Facility.

(b) New ground floor uses listed in paragraph (a) above that are adjacent to a street frontage shall either:

i. Include a storefront window display; or

ii. Be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

8. Residential Entrance Limitations. In new buildings constructed on public serving frontages, as shown in Figure 23.204-6, entrances to individual dwelling units and to living quarters in group living accommodations are not permitted on the street-facing side of the street-level floor.

Figure 23.204-6. C-DMU PUBLIC SERVING FRONTAGES

[Figure]

F. Streets and Open Space Improvement Plan (SOSIP) Fee. In addition to any other requirement of this section, projects shall be subject to payment of an impact fee to implement the Streets and Open Space Improvement Plan.

G. Green Building Provisions.

1. New Buildings. Construction of any new building shall attain either:

(a) LEED Gold rating or higher as defined by the U.S. Green Building Council (USGBC); or

(b) Building performance equivalent to this rating, as determined by the Zoning Officer.

2. Additions 20,000 Square Feet or Less. Additions of 20,000 square feet or less shall be required to meet all applicable standards of the Stopwaste Small Commercial Checklist, or equivalent, as determined by the Zoning Officer. The rating shall be appropriate to the use type of the proposed construction.

3. Additions More than 20,000 Square Feet. Additions of more than 20,000 square feet shall attain either:

(a) LEED Gold rating or higher as defined by the U.S. Green Building Council (USGBC); or

(b) Building performance equivalent to this rating, as determined by the Zoning Officer.

H. Environmental Impacts. Projects that may create potentially significant environmental impacts as described in the Downtown Area Plan Final EIR shall be subject to the adopted Mitigation Monitoring Program for the Downtown Area Plan.

I. Permit Findings. To approve an AUP or Use Permit for a project in the C-DMU district, the review authority must make the findings in Section 23.406.040 (Use Permits) and find that the proposed use or structure:

1. Is compatible with the purposes of the district; and

2. Is compatible with the surrounding uses and buildings. (Ord. 7955-NS § 7, 2025; Ord. 7898-NS §§ 10, 11, 2024; Ord. 7890-NS §§ 19--24, 2023; Ord. 7835-NS § 4, 2022; Ord. 7830-NS § 4, 2022; Ord. 7810-NS § 7, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the West Berkeley Commercial (C-W) district is to:

1. Implement the West Berkeley Plan Commercial District designation;

2. Provide locations for commercial services which primarily serve area residents and/or businesses;

3. Support the retention and attraction of a balance of both smaller and larger stores and restaurants;

4. Provide appropriate locations, consistent with West Berkeley Plan policies, for commercial services which serve a citywide or broader clientele;

5. Provide a relatively compact, clearly bounded set of commercial areas in West Berkeley, so as to both improve the quality of West Berkeley shopping environments and to prevent commercial overspill into industrial areas;

6. Encourage the intensification of commercial activity at designated nodes to help develop more pedestrian-oriented environments at those locations;

7. Increase the opportunities for development of housing in commercial areas to support local retailing and use of transit lines and opportunities for mixed use projects combining pedestrian-oriented neighborhood-serving uses with mixed income housing in locations abutting residential districts;

8. Encourage appropriately intense development in underutilized portions of commercial streets;

9. Promote development compatible with adjacent commercial, residential and industrial areas;

10. Provide a location for cultural and performing arts activities; and

11. Promote environmental protection for the residents and workers both within and adjacent to the district from such detriments as noise, fumes, and other detrimental environmental effects.

B. Land Use Regulations.

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Mixed-Use Residential.

(a) See Table 23.204-40 for mixed-use residential permit requirements in the C-W district.

Table 23.204-40. C-W MIXED-USE RESIDENTIAL PERMIT REQUIREMENTS

(b) All new retail uses in an existing mixed-use development are subject to the permit requirements for mixed use development as shown in Table 23.204-40.

3. Automotive Uses.

(a) As used in this paragraph, "automotive use" means a use classified in Table 23.204-1 as a vehicle service and sales use, except for vehicle parts store. "Automotive site" means a site which was legally used or approved for use as an automotive use as of March 1, 1997.

(b) On lots in the C-W district with frontage on San Pablo Avenue:

i. An automotive use may be established only on an automotive site; and

ii. If an automotive use on an automotive site is discontinued for a period of two years or more, it may not be re-established.

4. Langendorf Building. See Section 23.206.030.D--Additional Permit Requirements (Langendorf Building).

C. Additional Permit Requirements. See Section 23.204.030--Additional Permit Requirements.

D. Designated Nodes.

1. Purpose. The purposes of the designated nodes in the C-W district are to:

(a) Intensify retail, commercial, and mixed-use activity around major intersections;

(b) Reflect and reinforce the major existing and developing concentrations of pedestrian-oriented uses;

(c) Encourage intensified development around transit transfer points;

(d) Help define the urban form of San Pablo Avenue by developing identifiable areas of concentrated development.

2. Location. Properties designated as nodes in the C-W district are shown in Figure 23.204-7: C-W Designated Nodes.

3. Ground Floor Uses. The ground floor of buildings in designated nodes may be used only for the following:

(a) Retail sales.

(b) Personal and household services.

(c) Retail financial services (banks).

(d) Food and alcohol service.

(e) Tourist Hotel and Tourist Motel.

(f) Entertainment and assembly uses.

(g) Gasoline/vehicle fuel stations.

(h) Vehicle repair uses.

(i) New car sales.

(j) Used vehicles sales.

(k) Required access to and lobbies serving upper-story uses.

4. Prohibited Uses. The following uses are not permitted in designated nodes:

(a) Vehicle rentals.

(b) Used vehicle sales when not principally in buildings.

(c) Vehicle washes.

(d) Tire sales and service.

(e) Open air markets.

(f) Circus/carnivals.

(g) Public utility substation buildings, tanks.

5. Findings. To approve a Use Permit or AUP for a project in a designated node, the review authority must find that the project supports the development of a strong retail commercial and pedestrian-oriented environment at the node. Factors the review authority should consider when making this finding include:

(a) The placement of store entrances relative to the street and parking lots; and

(b) The size and prominence of display windows and areas facing the sidewalk.

Figure 23.204-7. C-W DESIGNATED NODES

[Figure] [Figure]

E. Development Standards.

1. Basic Standards. See Table 23.204-41 for development standards in the C-W district.

Table 23.204-41. C-W DEVELOPMENT STANDARDS

Notes:

[1]50 ft. and 4 stories allowed for mixed-use projects. The fourth floor must be used for residential or live/work purposes.

[2]On Assessor Parcel Numbers 054-1763-001-03, 054-1763-010-00 and 054-1763-003-03 the maximum height is 50 feet and 4 stories.

2. Parking Lot Design. See 23.322.080.E.3 (C-W District).

3. Minimum Height in Designated Nodes. All newly constructed main structures in designated nodes, except gasoline stations, shall be at least two stories or 25 feet in height.

F. Permit Findings. To approve an AUP or Use Permit for a project in the C-W district, the review authority must make the findings in Section 23.406.040 (Use Permits) and find that the proposed use or structure:

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;

4. Supports an increase in the continuity of retail and service facilities at the ground level to the degree feasible;

5. Does not substantially degrade the existing urban fabric of the street and area;

6. If the project includes the construction of new floor area, provides an intensity of development which does not underutilize the property;

7. Meets any applicable performance standards for off-site impacts; and

8. Does not exceed the amount and intensity of use that can be served by available traffic capacity and potential parking supply. (Ord. 7955-NS §§ 8--11, 2025; Ord. 7890-NS §§ 25, 26, 2023; Ord. 7810-NS § 8, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. District Purpose. The purpose of the Adeline Corridor Commercial (C-AC) district is to:

1. Implement the General Plan’s designation for Adeline Corridor Mixed Use area, as well as the policies of the Adeline Corridor Specific Plan;

2. Preserve the unique character and cultural legacy of the Adeline Corridor, sustaining the community as a place where all people can live, work, play, learn, worship, dine, shop and thrive;

3. Promote equitable access to housing by preserving existing affordable housing, preventing displacement, and producing a substantial number of new affordable housing units;

4. Foster economic opportunity for South Berkeley residents and businesses by facilitating job training and workforce development, active community spaces, and a thriving environment for commerce along the Adeline Street/South Shattuck Corridor;

5. Provide safe, equitable transportation options that meet the mobility needs of all residents, regardless of age, means and abilities, and that further the attainment of greenhouse gas emission reduction goals;

6. Provide safe, sustainable, beautiful, healthy, and inclusive public spaces that encourage social interaction, provide opportunities for recreation and environmental health, and support active community life in South Berkeley;

7. Encourage development and amenities that support pedestrian-oriented uses; and

8. Maintain and encourage a wide range of community and commercial services, including basic goods and services. Provide locations for both community-serving and regional-serving: businesses, cultural and religious institutions, and non-profit organizations.

B. Allowed Land Uses.

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Mixed Use Buildings.

(a) In all mixed use buildings, all stories above the second story shall be used for residential uses.

(b) All mixed use developments require a Use Permit.

3. Permitted Ground Floor Uses.

(a) Commercial and Active Commercial Required. In addition to other requirements of the C-AC district, the first 30 feet of depth of the ground floor, as measured from the frontage which abuts the portions of Adeline Street, Shattuck Avenue, MLK, Jr. Way or Ashby Avenue identified in Table 23.204-42: C-AC Permitted Ground Floor Uses shall be reserved for either Active Commercial Uses, or for commercial uses. Ground floor tenant spaces with frontages on streets not identified below can be used for any use permitted in the district.

Table 23.204-42. C-AC PERMITTED GROUND FLOOR USES

(b) Active Commercial Uses Defined. Active Commercial uses are commercial uses which generate regular and frequent foot traffic. Uses include businesses in the following use categories: Retail Uses; Personal and Household Service Uses; Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses; and the following uses: Banks and Financial Services, Retail; and Vehicle Parts Stores.

(c) Active Commercial Exceptions with Zoning Certificate. The following uses are permitted on the ground floor in areas designated Active Commercial with a Zoning Certificate:

i. Office uses in tenant space 2,500 sf or less in area and 50 feet or less in width;

ii. Residential amenities (2,500 sf or less in area and 50 feet or less in width), associated with a residential use.

(d) Active Commercial Exceptions with AUP. The following uses are permitted on the ground floor in areas designated Active Commercial with an AUP:

i. Office uses over 2,500 square feet in area or 50 feet in width.

ii. Art/Craft Studio.

(e) Affordable Residential Projects Allowed. Residential uses where at least 50 percent of the units are affordable are permitted on the ground floor in areas designated commercial with an AUP.

(f) Live/Work Units Prohibited. Live/Work units are not permitted on the ground floor in areas designated Active Commercial or commercial.

4. Alcoholic Beverage Retail Sales. The sale of distilled alcoholic beverages is not permitted along Adeline Street, south of Ashby Avenue.

C. Additional Permit Requirements. See Section 23.204.030--Additional Permit Requirements.

D. Adeline Corridor Specific Plan Subareas. The Adeline Corridor Specific Plan identifies four distinct subareas which have different physical characteristics and contexts. Different use limitations and development standards may apply to these subareas. See the Adeline Corridor Specific Plan for more specific information about each subarea.

1. South Shattuck: Parcels that have a frontage abutting Shattuck Avenue.

2. North Adeline.

(a) West of Adeline: Parcels located between Derby Street and Ashby Avenue, which do not front Shattuck Avenue.

(b) East of Adeline: Parcels located entirely between Russell Street and the point 110 feet south of Essex Street.

3. Ashby BART.

(a) West of Adeline: Parcels bounded by Ashby, MLK Jr. Way and Adeline.

(b) East of Adeline: Parcels located entirely between Tremont, Woolsey and Adeline, and at least 110 feet south of Essex.

4. South Adeline: Parcels located south of Woolsey Street.

E. Development Standards.

1. Basic Standards. See Table 23.204-43: C-AC South Shattuck Subarea Development Standards, and Table 23.204-44: C-AC North and South Adeline Subarea Development Standards.

2. Affordability Calculation. Development standards are based on the percentage of affordable units and shall not exceed the requirements for each subarea. The minimum on-site affordable housing requirement applies to all residential and mixed use projects and must be provided as a mix of 50 percent at Low Income and 50 percent at Very Low Area Median Income (AMI) levels.

3. Ashby BART Subarea. Development standards for any future development in the Ashby BART area would be subject to process outlined in the MOU with BART and AB 2923.

4. Parapet Walls. For roofs with parapet walls, building height is measured to the top of the roof. Parapets may exceed the height limit by up to 5 feet as of right.

5. Lots Abutting or Confronting a Residential District.

(a) Setbacks. The following standards supersede requirements in Section 23.304.030.C.2--Setbacks (Lots Adjacent to Residential Districts).

i. When a lot confronts a residentially-zoned lot, any portion of new construction that exceeds 45 feet in height shall be setback 10 feet from the front property line.

ii. When a lot abuts a residentially-zoned lot, the setback shall be 10 feet from the shared lot line.

iii. When a lot abuts a residentially-zoned lot, any portion of new construction that exceeds 35 feet in height shall be setback 20 feet from the shared lot line.

(b) Building Features. See Section 23.304.130--Non-Residential Districts Abutting a Residential District for building feature requirements for lots that abut or confront a Residential District.

Table 23.204-43. C-AC SOUTH SHATTUCK SUBAREA DEVELOPMENT STANDARDS

Notes:

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

[2]For the purposes of calculating the State Density Bonus the Tier 1 density shall constitute the maximum allowable gross residential density. Tier 2, 3, and 4 density and 100 percent affordable housing density is authorized as a local density bonus under Government Code section 65915(n).

[3]An AUP may be granted to reduce usable open space requirements if shown to be necessary to build an all-electric building.

[4]Each square-foot of open space that is designated as publicly accessible open space shall be counted as two square-feet of required on-site open space.

[5]Affordable units calculated as percentage of total units.

Table 23.204-44. C-AC NORTH AND SOUTH ADELINE SUBAREA DEVELOPMENT STANDARDS

Notes:

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

[2]For the purpose State Density Bonus calculation, the Tier 1 density is the maximum allowable gross residential density. Tier 2, 3, and 4 density and 100 percent affordable density is authorized as a local density bonus under Government Code section 65915(n).

[3]An AUP may be granted to reduce useable open space requirements if shown to be necessary to build an all-electric building.

[4]Each square-foot of open space that is designated as publicly accessible open space shall be counted as two square-feet of required on-site open space.

[5]Affordable units calculated as percentage of total units.

F. Design Standards.

1. Adeline Corridor Specific Plan. New buildings and additions shall be reviewed for conformance to the design guidelines in the Adeline Corridor Specific Plan.

2. Ground Floor Frontages.

(a) All New Buildings. Except as set forth below, ground floor frontages of all new buildings are subject to the following design standards:

i. Blank walls along the ground floor shall be less than 30 feet in length along sidewalks, pedestrian paths, or open space.

ii. Ground floors shall have a minimum floor to floor height of 12 feet.

iii. Facades shall provide at least 30 percent transparency between 3 and 10 feet above grade (doors and transparent windows) to allow maximum visual interaction between the sidewalk areas and building interiors. Dark or mirrored glass will not satisfy this requirement.

iv. Window glazing shall provide a high degree of light transmittance and be non-reflective.

(b) Active Commercial Areas. Ground floor frontages in areas identified as Active Commercial in Table 23.204-42 shall meet the requirements of 23.204.150(F)(2)(a) except:

i. Ground floors shall have a minimum floor to floor height of 15 feet and a minimum floor to ceiling height of 12 feet.

ii. Facades shall provide at least 75 percent transparency between 3 and 10 feet above grade (doors and transparent windows) to allow maximum visual interaction between sidewalk areas and the interior. Dark or mirrored glass will not satisfy this requirement.

(c) Commercial Use Areas. Ground floor frontages in areas identified as commercial in Table 23.204-42 shall meet the requirements of 23.204.150(F)(2)(a) except:

i. Ground floors shall have a minimum floor to floor height of 15 feet and a minimum floor to ceiling height of 12 feet.

ii. Facades shall provide at least 65% transparency between 3 and 10 feet above grade (doors and transparent windows) to allow maximum visual interaction between sidewalk areas and the interior of office spaces. Dark or mirrored glass will not satisfy this requirement.

(d) Exceptions. The Design Review Committee or Design Review staff may grant exceptions to the blank wall and transparency requirements.

G. Permit Findings.

1. General. To approve any AUP or Use Permit for a project in the C-AC district, the review authority must make the findings in Section 23.406.040--Use Permits and find that the proposed use or structure:

(a) Is consistent with the purpose of the district;

(b) Is compatible in design and character with the district and the adjacent residential neighborhoods;

(c) Encourages utilization of public transit and off-street parking facilities in the area of the proposed building; and

(d) Complies with the Adeline Corridor Specific Plan’s adopted Mitigation Monitoring and Reporting Program (MMRP).

2. New Residential Development. In addition to the findings above, the ZAB shall find, for each Use Permit for new residential development, that the proposed use or structure facilitates the construction of affordable housing as defined by the U.S. Department of Housing and Urban Development (HUD) Guidelines.

3. Office Uses.

(a) To approve an AUP for an office use over 2,500 square feet or over 50 feet wide on the ground floor of an Active Commercial area, the Zoning Officer must find that the use supports the development of a strong retail commercial, pedestrian-oriented environment.

(b) Factors the Zoning Officer should consider shall include, but are not limited to, pedestrian activity that is expected to be generated at the site, the placement of store entrances relative to the street and the parking lots, and the size and prominence of display windows and areas facing the sidewalk.

4. All-Electric Buildings. An AUP may be granted to reduce useable open space requirements if shown to be necessary to build an all-electric building. To approve an AUP, the Zoning Officer must find that:

(a) No other placement of the features to support construction of an all-electric building, including solar photovoltaic (PV) energy systems and water tanks for heat pump water heating, on the property is possible; and

(b) Placement of the features to support construction of an all-electric building elsewhere on the property is not financially feasible. (Ord. 7955-NS §§ 12, 13, 2025; Ord. 7898-NS § 12, 2024; Ord. 7890-NS §§ 27--32, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)