Berkeley Municipal Code Ch. 23.312 Live/Work

This chapter establishes live/work standards that:

A. Provide for the appropriate development of units which incorporate both living and working space;

B. Provide flexibility as needed for the development of live/work units, particularly within existing buildings;

C. Provide locations where appropriate new businesses can start up;

D. Provide opportunities for people to live in mixed-use industrial and commercial areas where compatible with existing uses;

E. Protect existing and potential industrial uses from conflicts with nearby residential uses;

F. Protect existing and potential residential uses from conflicts with nearby industrial uses;

G. Permit live/work units that function predominantly as workspaces and secondarily as residences;

H. Ensure that the division of space between living and working space within these units reflects the priority of workspace; and

I. Ensure that the exterior design of live/work buildings is compatible with the exterior design of commercial, industrial, and residential buildings in their area, while remaining consistent with the predominantly workspace character of live/work buildings. (Ord. 7787-NS § 2 (Exh. A), 2021)

This chapter applies to all live/work units in any district in Berkeley. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. General Requirement. A permit is required for a live/work unit and/or for a business that makes up the work portion of the unit.

B. Residential Districts.

1. All Residential Districts Except R-BMU. Live/work units are not permitted.

2. R-BMU District: A Use Permit is required for live/work units.

C. Commercial Districts.

1. All Commercial Districts Except C-SA and C-W. In all commercial districts except the C-SA and C-W districts, live/work units are allowed with a Zoning Certificate. Special circumstances that require a Use Permit are identified in Section 23.312.040 (Standards for Live/Work).

2. C-SA District. A Use Permit is required for all live/work units in the C-SA district.

3. C-W District.

(a) An AUP is required for live/work units in the C-W district when:

i. Nine or fewer live/work units are created; and

ii. A dwelling unit is not changed into a live/work unit.

(b) A Use Permit is required when the AUP requirements in Paragraph (a) above are not met.

D. Manufacturing Districts.

1. M and MM Districts. Live/work units are not permitted in the M and MM districts.

2. MU-LI District.

(a) An AUP is required for live/work units in the MU-LI district when:

i. No new floor area is created; and

ii. A dwelling unit is not changed into a live/work unit.

(b) A Use Permit is required when the AUP requirements in Paragraph (a) above are not met.

3. MU-R District.

(a) An AUP is required for live/work units in the MU-R district when:

i. The applicable requirements 23.206.090.D (Development Standards) and 23.322 (Parking and Loading) are satisfied;

ii. Less than 5,000 square feet of gross floor area is added or changed;

iii. Four or fewer live/work units are created; and

iv. A dwelling unit is not changed into a live/work unit.

(b) A Use Permit is required when the AUP requirements in Paragraph (a) above are not met. (Ord. 7815-NS § 12, 2022)

A. All Districts. The following standards apply to live/work units in all districts.

1. General Standards.

(a) A cooking space and sanitary facility in conformance with applicable building standards adopted by the City is required.

(b) Adequate and clearly defined working space constituting no less than 50 percent of the gross floor area of the live/work unit is required.

i. The working space must be reserved for and regularly used by one or more live/work unit residents and be consistent with City administrative guidelines for live/work design.

ii. If the workspace is less than 60 percent (or less than 50 percent in units created by change of use from a dwelling unit), the unit is considered a dwelling unit and is subject to all requirements applicable to dwelling units.

(c) At least 40 square feet of usable open space shall be provided for each live/work unit.

(d) For live/work units established through change of use of an existing building, the Zoning Adjustments Board (ZAB) may approve a Use Permit to substitute interior space accessible to all residents for the required open space in the project, if it finds that it is not practical or desirable to provide exterior open space.

2. Business License. At least one resident in each live/work unit shall maintain at all times a valid City Business License and Zoning Certificate or Use Permit for a business on the premises.

3. Employment, Client, and Customer Visits.

(a) Except in the C-AC district, persons who do not live in the live/work unit may be employed in a live/work unit if an additional Use Permit is obtained and the required on-site parking space is provided.

(b) Client and customer visits to live/work units are permitted if an additional Use Permit is obtained and the required on-site parking is provided.

(c) In the C-AC district, clients, customers and employees are permitted at the site without a Use Permit.

4. Unit Rental and Sale. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.

5. Change of Use.

(a) To change a dwelling unit to a live/work unit, the findings required by Section 23.326.040 (Eliminating Dwelling Units through Conversion and Change of Use) must be made.

(b) Establishing or changing the work use of a live/work unit to medical offices or group instruction requires ZAB approval of a Use Permit to subject to Section 23.312.050 (Findings) below.

(c) In districts other than the MU-LI district, live/work units may be changed to exclusively residential use or the residential floor area increased above 40 percent, only if all requirements for establishing a residential use are met.

(d) In districts other than the MU-R district, live/work units may be changed to an exclusively commercial use, provided that in the C-W district only ground floor space may be so changed. All such changes are subject to Section 23.326.040 (Eliminating Dwelling Units through Conversion and Change of Use).

6. Repealed by Ord. 7853-NS. Repealed.

B. C-W District. In addition to the standards in Subsection A (All Districts) above, the following live/work standards apply in the C-W district.

1. Only ground floor space may be changed to live/work units.

2. The total floor area of the live/work unit must be at least 800 square feet.

C. MU-LI District. In addition to the standards in Subsection A (All Districts) above, the following live/work standards apply in the MU-LI district.

1. At least one resident in the live/work unit must be engaged in an art craft studio activity or in an activity which requires space not typically available in a conventional residential setting.

2. The specific activity a live/work resident will engage in must be stated.

3. The total floor area of the live/work unit must be at least 1,000 square feet.

D. MU-R District. In addition to the standards in Subsection A (All Districts) above, the following live/work standards apply in the MU-R district.

1. The total floor area of the live/work unit must be at least 1,000 square feet.

2. The live/work unit must meet the location limitations in 23.206.090.B.8 (MU-R Mixed Use-Residential District--Residential Uses). (Ord. 7853-NS § 1, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

A. All Districts.

1. To approve any Use Permit or AUP for a live/work unit in any district, the review authority must find that the proposed project is consistent with the purpose of this chapter.

2. To approve a Use Permit to establish or change the work use of a live/work unit to medical office or group instruction, the ZAB must find that adequate parking for the use has been provided.

B. C-W District. In addition to the findings in Subsection A (All Districts) above, the ZAB may approve a Use Permit to change a residential unit to a live/work unit and retain less than 75 percent of the pre-existing residential area as living area within the live/work unit only if it makes all of the following findings:

1. There are special circumstances particular to the application which make it appropriate to retain less than 75 percent of the pre-existing residential area as living space within the live/work unit; and

2. The exterior appearance of the live/work unit has been designed to be compatible with adjacent and nearby residential uses.

C. MU-LI District. In addition to the findings in Subsection A (All Districts) above, the review authority may approve a Use Permit or AUP for a live/work unit in the MU-LI district only if it makes all of the following findings:

1. The applicant has made adequate provisions to ensure that within the live/work units, occupants of the live/work units will only engage in the occupations listed in the definition of art/craft studios.

2. Development of such live/work units is not incompatible with adjacent and nearby industrial uses.

3. The applicant has recorded with the County Recorder a statement acknowledging that the live/work unit is being established in a district where manufacturers and other industries operate lawfully and that the applicant will not seek to impede their lawful operation. In addition, the applicant will require any tenants to sign such a statement, and require all persons purchasing live/work units to sign and record such a statement.

D. MU-R District. In addition to the findings listed in Subsection A (All Districts) above, the review authority may approve a Use Permit or AUP to establish or modify a live/work unit in the MU-R district only if it makes all of the following findings:

1. Establishment of a live/work unit will not interfere with the lawful operation of manufacturers and other industries existing in or adjacent to the district and will not impede the lawful future establishment of manufacturers and other industries permitted under the West Berkeley Plan.

2. The applicant has recorded with the County Recorder a statement acknowledging that the live/work unit is being established in a district where manufacturers and other industries operate lawfully and that he/she will not seek to impede their lawful operation. In addition, the applicant will require any tenants to sign such a statement, and require all persons purchasing live/work units to sign and record such a statement.

3. If the applicant proposes to change one or more dwelling unit to a live/work unit, the elimination of dwelling unit and the change of use would not be materially detrimental to the housing needs and public interest of the affected neighborhood and the city.

4. If the applicant proposes to change a residential unit to a live/work unit and retain less than 75 percent of the pre-existing residential area as living area within the live/work unit:

(a) There are special circumstances particular to the application which make it appropriate to retain less than 75 percent of the pre-existing residential area as living space within the live/work unit; and

(b) The exterior appearance of the live/work unit has been designed to be compatible with adjacent and nearby residential uses. (Ord. 7787-NS § 2 (Exh. A), 2021)