Berkeley Municipal Code Ch. 23.322 Parking and Loading

This chapter establishes parking and loading standards to:

A. To efficiently allocate parking spaces in the City;

B. Regulate the provision of off-street parking spaces within the City; and

C. Reduce the amount of on-street parking of vehicles, thus increasing the safety and capacity of Berkeley’s street system. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. New Uses and Buildings. In all districts, off-street parking and loading as required by this chapter shall be provided when:

1. A new building is constructed or moved onto a lot; and

2. A new use is established where no use previously existed.

B. Enlargement and Intensification.

1. Where an existing use or structure is enlarged or intensified, but where there is no change in use, additional off-street parking and loading is required to serve only the enlarged or intensified area. Additional parking is not required to remedy parking deficiencies existing before the expansion or enlargement.

2. As used in this section, enlarging or intensifying a use or structure includes, but is not limited to adding or creating floor area, dwelling units, guest rooms, seats, or employees.

C. Changes of Use.

1. Commercial Districts. In the Commercial Districts, off-street parking is required for a change in use only when the structure is expanded to include new floor area.

2. Manufacturing and R-SMU Districts.

(a) In the Manufacturing and R-SMU districts, off-street parking is required for a change in use only when:

i. The structure is expanded to include new floor area; and/or

ii. The use is changed to one with a numerical parking standard greater than the district minimum.

(b) If the new use is changed to one with a higher numerical parking standard than the district minimum, the new use must provide the incremental difference between the two numerical parking standards. A higher numerical parking standard may be reduced to the district minimum as provided in Section 23.322.050(A)(2) (Change of Use).

(c) As used in this section, the "district minimum" parking requirement is:

i. 2 spaces per 1,000 square feet of floor area in the Manufacturing Districts; and

ii. 1 space per 1,000 square feet of floor area in the R-SMU district.

3. All Other Residential Districts. In all Residential Districts except for R-SMU, off-street parking spaces are required for all changes in use.

D. Location Exemption. Off-street parking spaces are not required for new uses or buildings, or an enlargement or intensification of an existing use or structure, that is located within 0.5 miles of a major transit stop, as defined by Section 21155 of the California Public Resources Code, unless otherwise authorized by Government Code Section 65863.2. (Ord. 7888-NS § 9, 2023; Ord. 7882-NS § 19, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Residential Districts.

1. Spaces Required. Table 23.322-1 shows minimum required off-street parking spaces in the Residential Districts.

Table 23.322-1. REQUIRED OFF-STREET PARKING IN RESIDENTIAL DISTRICTS

[1]Excludes community care facilities which under state law must be treated in the same manner as a single-family residence.

2. Other Uses. If a use requires an AUP or Use Permit and is not listed in Table 23.322-1, the review authority shall determine the required number of off-street parking spaces based on the amount of traffic generated by the use and the number of spaces required for other similar uses.

3. Offices.

(a) In Residential Districts where offices are allowed, the Zoning Adjustments Board (ZAB) may reduce the parking requirement for non-medical offices to one parking space per 800 square feet of gross floor area.

(b) To approve the reduction, the ZAB must find that the reduction is justified because the amount of direct contact with clients, visitors, or the general public will be less than ordinarily is the case.

4. ES-R Parking Requirement.

(a) For purposes of calculating required parking in the ES-R district, "bedroom" means any habitable space in a dwelling unit or residential accessory structure other than a kitchen or living room that is intended for or capable of being used for sleeping and that is at least 70 square feet in area.

(b) A room identified as a den, library, study, loft, dining room, or other extra room that satisfies this definition is considered a bedroom.

(c) Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

(d) The division of existing habitable space does not require additional parking if there is no net increase in the gross floor area of the building and no more than one additional bedroom is created.

B. Commercial Districts.

1. Spaces Required. Table 23.322-2 shows minimum required off-street parking spaces in the Commercial Districts, excluding the C-T district.

Table 23.322-2. REQUIRED OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS (EXCLUDING C-T)

Notes:

[1]Spaces must be on the same lot as building it serves.

2. Exemptions. Table 23.322-3 shows projects and land uses in the Commercial Districts that are exempt from parking requirements. No Use Permit or other discretionary approval is required for these exemptions.

Table 23.322-3. PARKING EXEMPTIONS IN COMMERCIAL DISTRICTS

3. C-T District.

(a) Off-street parking is not required in the C-T district.

(b) New off-street parking is not permitted on lots abutting Telegraph Avenue exclusively. New off-street parking is only permitted on lots abutting a street other than Telegraph Avenue where access to the parking is from curb cuts existing on July 6, 1989. A Use Permit is required to establish the new parking. To approve the Use Permit, the ZAB must find that traffic from the new parking will not significantly impede pedestrian circulation.

4. C-W District.

(a) Required Parking Determined by Zoning Officer or ZAB. For the following categories of uses as shown in Table 23.204-1 (Allowed Uses in Commercial Districts), the Zoning Officer or ZAB shall determine the number of required off-street parking spaces in the C-W district based on the amount of traffic generated by the use and the number of spaces required for other similar uses:

i. Public and quasi-public uses.

ii. Automobile and other vehicle oriented uses.

iii. Outdoor uses.

iv. Residential and related uses.

v. Other miscellaneous uses.

vi. Other industrial uses.

(b) Maximum Parking. The number of parking spaces provided for new commercial floor area in the C-W district shall not exceed:

i. 5 spaces per 1,000 square feet of gross floor area of food service uses; and

ii. 4 spaces per 1,000 square feet of gross floor area for all other commercial uses.

C. Manufacturing Districts.

1. Spaces Required.

2. Table 23.322-4 shows minimum required off-street parking spaces in the Manufacturing Districts.

Table 23.322-4. REQUIRED OFF-STREET PARKING IN MANUFACTURING DISTRICTS

Notes:

[1]For multiple dwellings where the occupancy will be exclusively for persons over the age of 62, the number of required off-street parking spaces may be reduced to 25% of what would otherwise be required for multiple-family dwelling use, subject to obtaining a Use Permit.

3. Required Parking Determined by Zoning Officer or ZAB.

(a) For the following categories of uses as shown in Table 23.206-1, the Zoning Officer or ZAB shall determine the number of required off-street parking spaces in the Manufacturing Districts based on the amount of traffic generated by the use and the number of spaces required for other similar uses:

i. Public and Quasi-Public Uses.

ii. Vehicle Sales and Service Uses.

iii. Other Miscellaneous Uses.

iv. Industrial and Heavy Commercial Uses, excluding manufacturing and wholesale trade.

D. Calculating Required Spaces.

1. Fractional Spaces. When calculating the number of required off-street parking spaces results in a fractional space, any fraction below one-half is disregarded, and fractions one-half and above are counted as requiring one parking space.

2. Employees. Where a parking requirement is based on the number of employees, the number of employees is based upon the shift or employment period when the greatest number of employees are present.

3. Floor Area.

(a) Where a parking requirement is based on floor area, the definition of gross floor area as set forth in 23.502 (Glossary) shall apply.

(b) In Non-Residential Districts, the floor area calculation for the purpose of determining required parking shall also include outdoor dining areas, garden/building supply yards, customer-serving outdoor areas for retail sales, and other unenclosed areas of the lot.

E. Additional Required Parking. If the expected demand for off-street parking spaces is found to exceed the number of spaces required by Table 23.322-1, Table 23.322-2, or

F. Table 23.322-4, additional off-street parking may be required as a condition of approval.

G. Buildings with Multiple Uses.

1. When a building contains two or more uses, the total required number of off-street parking spaces is the sum of the requirements for each use computed separately.

2. A required off-street parking spaces for one use may not provide required off-street parking spaces for any other use except as allowed by Section 23.322.040.D (Joint Use of Parking).

H. Including Existing Uses. Existing off-street parking spaces shall be counted towards meeting the overall parking requirements where new floor area is added to an existing site or project.

I. Spaces Serving Existing Uses.

1. Unless otherwise allowed by this chapter, parking spaces serving an existing use may not be reduced below the number of spaces required by this section. If an existing use has fewer parking spaces than required by this section, the number of spaces serving the use may not be further reduced.

2. In Non-Residential Districts, off-street parking spaces provided in conjunction with a use or structure existing on October 1, 1959, on the same property or on property under the same ownership, may not be reduced below, or if already less than, may not be further reduced below, the requirements of this chapter for a similar use or structure.

3. Existing parking spaces in a non-residential district may be removed to meet ADA compliance or traffic engineering standards.

J. In-Lieu Parking Fee.

1. General.

(a) In Non-Residential Districts with a public parking fund to create public parking, an applicant may pay a fee in lieu of providing required off-street parking spaces.

(b) The in-lieu parking fee shall be established by City Council resolution.

(c) In-lieu payments shall be used for the purposes stated in each ordinance establishing the public parking funds.

(d) In-lieu fees may, at the applicant’s option, be paid in a lump sum or in annual installments as specified in each ordinance establishing the parking fund and may be adjusted annually for inflation.

(e) If paid annually, the first annual payment of an in-lieu fee is due as a condition of occupancy and subsequent payments are due on January 31 of succeeding years.

2. C-DMU District. Paying an in-lieu fee to reduce or waive required off-street parking in the C-DMU district requires a Use Permit. To approve the Use Permit, the ZAB must find that the applicant will pay an in-lieu fee to a fund established by the City that provides enhanced transit services. (Ord. 7983-NS § 12, 2025; Ord. 7957-NS § 12, 2025; Ord. 7955-NS § 30, 2025; Ord. 7945-NS §§ 8, 9, 2024; Ord. 7888-NS §§ 10--12, 2023; Ord. 7882-NS §§ 20, 21, 2023; Ord. 7835-NS § 9, 2022; Ord. 7815-NS § 13, 2022; Ord. 7810-NS § 12, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Compliance Required.

1. The City may issue a Zoning Certificate or approve an AUP or Use Permit only for a use or structure that complies with this chapter.

B. Modified Requirements.

1. Number of Spaces. See Section 23.322.050 (Parking Reductions) for allowed reductions to the number of required off-street parking spaces.

2. Other Requirements.

(a) The Zoning Officer or ZAB may reduce any parking requirement in this chapter that is unrelated to the number of required spaces for:

i. New floor area created through building expansions in the Commercial, Manufacturing, and R-SMU Districts; and

ii. A change of use of existing floor area in the manufacturing and R-SMU districts where the new use has a higher numerical parking standard than the existing use.

(b) If the use served by the parking requires an AUP, the Zoning Officer may approve the modification. If the use requires a Use Permit, the ZAB may approve the modification.

(c) When allowed by Paragraph (a) above, the review authority may allow the modification upon finding that:

i. The modification allows the continued use of an existing parking supply; and

ii. Meeting the parking requirements is not financially feasible or practical.

C. Location of Parking.

1. Minimum Distance for Use or Structure.

(a) A required off-street parking space must be located within 300 feet from the structure or use it is intended to serve, except as otherwise allowed by this chapter.

(b) The required distance is measured from the nearest point of the off-street parking space provided to the nearest point of the lot on which the use or structure to be served is located. Measurement is along public or private rights-of-way available for pedestrian access from the structure or use to the parking space.

2. C-DMU District. Required off-street parking spaces may be provided on-site or off-site and within 800 feet of the use it serves. Off-site spaces may be more than 800 feet from the use with an AUP.

3. Ownership. If a required off-street parking space is located on a different lot from the structure or use it serves, the parking space must be either:

(a) Located on land under the same ownership as the land where the structure or use is located; or

(b) Subject to a Joint Use Agreement as provided in 23.322.040.D (Joint Use of Parking).

D. Joint Use of Parking.

1. All Districts. The Zoning Officer may approve an AUP to allow two uses to share parking spaces and satisfy their off-street parking requirement with a Joint Use Agreement. To approve the AUP, the Zoning Office must find that:

(a) The off-street parking spaces designated for joint use are located within 800 feet of the use to be served;

(b) The times demanded for joint-use parking spaces will not conflict substantially between the land uses sharing the spaces; and

(c) The off-street parking spaces designated for joint use are not otherwise committed to satisfying the parking requirements for another land use at similar times.

2. Offices in R-4 and R-5 Districts. The ZAB may approve a Use Permit to allow offices in the R-4 or R-5 district to share parking spaces with a multi-unit residential use. To approve the Use Permit, the ZAB must find that:

(a) No more than 20 percent of the off-street parking spaces required for the multiple dwelling use will serve as required off-street parking for offices; and

(b) The shared off-street parking spaces are located on the same lot as the offices that they serve or are on property under the same ownership within 300 feet from the offices.

3. Deed Restriction. A property with joint-use parking spaces shall record a deed restriction as provided in Section 23.322.040.F (Deed Restrictions).

E. Off-Site Parking Spaces.

1. Non-Residential Districts. In Non-Residential Districts, the following requirements apply to required parking spaces not on the property where the use is located.

(a) Off-site parking spaces may not be used to satisfy the off-street parking requirement for another use.

(b) Off-site parking must be available during the normal hours of operation of the use that it serves.

(c) A deed restriction must be recorded as provided in Section 23.322.040.F (Deed Restrictions). Table 23.322-5 shows the maximum distance that off-site parking spaces may be located from the use or structure it serves and the permit required to exceed this distance.

Table 23.322-5. OFF-SITE PARKING SPACE DISTANCE REQUIREMENTS

Note:

[1]Measurement shall be from the closest two points of the respective parcels, as measured in a straight line.

2. CW District. If the use or structure served by off-site parking is within a designated node in the C-W district, the off-site parking spaces must also be located within the same designated node.

F. Deed Restrictions.

1. If a required off-street parking space is located off-site or in a joint use agreement, a statement shall be recorded in the Office of the County Recorder that restricts the use of the property and designates the off-street parking that is to serve the other property.

2. The deed restrictions shall state that the property cannot be used so as to prevent the use of the parking requirements of the City, unless the restriction is removed by the City.

3. Upon submission of satisfactory evidence either that other parking space meeting the parking requirements has been provided or that the building or use has been removed or altered in use so as to no longer require the parking space, the City of Berkeley shall remove the restriction from the property.

G. Removal of Spaces.

1. Permit Required. A Use Permit is required to remove parking spaces as follows:

(a) R-S, R-SMU, C-T districts: Removing existing off-street parking spaces for main buildings.

(b) C-SO, C-NS districts: Removing existing off-street parking spaces in excess of the number required spaces.

2. Findings. To approve the Use Permit in the R-S, R-SMU, and C-T districts, the ZAB must find that the parking reduction is consistent with the purposes of the district and meets the findings in Section 23.322.050.B (Findings). No additional findings are required in the C-SO and C-NS districts.

H. Required Parking Spaces for Persons with Disabilities. If the number of required off-street parking spaces in a non-residential district is reduced as allowed by this chapter, the number of required parking spaces for persons with disabilities shall be calculated as if there had been no reduction in required spaces.

I. Nonconforming Parking--ES-R District.

1. A lawfully established use that does not provide the required number of off-street parking spaces may be continued and maintained if there is no increase in the area, space, or volume occupied by or devoted to the use, except as allowed by Paragraph (2) below.

2. A single-family detached structure that does not provide the required number of off-street parking spaces may be increased by a cumulative total of up to 200 square feet over the floor area that existed on June 6, 2010 if:

(a) The addition or alteration complies with all other applicable standards;

(b) The addition or alteration is not used as a bedroom; and

(c) No portion of the building or any other structure on the same lot is used for rental rooms.

J. Access to Spaces. A building, structure, alteration, fence, landscaping, or other site feature may not be constructed, erected, planted, or allowed to be established that impedes vehicle access to a required off-street parking space.

K. Parking Permits. Residents in the following projects are not eligible to receive parking permits under the Residential Permit Parking Program (RPP) as provided in Municipal Code Chapter 14.72 (Preferential Parking Program):

1. Residential projects in the R-S, R-SMU, and C-T districts that are constructed without parking.

2. Projects in the C-DMU district with residential units or group living accommodation units, including units converted from a non-residential use. (Ord. 8007-NS § 16, 2026; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Allowed Reductions. The Zoning Officer or ZAB may reduce or waive the number of off-street parking spaces required by Section 23.322.030 (Required Parking Spaces) for the following projects.

1. Building Expansions.

(a) Where Allowed: All Commercial and Manufacturing Districts, R-SMU district.

(b) Eligible Uses: Expansions to existing buildings (all uses).

(c) Required Permit: AUP.

(d) Findings: The Zoning Officer must make the findings in Subsection B (Findings) below.

2. Change of Use.

(a) Where Allowed: All Manufacturing Districts, R-SMU district.

(b) Eligible Uses: Change of use to a new use with a higher numerical parking standard. In a Manufacturing District, the reduction is allowed only if the change of use is 2,500 square feet or less.

(c) Required Permit: Use Permit for projects that require ZAB approval. AUP for all other projects.

(d) Findings: The review authority must make the findings in Subsection B (Findings) below.

3. Non-Residential Uses in Main Residential Building.

(a) Where Allowed: R-SMU district.

(b) Eligible Uses: Non-residential uses in main buildings that contain dwelling units or group living accommodations.

(c) Required Permit: AUP.

(d) Findings: To approve the AUP, the Zoning Officer must find that the parking reduction is consistent with the purposes of the R-SMU district as stated in 23.202.140.A (District Purpose).

4. Residential Uses in Mixed-Use Buildings.

(a) Where Allowed: All districts.

(b) Eligible Uses: The residential use portion of a mixed-use building (residential and commercial).

(c) Required Permit: AUP

(d) Findings: To approve the Use Permit, the ZAB must make findings in each district chapter:

i. C-C district: 23.204.050.D.3.b

ii. C-U district: 23.204.060.D.3.b

iii. C-N district: 23.204.070.D.4

iv. C-SA district: 23.204.100.D.2

v. C-SO district: 23.204.120.D.2

5. Exclusive Residential Uses.

(a) Where Allowed: All districts.

(b) Eligible Uses: Buildings occupied exclusively by residential uses.

(c) Required Permit: AUP

(d) Findings: To approve the AUP, the Zoning Officer must make findings in each district chapter:

i. C-C district: 23.204.050.D3.b

ii. CU district: 23.204.060.D.3.b

iii. C-N district: 23.204.070.D.4

iv. C-SA district: 23.204.100.D.2

v. C-SO district: 23.204.120.D.2

6. Commercial Uses in Mixed-Use Building.

(a) Where Allowed: C-C, CU, C-SA districts.

(b) Location Limitations: In the C-C, C-U districts, the reduction is allowed only on blocks adjacent to University Avenue and lots north of University Avenue, south of Delaware Street, east of Bonita Avenue and west of Oxford Street.

(c) Eligible Uses: Any commercial use portion of a mixed-use building which combines retail products stores and/or personal household services and multi-unit residential uses within the same building or located on the same lot (or contiguous lots as part of the same project).

(d) Required Permit: Use Permit.

(e) Findings: The ZAB must make the findings in Subsection B (Findings) below.

7. All Uses in Mixed-Use Building.

(a) Where Allowed: C-W district.

(b) Eligible Uses: All uses in a mixed-use building (residential and commercial).

(c) Permit Required: Use Permit for projects that require ZAB approval. AUP for all other projects.

(d) Finding: To approve the permit, the review authority must find that:

i. The reduction promotes any of the C-W district purpose statements in 23.204.140.A (District Purpose); and

ii. The reduction in the parking requirement is not expected to cause a serious shortage of parking in the area.

8. Bicycle/Motorcycle Spaces.

(a) Where Allowed: C-W and all Manufacturing Districts.

(b) Eligible Uses: All uses.

(c) Allowed Reduction: Up to 10 percent of required off-street automobile spaces may be designated as bicycle and/or motorcycle parking. Bicycle parking must be in addition to bicycle parking required by 23.322.090 (Bicycle Parking).

(d) Permit Required: Use Permit for projects that require ZAB approval. AUP for all other projects.

(e) Finding: To approve the permit, the review authority must find that:

i. The substitution will not lead to an undue shortage of automobile parking spaces; and

ii. It can be reasonably expected that there will be demand for the bicycle and/or motorcycle parking spaces.

9. Proximity to Public Parking Facility.

(a) Where Allowed: C-W district.

(b) Eligible Uses: All uses within 1,000 feet of a public parking facility available to all members of the public.

(c) Permit Required: Use Permit.

(d) Finding: No additional findings.

10. Downtown Reduction/Waiver.

(a) Where Allowed: C-DMU district.

(b) Eligible Uses: All uses.

(c) Permit Required: Use Permit or modified with an AUP.

(d) Finding: The Zoning Officer must make the findings in Subsection B (Findings) below.

11. Adding Residential Units.

(a) Where Allowed: MU-R district.

(b) When Allowed: Adding a residential unit to a property with one or more existing residential units.

(c) Permit Required: AUP

(d) Findings. To approve the AUP Permit, the ZAB must find that:

i. Existing evening parking supply is adequate; and/or

ii. Other mitigating circumstances exist on the property.

12. Limited Duration Reduction.

(a) Where Allowed: M and MM District.

(b) Eligible Uses: All uses.

(c) Permit Required: Use Permit valid for a specified duration not to exceed five years.

(d) Findings. To approve the Use Permit, the ZAB must find that under the circumstances of the particular use and building, the demand for parking can be expected to be below the otherwise required level for a sustained period of time.

B. Findings. Required findings below are in addition to permit findings required in Section 23.406 (Specific Permit Requirements).

1. Commercial, R-S, and R-SMU Districts. When required by Subsection A (Allowed Reductions) above or elsewhere in the Zoning Ordinance, the review authority must make the following findings to approve a reduction in required off-street parking spaces in a Commercial District, the R-S district, or the R-SMU district:

(a) The reduction will not substantially reduce the availability of on-street parking in the vicinity of the use.

(b) One of the following is true:

i. The use is located one-third of a mile or less from a Bay Area Rapid Transit (BART) station, intercity rail station or rapid bus transit stops.

ii. The use is located one-quarter of a mile or less from a public or private parking area, lot, or structure that is accessible by the employees of the use and sufficient parking supply is available therein to mitigate the reduction in parking for the use.

iii. A parking survey conducted under procedures set forth by the Planning Department finds that within 500 feet or less of the use, on non-residential district streets, at least two times the number of spaces requested for reduction are available at on-street parking spaces during the peak hours of operation of the use.

(c) One of the following is true:

i. The parking requirement modification will meet the purposes of the district related to improvement and support for alternative transportation, pedestrian improvements, and activity, or similar policies.

ii. There are other factors, such as alternative transportation demand management strategies or policies in place, that will reduce the parking demand generated by the use.

2. Manufacturing Districts. When required by Subsection A (Allowed Reductions) above or elsewhere in the Zoning Ordinance, the review authority must make the following findings to approve a reduction in required off-street parking spaces in a Manufacturing District:

(a) The reduction will not substantially reduce the availability of on-street parking in the vicinity of the use.

(b) One of the following is true:

i. The use is located one-third of a mile or less from a rapid bus transit stop, an intercity rail station, or a bus stop serving at least four lines.

ii. The use is located one-quarter of a mile or less from a public or private parking area, lot, or structure that is accessible by the employees of the use and sufficient parking supply is available in these facilities to mitigate the reduction in parking.

iii. A parking survey conducted under procedures set forth by the Planning Department finds that within 500 feet or less of the use, on non-residential district streets, at least two times the number of spaces requested for reduction are available at on-street parking spaces during the peak hours of operation of the use.

(c) One of the following is true:

i. The parking requirement modification will implement the West Berkeley Plan goals and policies related to improvement and support for alternative transportation, pedestrian improvements and activity, and similar policies.

ii. There are other project-specific transportation demand management strategies or policies in place, including but not limited to employer sponsored transit subsidies, car sharing programs, bicycle storage, and flexible work schedules. (Ord. 8007-NS § 17, 2026; Ord. 7787-NS § 2 (Exh. A), 2021)

The parking and transportation demand management requirements in this section apply in the C-DMU district.

A. Dynamic Signage.

1. New construction that results in an off-street total of more than 25 publicly available parking spaces shall install dynamic signage to Transportation Division specifications.

2. Required signage includes, but is not limited to:

(a) Real-time garage occupancy signs at the entries and exits to the parking facility with vehicle detection capabilities and enabled for future connection to the regional 511 Travel Information System; or

(b) Equivalent signs as determined by the Zoning Officer in consultation with the Transportation Division Manager.

B. Unbundled Parking.

1. For any new building with residential units or structures converted to a residential use, required parking spaces shall be leased or sold separate from the rental or purchase of dwelling units for the life of the dwelling unit.

2. The ZAB may approve a Use Permit to waive the requirement in Paragraph (1) above for projects that include financing for affordable housing. To approve the Use Permit, the ZAB must find that the applicant has shown that the combined parking is necessary to obtain financing or meeting other obligations.

C. Employee/Resident Benefits.

1. For new structures or additions over 20,000 square feet, the property owner shall provide at least one of the following transportation benefits at no cost to every employee, residential unit, and/or group living accommodation resident:

(a) A pass for unlimited local bus transit service; or

(b) A functionally equivalent transit benefit in an amount at least equal to the price of a non-discounted unlimited monthly local bus pass. Any benefit proposed as a functionally equivalent transportation benefit shall be approved by the Zoning Officer in consultation with the Transportation Division Manager.

2. A notice describing these transportation benefits shall be posted in a location visible to employees and residents.

D. Vehicle Sharing Spaces.

1. Spaces Required. For residential structures constructed or converted from a non-residential use that provide off-street parking, vehicle sharing spaces shall be provided in the amounts shown in Table 23.322-6. Vehicle sharing spaces are not required for projects that do not provide off-street vehicle parking.

Table 23.322-6. REQUIRED VEHICLE SHARING SPACES

2. Requirements.

(a) The required vehicle sharing spaces shall be offered to vehicle sharing service providers at no cost.

(b) The vehicle sharing spaces shall remain available to a vehicle sharing service provider as long as providers request the spaces.

(c) If no vehicle sharing service provider requests a space, the space may be leased for use by other vehicles.

(d) When a vehicle sharing service provider requests such space, the property owner shall make the space available within 90 days.

E. Parking and Transportation Demand Management Compliance Report.

1. Before issuance of a Certificate of Occupancy, the property owner shall submit to the Department of Transportation a completed Parking and Transportation Demand Management (PTDM) compliance report on a form acceptable to the City of Berkeley.

2. The property owner shall submit to the Department of Transportation an updated PTDM compliance report on an annual basis. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Applicability.

1. This section applies to new residential projects with two or more dwelling units on a parcel, including the residential portion of mixed-use projects, where any portion of the project is located either:

(a) Within 0.25 miles of a major transit stop, as defined by Section 21064.3 of the California Public Resources Code; or

(b) Along a transit corridor with service at 15-minute headways during the morning and afternoon peak periods.

2. Exemptions. The following types of projects are exempt from the requirements of this section:

(a) Projects for which a building permit was issued before March 19, 2021.

(b) Residential projects, including the residential portions of mixed-use projects, with the majority of the units subject to recorded affordability restrictions;

(c) Projects located on a roadway with less than 26 feet pavement width in the Hillside Overlay.

(d) Projects located in the Environment Safety-Residential (ES-R) district.

B. Off-Street Parking Maximum. Any project subject to this chapter shall not include off-street residential parking at a rate higher than 0.5 parking spaces per Dwelling Unit.

C. Adding Units to Existing Buildings or Properties.

1. The parking maximum required by this section applies to new dwelling units added to an existing property or building where the addition results in two or more units on the parcel.

2. Adding a unit to an existing property or building does not require the removal of any existing off-street parking spaces.

D. Excess Off-Street Parking.

1. Off-street residential parking in excess of the maximum number in Section 23.322.070.B (Off-Street Parking Maximum) may be approved with an AUP.

2. To approve an AUP for excess off-street parking, the review authority must make one or both of the following findings:

(a) Trips to the use or uses to be served, and the apparent demand for additional parking, cannot be satisfied by the amount of parking permitted by this section, by transit service which exists or is likely to be provided in the foreseeable future, or by more efficient use of existing on-street and off-street parking available in the area;

(b) The anticipated residents of the proposed project have special needs or require reasonable accommodation that relate to disability, health or safety that require the provision of additional off-street residential parking. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Traffic Engineering Requirements.

1. All off-street parking spaces, access driveways, circulation patterns, and ingress and egress connections to the public right-of-way must conform to the City of Berkeley’s Traffic Engineering requirements.

2. The Traffic Engineer shall determine whether the size, arrangement, and design of off-street parking spaces, access driveways, circulation patterns, and ingress and egress connections to the public right-of-way are adequate to create usable, functional, accessible, and safe parking areas, and are adequately integrated with Berkeley’s overall street pattern and traffic flows.

B. Dimensional Standards. Dimensional requirements and standards for off-street parking spaces, driveways, and other access improvements, and maneuvering aisles shall be incorporated in administrative regulations, subject to the review and approval by the City Manager and ZAB.

C. Access Orientation in Non-Residential Districts. Access to new parking areas in a Non-Residential District that serve commercial uses shall be oriented in such a way as to minimize the use of streets serving primarily residential uses.

D. Residential Parking Lots in Non-Residential Districts. Parking lots in a non-residential district used exclusively for residential parking must comply with standards in Section 23.322.080 that apply in Residential Districts.

E. Placement--Residential Districts.

1. Side Setback Areas.

(a) One new off-street parking space in a required side setback area, where none exists, is allowed by right.

(b) The space must be constructed of a permeable surface unless the Public Works Department or Office of Transportation determines it is infeasible.

(c) The space must be screened as required by 23.322.080.I (Screening).

(d) The location of the space shall minimize impact on usable open space.

2. Other Setback Areas. No portion of an off-street parking space may be located in a required front, street side, or rear setback area unless:

(a) The parking space location is authorized by Chapter 23.306 (Accessory Dwelling Units); or

(b) The Zoning Officer approves an AUP, in consultation with the Traffic Engineer, and the space meets all applicable requirements in this section.

3. Multifamily Buildings.

(a) An off-street parking space may not be located closer than 10 feet in horizontal distance from a door or a window of a building with three or more dwelling units where the space is on the same or approximately the same level as the building.

(b) For the purposes of this section, a window whose bottom edge or point is more than 6 feet in vertical height from the level of the subject off-street parking space is not considered on the same or approximately the same level.

(c) The Zoning Officer may approve an AUP to grant an exception to this requirement.

F. Placement--Non-Residential Districts.

1. Where Prohibited. Except when otherwise allowed by this chapter, ground-level off-street parking spaces are not permitted within 20 feet of the lot’s street frontage unless the parking is entirely within a building with walls.

2. Corner Lots. For a corner lot, the ZAB may approve a Use Permit to allow the parking within 20 feet of the street frontage facing the secondary street.

3. C-W District.

(a) Off-street automobile parking in the C-W district is not permitted between the front lot line and a main structure within a designated node.

(b) Outside of a designated node, off-street automobile parking may be allowed between the front lot line and a main structure with a Use Permit or AUP. If the project requires ZAB approval, a Use Permit is required. An AUP is required for all other projects.

(c) To approve the AUP or Use Permit, the review authority must find that one or more of the following is true:

i. Parking in the rear or on the side of the property is impractical because of the lot’s depth and/or width.

ii. Parking in the rear of the property would result in adverse impacts on abutting residential or other uses.

iii. Parking in the rear or on the side of the property would result in the placement of a driveway in an unsafe location.

iv. Continuation or re-establishment of parking in front of the building is necessary for the reuse of an existing structure which is substantially set back from the front lot line.

G. Placement--ADU.

1. On a lot with an existing or proposed ADU, replacement of off-street parking for a main building, or off-street parking for an ADU, is allowed in any configuration on the lot, including within the front setback; or

2. Within the Hillside Overlay on a lot with an existing or proposed ADU, where no legal off-street parking exists for the main building, required parking provided for the main building is allowed in any configuration on the lot, including within the front setback.

H. Grade Change. This subsection applies to off-street parking spaces in all districts, except for parking decks in Residential Districts.

1. The difference in elevation between a parking space and the finished grade on adjacent areas of the lot may not exceed 5 feet at any point.

2. Where there is a difference in elevation between a parking space and adjacent finished grade, the parking space shall be setback from a lot line as shown in Table 23.322-7.

Table 23.322-7. REQUIRED SETBACKS FOR PARKING SPACES WITH ADJACENT GRADE CHANGES

I. Screening.

1. Table 23.322-8 shows required parking space screening. Screening must effectively screen parked vehicles from view from buildings and uses on adjacent, abutting, and confronting lots. Screening may not interfere with pedestrian safety.

Table 23.322-8. REQUIRED PARKING SPACE SCREENING

2. In the C-W, M, MM, MU-LI districts, screening and landscape buffers are not required for any portion of a parking lot adjacent to Third Street (Southern Pacific Railroad).

J. Landscape Buffers.

1. All paved areas for off-street parking spaces, driveways, and any other vehicle-related paving must be separated from adjacent lot lines and the public right-of-way by a landscaped strip as shown in Table 23.322-9.

Table 23.322-9. REQUIRED LANDSCAPE BUFFERS

[1]Calculated as average width along the full length of landscape strip

2. In all districts, this landscape buffer requirement does not apply to driveways that serve two adjacent lots when adjacent to a side lot line.

3. In the Residential Districts, this landscape buffer requirement also does not apply to pedestrian walkways that are separated from such areas by a landscaped strip at least two feet wide.

K. Paved Setback Areas. In Residential Districts, the total area of pavement devoted to off-street parking spaces, driveways, and other vehicle-related paving may not exceed 50 percent of any required setback area that runs parallel to and abuts a street.

L. Driveway Width.

1. A driveway may not exceed 20 feet in width at any lot line abutting a street or one-half of the width of the street frontage of the lot, whichever is less.

2. In a Non-Residential district, the Zoning Officer may modify this requirement with an AUP.

M. Driveway Separation. On a single lot in a Residential District, driveways must be spaced at least 75 feet from one another, as measured along any continuous lot line abutting a street.

N. Tandem Parking. Tandem spaces that provide required off-street parking require an AUP, except when allowed by right by Chapter 23.306 (Accessory Dwelling Units).

O. Carports. A carport shall meet the minimum horizontal and vertical dimensions specified by the City’s Traffic Engineer to be used for one or more legal parking spaces required under this chapter. (Ord. 7955-NS § 31, 2025; Ord. 7888-NS § 13, 2023; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Parking Spaces Required.

1. Non-Residential Bicycle Parking. Table 23.322-10 shows districts where bicycle parking is required, land uses requiring bicycle parking, and the number of required spaces. Bicycle parking is required for new construction and for expansions to existing buildings that add new floor area.

Table 23.322-10. REQUIRED NON-RESIDENTIAL BICYCLE PARKING

(a) In the C-DMU district, the Zoning Officer, in consultation with the City Traffic Engineer, may approve an AUP to modify the bicycle parking requirement in Table 23.322-10 for Tourist Hotels.

2. Residential Parking. Table 23.322-11 shows the types of residential projects, including the residential portion of mixed-use projects, for which bicycle parking is required.

Table 23.322-11. REQUIRED RESIDENTIAL BICYCLE PARKING

[1]Long-Term Parking and Short-Term Parking shall meet the design standards included in Appendix F of the 2017 Berkeley Bicycle Plan, or as subsequently amended by the Transportation Division.

B. Bicycle Parking Standards. The following standards apply to required bicycle parking spaces in a non-residential district:

1. Bicycle parking spaces shall be located in either a locker, or in a rack suitable for secure locks, and shall require location approval by the City Traffic Engineer and Zoning Officer.

2. Bicycle parking shall be located in accordance to the Design Review Guidelines and other design specifications promulgated by the Transportation Division. (Ord. 7815-NS § 14, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)

A. When Required. Table 23.322-12 shows land uses that require on-site loading spaces consistent with this section. In Residential Districts, on-site loading spaces are required for any modifications to existing uses and for new construction. In Commercial and Manufacturing Districts, on-site loading spaces are required for new or additional construction of 10,000 square feet or more.

Table 23.322-12. LAND USES REQUIRING OFF-STREET LOADING SPACES

Note:

[1]Land use size is total gross floor area.

B. Number of Loading Spaces. For land uses that require an on-site loading space, Table 23.322-13 shows the minimum number of required spaces.

Table 23.322-13. NUMBER OF REQUIRED OFF-STREET LOADING SPACES

Note:

[1]Land use size is total gross floor area.

C. Loading Space Requirements.

1. General. The following requirements apply to required on-site loading spaces in all districts except for the R-1, R-2, R-2A districts:

(a) Dimensions. A required loading space must be at least 12 feet wide and 25 feet long with a minimum vertical clearance of 14 feet.

(b) Location. A required loading spaces must be located on the same lot as the structure or use the space is designed to serve.

(c) Parking Spaces. A required parking space may not be used to satisfy the requirements for an off-street loading space.

(d) Access and Paving. A required loading space must have adequate means of access from a street or alley. Both the space and access driveway must be paved with a durable, dustless material that is usable under all weather conditions.

2. Residential Buffer. An on-site loading space in a Non-Residential District may not be located within 35 feet of a lot in a Residential District unless the loading space is either:

(a) Located wholly within an enclosed building; or

(b) Screened from such residential lot by a wall, hedge, or fence not less than 6 feet in height.

3. C-W District. A building or site in the C-W district may not be altered to deprive a leasable space used or designated for use by any manufacturing or wholesale trade of an on-site loading space consistent with Paragraph 1 (General) above.

4. M and MM Districts. All uses in the M and MM districts which have one or more on-site loading spaces shall retain at least one such space.

5. Modified Requirements. In all Manufacturing and Commercial Districts other than the C-T district, the Zoning Officer in consultation with the City Traffic Engineer may approve an AUP to modify the on-site loading spaces standards in this section. (Ord. 8007-NS § 18, 2026; Ord. 7978-NS § 43, 2025; Ord. 7957-NS §§ 13, 14, 2025; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Applicability. This section applies to the exclusive or primary use of a lot for off-street parking spaces in a Residential District.

B. Use Limitations. Commercial repair work or service of any kind is prohibited on the lot.

C. Standards.

1. Signs may only designate the parking lot name, entrances, exits, and conditions of use. No other types of signed may be erected or maintained.

2. Lighting fixtures must be oriented to direct the light away from adjacent lots.

3. Suitable wheel bumpers must be provided to protect screening and adjacent property.

4. A durable and dustless surface must be provided and maintained.

5. The lot must comply with 23.322.080.G (Screening) and 23.322.080.H (Landscape Buffers).

6. The lot must be graded to dispose of all surface water.

D. Exceptions. The ZAB may waive any of the requirements in this section with a Use Permit for a temporary parking lot. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. When Required.

1. A Transportation Services Fee (TSF) may be required for all new construction of gross floor area pursuant to resolution of the City Council.

2. If so resolved, the following districts are required to pay a TSF: R-S, R-SMU, C-C, C-U, C-N, C-NS, C-T, C-SO, M, and MM.

B. Paying and Collecting Fees.

1. All TSF payments shall be made to the Finance Department and deposited into the City of Berkeley’s traffic/transportation mitigation fund.

2. TSF payments shall be collected in the form of annual payments based on the fee rate applicable to each district multiplied by the square feet of gross floor area of new construction and may be adjusted annually for inflation.

3. TSF payments shall be made for 30 years from the issuance of a certificate of occupancy for any new floor area.

4. The first annual payment of the TSF shall be due as a condition of occupancy and subsequent payments shall be due on January 1 of each succeeding year for 29 years.

C. Use of Funds. TSF funds shall be used to purchase transit or paratransit passes, coupons, and tickets to be made available at a discount to employees and customers and to promote and support incentives for employee ride sharing. (Ord. 7787-NS § 2 (Exh. A), 2021)