Berkeley Municipal Code Ch. 23.304 General Development Standards

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

A. All Districts.

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

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

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

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

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

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

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

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

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

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

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

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

B. Residential Districts.

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

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

B. Residential Districts.

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

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

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

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

Table 23.304-1. ALLOWED SETBACK REDUCTIONS IN RESIDENTIAL DISTRICTS

Notes:

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

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

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

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

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

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

Table 23.304-2. ALLOWED BUILDING PROJECTIONS

Notes:

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

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

4. Accessibility for Persons with Disabilities. Wheelchair ramps, lifts, and other structures to accommodate persons with disabilities that are less than 30 inches above grade (not including railings) are not subject to minimum setback requirements. Any accessibility feature with a height above grade of 30 inches or more (not including railings) may project into a required setback area with approval of a reasonable accommodation request. See Section 23.406.090 (Reasonable Accommodation). Preferred designs would comply with the following:

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

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

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

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

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

6. Subterranean Structures.

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

i. The structure has a roof;

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

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

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

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

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

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

C. Non-Residential Districts.

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

2. Lots Adjacent to Residential Districts.

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

Table 23.304-3. SETBACKS ADJACENT TO RESIDENTIAL DISTRICTS

Notes:

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

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

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

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

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

Notes:

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

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

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

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

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

Table 23.304-5. ALLOWED PROJECTIONS ABOVE HEIGHT LIMIT

Notes:

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

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

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

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

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

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

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

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

B. All Districts.

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

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

C. Residential Districts.

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

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

Notes:

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

2. Development and Use Standards.

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

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

Notes:

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

(b) Deviation from Standards.

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

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

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

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

3. Rebuilding and Replacement.

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

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

(c) The demolition of any accessory building proposed for replacement under this section is subject to Municipal Code Chapter 3.24 (Landmarks Preservation Commission)

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

1. Permits Required.

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

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

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

2. Development Standards.

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

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

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

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

C. Height.

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

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

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

D. Hot Tubs, Jacuzzis, and Spas.

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

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

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

2. Any pump associated with an unenclosed outdoor hot tub, jacuzzi, or spa shall be mounted and enclosed so that its sound is not audible on an adjacent lot. (Ord. 7981-NS § 7, 2025; Ord. 7787-NS § 2 (Exh. A), 2021)

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

Table 23.304-8. PERMITS REQUIRED FOR FENCES

Notes:

[1]Requires Fire Department review and comment.

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

C. Prohibited Materials in Residential Districts.

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

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

Table 23.304-9. REMOVAL OF PROHIBITED FENCE MATERIALS

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

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

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

4. If a property owner shows that the period of time in Table 23.304-9 is unreasonable as applied to a particular fence feature, the City may extend the period within which removal of such feature is required, after weighing the harm to the public interest from continued maintenance of the fence and other relevant factors. Any such determination will be made in the course of the proceedings to abate pursuant to Municipal Code Chapter 1.24 (Abatement of Nuisances).

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

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

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

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

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

E. MU-R District.

1. Abutting Residential Uses.

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

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

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

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

2. Manufacturing/Residential Buffers.

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

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

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

1. Southside Plan Area Standards.

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

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

2. Middle Housing Infill Project Standards.

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

B. Standards.

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

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

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

4. Balconies.

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

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

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

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

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

7. Landscaping.

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

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

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

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

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

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

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

1. Gym/Health Club/Fitness Studio;

2. Multipurpose room; or

3. Pet wash room.

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

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

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

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

(b) Does not contain enclosed structures;

(c) Provides pedestrian-scale lighting; and

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

i. Bay windows.

ii. Balconies.

iii. Galleries.

iv. Awnings/canopies.

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

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

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

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

D. Pedestrian Walkway for Multiple Dwellings.

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

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

E. Exterior Lighting.

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

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

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

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

C. Horizontal Dimension. The total horizontal dimension of the dormer(s) facing the side of a building, as measured parallel to that side, may not exceed 25 percent of the length of the exterior wall, as shown in Figure 23.304-1: Dormers.

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

Figure 23.304-1. DORMERS

[Figure]

(Ord. 7787-NS § 2 (Exh. A), 2021)

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

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

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

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

C. Standards.

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

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

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

4. Exhaust Air Ducts.

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

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

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

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

B. Southside Plan.

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

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

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

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

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

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

B. Applicability.

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

Table 23.304-10. Bird Safe Building Requirement Applicability

2. Definitions.

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

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

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

Figure 23.304-1. Glass Surfaces

[Figure]

3. Phasing and Exemptions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C. Modifications.

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

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

D. Specific Standards.

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

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

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

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

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

4. For development on a vacant lot zoned single-family, the applicable height limit shall be no less than the maximum height otherwise permitted in the zoning district. (Ord. 8002-NS § 13, 2026)