Berkeley City Council
July 29, 2025

City of Berkeley | Office of Economic Development | 510.981.7530 San Pablo: 2024 Snapshot
San Pablo Avenue is Berkeley’s largest commercial corridor, running the entire north-south length of the City. San Pablo is characterized by a high concentration of Trade Services (15.5%), including automobile services.

Source: MuniServicesSource: Berkeley OED
San Pablo functions more as a regional
destination for specific uses rather than a
walkable, neighborhood-serving
commercial district; as such, it features
smaller percentages of Food & Beverage
Services (8.9%) and a larger portion of
Personal Services (13.7%) than the city as
a whole. In 2024, the district’s vacancy
rate by square footage is 7.1%, down
from 15.6% in 2023. Retail Sales tax
revenue collected in 2024 has increased
to $772,703 since 2023 ($679,253) and
continues to be the largest source of tax
revenue for the area.

Source: Berkeley OED

4.90%

7.87%

10. 79%

15.55%

7.09%
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
2020 2021 2022 2023 2024
Ground Floor Commercial Vacancy Rate
(by Square Footage), 2020-2024
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
San
Pablo Citywide
Business Mix (by Square Footage), 2024 Q4
Vacant
Arts, Entertainment &
Recreation
Trade Services
Office / Other Non-Retail
Business & Professional
Services
Personal Services
Public & Nonprofit Entities
Food & Beverage Services
Retail
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
2020 2021 2022 2023 2024
Sales Tax Revenue by Sector, 2020-2024
Business & Professional Services Food & Beverage
Other Non-Retail Personal Services
Retail

City of Berkeley | Office of Economic Development | 510.981.7530 Solano: 2024 Snapshot
Solano is a small district in North Berkeley, with a total of 148 commercial spaces and approximately 189 thousand square feet of commercial space. It shares a border with Albany and is situated next to a large Source: Berkeley OED
elementary school and an
active neighborhood of single-
family homes. The former Oaks
Theatre is now occupied by
The Oaks climbing gym that
opened in 2024. The district’s
vacancy rate by square footage
is 2.1%, a slight decrease from
2023 (2.6%).

Sales tax collected from the Food and Beverage sector along Solano Avenue increased by $3,084, from 2023 to 2024, and sales tax collected from the retail sector also increased from 2023, to $114,635.

Source: MuniServices
Source: Berkeley OED

6.70%

4.00% 3. 70%

2.60%

2.05%
0%
1%
2%
3%
4%
5%
6%
7%
8%
2020 2021 2022 2023 2024
Ground Floor Commercial Vacancy Rate
(by Square Footage), 2020-2024
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
So
lano Citywide
Business Mix (by Square Footage), 2024 Q4
Vacant
Arts, Entertainment &
Recreation
Trade Services
Office / Other Non-Retail
Business & Professional
Services
Personal Services
Public & Nonprofit Entities
Food & Beverage Services
Retail
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
2020 2021 2022 2023 2024
Sales Tax Revenue by Sector, 2020-2024
Business & Professional Services Food & Beverage
Personal Services Retail

City of Berkeley | Office of Economic Development | 510.981.7530 South Berkeley: 2024 Snapshot
South Berkeley is a large district stretching over an area known for its cultural diversity and includes the Lorin District, the Sacramento Ave. corridor, and the South Shattuck area. South Berkeley includes car dealerships, which accrue retail sales tax revenue for the City.

Source: Berkeley OED
The area features a high
concentration of Personal
Services businesses (15.9% vs.

8.6% citywide) but is under-
served by Food & Beverage
services, which account for only

5.2% of ground floor commercial
space, as compared to 12.5%
citywide. As of Q4 2024, the
district’s vacancy rate by square
footage was 8.9%, a marked
decrease from 2023 (19.3%).

Source: MuniServices
Source: Berkeley OED

10.10% 8.84%

11. 76%

19.26%

8.86%
0%
5%
10%
15%
20%
25%
2020 2021 2022 2023 2024
Ground Floor Commercial Vacancy Rate
(by Square Footage), 2020-2024
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
S
outh Berkeley Citywide
Business Mix (by Square Footage), 2024 Q4
Vacant
Arts, Entertainment &
Recreation
Trade Services
Office / Other Non-Retail
Business & Professional
Services
Personal Services
Public & Nonprofit Entities
Food & Beverage Services
Retail
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
2020 2021 2022 2023 2024
Sales Tax Revenue by Sector, 2020-2024
Business & Professional Services Food & Beverage
Other Non-Retail Personal Services
Retail

City of Berkeley | Office of Economic Development | 510.981.7530 Telegraph: 2024 Snapshot
The Telegraph district has undergone significant change with respect to its ground floor inventory over the past several years. Food & Beverage services have shown a dramatic increase in the last decade, with 32% of Food & Beverage services accounting for ground floor commercial space in the district, as compared to 12.5%
Source: Berkeley OED
citywide. Telegraph’s ground floor
inventory of retail accounts for

37.2% of the business mix,
slightly more than the 31.3%
observed citywide. As of Q4
2024, the district’s ground floor
commercial vacancy rate of 9.9%,
was higher than 2023 (9.3%).

Food & Beverage services
outperform Retail with respect to
sales tax collected; Food &
Beverage collections increased to
$618,773 in 2024.

Source: MuniServices
Source: Berkeley OED

17.20%

12.59%

8. 51% 9.32% 9.94%
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%
2020 2021 2022 2023 2024
Ground Floor Commercial Vacancy Rate
(by Square Footage), 2020-2024
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
T
elegraph Citywide
Business Mix (by Square Footage), 2024 Q4
Vacant
Arts, Entertainment &
Recreation
Trade Services
Office / Other Non-Retail
Business & Professional
Services
Personal Services
Public & Nonprofit Entities
Food & Beverage Services
Retail
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
2020 2021 2022 2023 2024
Sales Tax Revenue by Sector, 2020-2024
Business & Professional Services Food & Beverage
Other Non-Retail Personal Services
Retail

City of Berkeley | Office of Economic Development | 510.981.7530 University: 2024 Snapshot
University Avenue, from Martin Luther King Jr Way to the waterfront, spans many of the City’s neighborhoods and serves as the gateway to the UC Berkeley Campus. Since 2019, Retail and Food & Beverage Services have generated
Source: Berkeley OED
the most sales tax
revenue for the district.

Retail sales tax collected
in 2024 decreased
slightly by $14,117 from
2023, and sales tax from
Food & Beverage stayed
steady. The 2024 vacancy
rate decreased year over
year from 17.7% in 2023
to 7.7% in 2024; the
lowest rate in five years.

Source: MuniServices
Source: Berkeley OED

11.00%

9.13%

12. 81%

17.66%

7.66%
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%
2020 2021 2022 2023 2024
Ground Floor Commercial Vacancy Rate
(by Square Footage), 2020-2024
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Un
iversity Citywide
Business Mix (by Square Footage), 2024 Q4
Vacant
Arts, Entertainment &
Recreation
Trade Services
Office / Other Non-Retail
Business & Professional
Services
Personal Services
Public & Nonprofit Entities
Food & Beverage Services
Retail
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2020 2021 2022 2023 2024
Sales Tax Revenue by Sector, 2020-2024
Business & Professional Services Food & Beverage
Other Non-Retail Personal Services
Retail

City of Berkeley | Office of Economic Development | 510.981.7530 West Berkeley: 2024 Snapshot
West Berkeley represents all commercial spaces west of San Pablo Avenue, including 4th Street and the Gilman District. There are a number of major, large-floor-plate retailers, and a dense cluster of home supplies and construction businesses. There is also a higher percentage of non-retail commercial uses, including manufacturing and warehousing. Retail accounts for 46.4% of ground floor
commercial space in the district, as
compared to 31.3% citywide. West
Berkeley also has a smaller percentage of
square footage devoted to Food and
Beverage (8.2%) businesses than the
citywide rate of 12.5%. The commercial
vacancy rate in Q4 of 2024 is 6.5%, up
from 2023’s 2.1%. Sales tax revenue has
decreased or stayed steady in this area in
all categories including Retail where a
sales tax revenue decrease of $473,968
(-7.1%) YoY is observed.

Source: Berkeley OED Source: MuniServices
Source: Berkeley OED

3.70%

4.67%

5. 23%

2.14%

6.52%
0%
1%
2%
3%
4%
5%
6%
7%
2020 2021 2022 2023 2024
Ground Floor Commercial Vacancy Rate
(by Square Footage), 2020-2024
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
W
est Berkeley Citywide
Business Mix (by Square Footage), 2024 Q4
Vacant
Arts, Entertainment &
Recreation
Trade Services
Office / Other Non-Retail
Business & Professional
Services
Personal Services
Public & Nonprofit Entities
Food & Beverage Services
Retail
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
2020 2021 2022 2023 2024
Sales Tax Revenue by Sector, 2020-2024
Business & Professional Services Food & Beverage
Other Non-Retail Personal Services
Retail

City of Berkeley | Office of Economic Development | 510.981.7530 Neighborhood (C-N): 2024 Snapshot
Across Berkeley there are 11 smaller commercial pockets, zoned as “C-N” or “Neighborhood Commercial.” These areas are one or two block collections of commercial enterprises distributed throughout Berkeley.

Source: Berkeley OED
The “C-N” areas represent
nearly 190 commercial spaces,
and approximately 390K square
feet of commercial space.

The C-N areas collectively
generate 2.4% of the city’s total
sales tax. They also include a
large number of Personal
Services companies (32.8% by
square footage, compared to

8.6% citywide) and Public and
Non-Profit entities (24.6%
compared to 6.6% citywide).

The C-N vacancy rate is 2.8%.

These areas include commercial
nodes at the following
intersections:
• C
laremont and Prince
• Claremont and Tunnel
• College and Alcatraz
• Gilman and Curtis
• Hearst and Euclid
• Hopkins and El Dorado
• Hopkins and Monterey
• Martin Luther King Jr Way
(MLK) and Dwight
• MLK and Hearst
• MLK and Rose
• MLK and Virginia
Source: MuniServices
Source: Berkeley OED

7.30%

3.20%

2. 31% 2.63% 2.79%
0%
1%
2%
3%
4%
5%
6%
7%
8%
9%
10%
2020 2021 2022 2023 2024
Ground Floor Commercial
Vacancy Rate (by Square
Footage), 2020-2024
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
C-
N Citywide
Business Mix (by Square Footage), 2024 Q4
Vacant
Trade Services
Retail
Public & Nonprofit Entities
Personal Services
Office / Other Non-Retail
Food & Beverage Services
Business & Professional
Services
Arts, Entertainment &
Recreation
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
2020 2021 2022 2023 2024
Sales Tax Revenue by Sector, 2020-2024
Business & Professional Services Food & Beverage
Other Non-Retail Personal Services
Retail
C-N District Locations

2024 Economic Dashboard
Office of Economic Development
1

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Table of Contents
Citywide Economic Dashboard
EMPLOYMENT ACTIVITY 3-4 • Job Growth, Unemployment, Top 25 Employers
SECTOR SNAPSHOTS 5-7 • Hospitality
• Innovation & Startups
COMMERCIAL ACTIVITY 8-13
• Trends & Transactions – Office, Commercial Inventory
• Commercial Districts – Vacancy Rates, Occupancy by Business Type • Future Development
• Sales Tax Revenues
HOUSING 14-15 • Development Pipeline & Construction
• Rental Costs & Sale Prices
OED EFFORTS TO SUPPORT ECONOMIC SUSTAINABILITY 16-25 • Financing Small Businesses
• Marketing Businesses - #DiscoveredinBerkeley
• Enabling Business Networks
• Greening Business Practices
• Developing an Equitable Economy & Future Talent Pipeline • Grants supporting Arts & Culture

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Percent East Bay change in employment by sector
(Nov. 2023 – Nov. 2024)
Employment Activity
job growth by industry sector & unemployment
Source: Labor Market Information (LMI-EDD) for East Bay (Alameda and Contra Costa Counties), December 2024.

Unemployment Rates show slight increase year over year:

Source: State of California Employment Development Department (EDD), Y Charts, Labor Market Information (LMI-EDD) 2023 2024
C
alifornia 4.9% 5.4%
Alameda County 4.5% 4.7%
Berkeley 4.0% 4.4%
Sector (in the East Bay) Percent
C
hange
% of Total
Jobs
Architectural, Engineering & Related Services 7.1% 1.5% Educational & Health Services 4.0% 19.1%
Government 2.0% 14.1%
Accommodation & Food Services 1.5% 7.8%
Leisure and Hospitality 1.4% 9.4%
Arts, Entertainment & Recreation 1.1% 1.5%
Retail Trade 1.1% 9.0%
Administrative & Support Services 0.5% 4.6%
Construction -0.7% 6.3%
Real Estate & Rental & Leasing -1.1% 1.5%
Transportation & Warehousing -1.2% 4.0%
Manufacturing -2.1% 8.8%
Computer Systems Design & Related Services -3.0% 1.6%
Job Growth
Between November 2023 and November 2024, the total number of jobs located in the East Bay increased by 10,900 or 0.9%.

The sectors with the highest percent growth in employment included Education and health services (up 8,900 jobs) along with Health care and social assistance (up 8,400 jobs). Other notable changes included increases in leisure and hospitality (up 1,600 jobs), professional and business services (up 1,500 jobs). Decreases were noted in the information sector (down 1,700 jobs), and trade, transportation, and utilities (down 1,100 jobs).

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Employment Activity
largest employers
Top 25 Berkeley Employers
Berkeley’s top 25 employers (by number of employees) is reflective of the city’s diverse economy. Top employers include four in the healthcare sector and four in the education sector, including UC Berkeley, one of the city’s main economic engines. There are also a few large private sector corporations in Berkeley, notably Bayer. Two social service organizations made it onto the 2024 list: Insight Housing (formerly the Berkeley Food & Housing Project) and Satellite Affordable Housing.

Source: State of California Employment Development Department (EDD), Q1 2024 (Clockwise from top) Technical Safety Services,
Insight Housing, Satellite Affordable Housing.

Pictured at right:– project ribbon cutting.

Credits: Meta, Insight Housing, SAHA
Company Sector
Backroads Inc. Recreation
Bayer Corp. Biotech
Berkeley Bowl Produce Food & Beverage
Berkeley Cement Inc. Construction
Berkeley City College Education
Berkeley Emergency Food & Housing
Project (Insight Housing) Social Services
Berkeley Repertory Theatre Arts & Entertainment
Berkeley Unified School District Education
City of Berkeley Government
Fieldwork Brewing Co. Food & Beverage
Foresight Mental Health Healthcare
Kaiser Permanente Medical Group Inc. Healthcare
Lawrence Berkeley National Lab Laboratory
Lifelong Medical Care Healthcare
OC Jones & Sons Construction
Satellite Affordable Housing Social Services
Sutter Bay Hospital Healthcare
Target Corp. Retail
Technical Safety Services Biotech/Manufacturing
The Wright Institute Education
Twelve Manufacturing/ R&D
University of California Education
UPSIDE Foods Biotech/R&D
Whole Foods Market Food & Beverage
YMCA of the Central Bay Area Recreation

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Sector Snapshots
hospitality
Hotel Occupancy & Inventory
Food & Beverage Services
Berkeley’s hospitality sector fared better than neighboring cities, both in hotel occupancy and tourism “image”.
• Berkeley hotel occupancy was consistently higher
than other Bay Area cities, with 2.4 million
overnight visitors and a v
isitor spend of $187.7 mil.
• Average nightly hotel occupancy made a slight
increase from 2023, rising from 70% to 71%,
though still below pre-pandemic average
occupancy rates of more than 80%.
• The average daily room rate for Berkeley lodging
properties rose 3.2% to $187.50 per night.
• Berkeley has lost 8 lodging properties (7.2% of its
hotel inventory) since the pandemic, with most
being used to support the unhoused population.
• Berkeley’s 2024 hotel tax revenue was just under
$7.1 million, slightly more than 2023.

Highlighted on KTVU, a record number of participants
participated in Berkeley Restaurant Week.

UC Berkeley became part of the Atlantic Coast Conference, drawing new domestic visitors.

The
Bioneers
Conference
brought over
1,800 visitors to
Downtown
Berkeley in
March 2024. It
will return Mar.
27-29, 2025.

Photos: Visit Berkeley

VisitBerkeley.comwebpages such as the Event Calendar, Food & Drinks, and Where to Stay highlight local leisure opportunities. The Berkeley Bucks e-gift card continues to generate revenue for Berkeley businesses, with $17K redeemed in 2024.

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Sector Snapshots
startups & innovation businesses
Sources: City of Berkeley Office of Economic Development (OED), UC Berkeley IPIRA *Companies defined as
startups are for-profit
businesses that sell innovative
technology products or services
OR substantively use innovative
technologies to develop and
manufacture their products or
provide their services AND are
developing repeatable and
scalable business models that
aren’t yet profitable.

Berkeley has more than 400 innovation companies citywide; the vast majority are startups.

Pitchbook ranked UC Berkeley #1 in venture-funded startups founded by undergrad alumni from any university worldwide AGAIN. 83%
9%
6% 1%1%

INNOVATION COMPANIES BY

GROWTH STAGE
Startup
Established company
Consulting company
Subsidiary company
Incubator or coworking facility
0 50
100
150
200
250
300
350
400
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
Number of Startups*

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Sector Snapshots
startup sectors & wealth creation
Despite the difficult
2024 fundraising
environment,
6 Berkeley startups
were acquired and
58 raised:
• $1.2B in
venture and
seed capital
• $14.3M in
government
R&D grants
Berkeley Innovation Sector
2024 Highlights
• : $537M to use AI to search for
critical metals needed for the clean energy transition
on 5 continents and to develop a massive copper
deposit in Zambia.
• : $245M to decarbonize commercial aviation
and transform CO
2 into Jet Fuel and eChemicals.
• : $90M to scale manufacturing of dairy
protein from fermentation.
• : $35M to enable the creation and
validation of an AI-generated gene editor and move it
closer to improving healthcare and disease treatment
• : $34M to scale high-performing fiber
composites in aerospace & consumer markets.
• : $30M to capture atmospheric CO2 and
make it available for industrial applications
32%
15%13%
35%
2% 2% 1%
Innovation Companies
by Industry
BioTech & Healthcare CleanTech
Hardware Software
Other Education
Food & Beverage

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Commercial Activity
trends & transactions - office
Q4 2024 Office Market, Berkeley Indicators
Total Inventory 2,967,922 SF
Availability Rate 18.4%
Average Asking Rent $3.19/ SF
Source: Newmark Cornish & Carey, 4Q24 Greater Oakland Office Market Report Source: Newmark Cornish & Carey, 4Q24 Greater Oakland Office Market Report Office Vacancy Rate, East Bay Cities Q4 2020 – Q4 2024The number of office jobs in the East Bay has yet to return to pre- pandemic levels, with about 10 thousand fewer office-using jobs.

Office-based employment is just below early 2017 levels.

Overall leasing in the East Bay slowed down in Q4 2024 to about half the annual 10-year average. The average size of office leases has also decreased to just under 3,200 square feet, from roughly 5,600 square feet in years prior. It is anticipated that more distressed properties will go back to their lenders as rental rates continue to decline, and improvement costs remain high.

Source: Newmark Cornish & Carey, 3Q24 & 4Q24 Greater Oakland Office Market Reports 0%
5%
10 %
15%
20%
25%
30%
35%
4Q20 1Q21 2Q21 3Q21 4Q21 1Q22 2Q22 3Q22 4Q22 4Q23 4Q24
Alameda Berkeley Emeryville Oakland Richmond

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Commercial Activity
trends & transactions – commercial inventory
Source: OED, Q3 2023
Together, three sectors (Food & Beverage, Retail, and Office/Other Non- Retail) comprised 60% of total 2024 ground floor commercial inventory.

Pending developments recorded in the Office/Non-Retail category have crested since 2021-2022, as many development projects were completed and opened for occupancy in the past year. In 2024, both Retail and Food & Beverage as a percentage of total square footage showed slight increases from the year prior (both up by 1%), but Retail as a total percentage of ground floor inventory has trended downward since 2020. The Personal Services category at 8.6%, Business & Professional Services (6.7%) and Public and Non-Profit Entities at 6.6% were the next largest categories by square footage.

Clockwise from top: A mixed use development site slated for construction at Shattuck and Allston Way; pending future development coming to a former movie theater on Shattuck Avenue; and retail spaces in transition on Shattuck Ave as a result of a pending development project. All are categorized as “Office: Other Non-Retail” in OED’s field survey.

Chart: OED
Photos: Hoodline,
OED, Foursquare
0%
10%
20 %
30%
40%
2020 2021 2022 2023 2024
Citywide Commercial Inventory by
Select Categories & Square Footage, 2020-2024
Food & Beverage Services Retail Office/ Other Non-Retail

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Commercial Activity
business district vacancy rates
Vacancy Rates by District, Calculated by Square Footage, 2020-2024 Citywide, the ground floor commercial vacancy rate has decreased to 7.5%*, a drop of 0.6% since Q4 2023. The commercial districts of San Pablo, South Berkeley, University, and Solano experienced decreases. Vacancy rates increased in Downtown, West Berkeley, Telegraph, Elmwood, North Shattuck and the C-N districts.

Photos (l-R): R. Moon, Influent Home
Source: Berkeley OED
*Typical commercial district
storefront vacancy rates range
from 5-15% due to natural
market churn. Proposed and
pending development projects
throughout the city have an
impact on vacancy rates as well
as new openings with large
floorplates (pictured left).

District 2020 2021 2022 2023 2024 Year Over
Year Change
Downtown 9.9% 15.7% 11.9% 10.8% 10.9%
Elmwood 10.9% 10.9% 7.7% 6.2% 6.9%
North Shattuck 4.3% 4.3% 4.3% 1.9% 2.0%
San Pablo 4.8% 7.9% 10.8% 15.5% 7.1%
Solano 6.7% 4.4% 3.7% 2.6% 2.1%
South Berkeley 10.1% 8.8% 11.8% 19.2% 8.9%
Telegraph 17.2% 12.6% 8.5% 9.3% 9.9%
University 11.0% 9.1% 12.8% 17.7% 7.7%
Neighborhood Commercial (C-N) 7.3% 3.2% 2.3% 2.6% 2.8%
West Berkeley 3.7% 4.7% 5.2% 2.2% 6.5%
Citywide Avg. 6.9% 8.3% 8.4% 8.1% 7.5%

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Commercial Activity
ground floor space occupancy by business type
Source: Berkeley OED Photos: The Spanish Table, Casa de Chocolates, Visit Berkeley *
*Other Non-retail
consists of properties
that are leased or
pending
development.

Retail comprises the most significant percentage (31%) of ground floor space across Berkeley commercial districts, with Food & Beverage also representing a large portion
(13%) of occupancy, especially in the Telegraph, Elmwood, Solano, and North Shattuck districts.
• D
owntown and San Pablo ha
ve the dominant share of
Office/Other Non-retail (18% and 21%) due to the
high level of development activity that includes
ground floor retail with housing above.
• West Berkeley (including 4
th Street) has the highest
concentration of Retail (46%).
• Downtown has the highest vacancy rate (10.1%),
followed by Telegraph (9.9%) and
South Berkeley (8.6%).
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Downtown
Elmwood
North Shattuck
San Pablo
Solano
South Berkeley
Telegraph
University
C-N
West Berkeley
Citywide
Ground Floor Commercial Occupancy By Category, 2024
Vacant
Arts, Entertainment & Recreation
Trade Services
Office / Other Non-Retail
Business & Professional Services
Personal Services
Public & Nonprofit Entities
Food & Beverage Services
Retail

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Commercial Activity
future development
New Buildings
UC Berkeley will soon be
the largest rate payer to
the Downtown Berkeley
BID* –
a number of planned and
recently completed
projects surrounding the
campus are providing
spaces to conduct
research, learn, and live.

The Gateway Center on the UC Campus will house the College of Computing, Data Science, and Society (CDSS), the first new college at UC Berkeley in 50 years. Image: Weiss/Manfredi (Left) The Helen
Diller Anchor
House, a dorm for
transfer students
to UCB, opened
for the 2024
academic year.

Photo: Jason
O’Rear
(Above and Right) Bakar Labs, where
UC Berkeley and QB3 run a life
science-focused incubator for
startups developing innovative
technologies to benefit society.

Photo: QB3
(Left) The proposed UC Innovation
Zone would include two buildings – a
South Building and North Building
totaling approximately 486,000 gross
square feet – with academic research
and collaboration space, parking, and
open space.

Image: UC Regents, South Building
Rendering (May 2024)
* BID – Business Improvement District, a fund
that supplements public services within
geographically defined boundaries.

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Commercial Activity
sales tax revenues in 2024
Total Annual Sales Tax Revenue (Q2 + PreviousThree
Quarters) July ’22 to June ‘23 Ju ly ‘23 to June ‘24 % Change (Year over Year) City of Berkeley $14,709,995 $18,893,092 28.4%
Alameda County (total including cities) $447,204,095 $385,954,179 -13.7% State of California $9,510,809,118 $9,376,883,707 -1.4% In Q2 2024, the Retail subsector was the largest contributor to the city’s sales tax revenue (45%), with Food & Beverage second (37%). Sales tax revenue was up 5% from the same period in 2023, and is higher than citywide sales tax collected in the second quarter of both 2020 and 2021 (acute phases of the COVID-19 pandemic). Compared to Q2 last year, sales tax revenue across most business categories is up, with Retail increasing by 9% and Food & Beverage increasing by 19%. Decreases were noted in the Personal Services category where collections have decreased by 49% (owing to mostly service stations & fuel costs) and in the Business & Professional Services sector where collections are down by 8% from Q2 2023.

Source: MuniServices, Quarter 2 (Apr-June) Collections 2019 to 2024 Source: MuniServices, Quarter 2 (Apr-June) 2019 to 2024, Nominal Values $-
$500,000
$1,
000,000
$1,500,000
$2,000,000
$2,500,000
2019 2020 2021 2022 2023 2024
Berkeley Q2 Sales Tax Revenue by Business Category
Business & Professional Services Food & Beverage Services Other Non-Retail Personal Services Retail
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
$5,000,000
2019 2020 2021 2022 2023 2024
Total City of Berkeley Q2 Sales Tax Revenues

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Housing
development pipeline & construction
Pipeline & Construction Highlights
2029 University Ave (at Shattuck)
If built as proposed, this 23-story tower
supported by Laconia Development at 2029
University Avenue will add either 240 multi-
family or 160 student housing units to Downtown
Berkeley. If all projects in the current
development pipeline are built as proposed,
2029 University Avenue will be the sixth tallest
project in the pipeline, surpassed by 1998
Shattuck Avenue, 2128 Oxford Street, 2190
Shattuck Avenue, 2200 Bancroft Way, and
(potentially) 2115 Kittredge Street.

The Lair 2077 Haste St (at
Shattuck) In the fall of 2024, the new
Lair housing building on Haste at Shattuck
Ave brought online 40 new homes, and a
living wall at the dwelling entrance. Sources (from top): SF YIMBY, Rentable, Apartments.comSources: City of Berkeley Department of Planning and Development, December 2024, Map OED.

December 2024
Housing Development Pipeline
In 2024, applicants submitted land use permit applications for 13 distinct projects representing a total of 1,600 new housing units. The plans span several neighborhoods and are typically close to transit corridors and the UC Berkeley campus, the largest of which is “The Hub” at Oxford and Center Streets (456 Units). See 2128 Oxford St, inset at right.

Berkeley’s Large Residential Developments, Approved 2024 Approved Development Project
(Number of Housing Units)
Legend

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Housing
rental costs & sale prices
Median Sale Price, Single-Family Homes, Nov. 2024
Alameda $1,170,000
Albany $1,325,000
Berkeley $1,430,000
El Cerrito $1,400,000
El Sobrante $782,500
Emeryville $585,000
Oakland $802,500
Richmond $665,000
Piedmont $2,900,000
San Leandro $875,000
Source: Redfin
Sources: Redfin, Apartment List, Zumper, Rent Cafe, and City of Berkeley Rent Stabilization Board Berkeley’s single family home values increased 7.5% from Nov. 2023 - 2024, with a 12% decrease in sales volume over the same period. 44 single family homes were sold in Berkeley in Nov. 2024, with an average of 15 days on the market. Over the past five years (2020-2024), the median price of single family homes in Berkeley hit an all time high ($1.81M) in April 2022.

Berkeley’s average rents for studio apartments increased by 1.7% between Dec. 2023- 2024 to an average of $1,928 per month.

Home sales soften, sale prices increase, rental prices flatten Sources: Redfin, Multiple Listing Service or “MLS”, Zumper - Rental Market Trends $900,000
$1,000,000
$1,
100,000
$1,200,000
$1,300,000
$1,400,000
$1,500,000
$1,600,000
$1,700,000
$1,800,000
$1,900,000
2020 2021 2022 2023 2024
$400
$600
$800
$1,000
$1,200
$1,400
$1,600
$1,800
$2,000
$2,200
Housing Prices in Berkeley, 2020-2024
Median Rents, Studio Apartment Median Sale Price, Single Family Homes

16

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Revolving Loan Fund Portfolio Active Loans
N
umber of RLF Loans 6
RLF $ Outstanding Principal $375,000
COVID-19 Resiliency Loan Program Portfolio Active Loans N
umber of RLP Loans 18
RLP $ Outstanding Principal $435,000
Supporting Berkeley’s existing small businesses
The Resiliency Loan Program (RLP)
program, administered by Working
Solutions, a Community Development
Financial Institution (CDFI), was
established to help Berkeley businesses
weather the impacts of the pandemic. It is
a revolving fund with 18 active loans to
Berkeley borrowers.

Current Revolving Loan Fund (RLF) Borrowers:

Source: Berkeley OED, Working Solutions, December 2024
Source: Berkeley OED, December 2024
Financing small businesses through the
Revolving Loan Fund & Resiliency Loan Program
Source: CDFI.org, Working
Solutions
In 2024, City of Berkeley RLP loan
recipient El Tiny Cafe celebrated
their 4th Anniversary. Café owners
Lily and Alan gained access to a suite
of business support services,
including a Spanish-speaking
Working Solutions business
consultant who helped them
streamline operations and enhance
profitability.

Today, El Tiny Cafe is a community
anchor in their South Berkeley
neighborhood.

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Marketing businesses #DiscoveredinBerkeley
@ Ciel Creative Space in West Berkeley
The Discovered in Berkeley marketing campaign highlighted businesses enabling adventure travel, producing beloved baked goods like bagels and scones, manufacturing induction stoves, scooping artisanal ice cream, and curating tea ceremonies.

By year end, the campaign had made ~4.4M impressions and generated nearly 179K concrete engagements. Since 2023, B erkeleyside articles saw more than a 4K increase in readers (19K+ unique page views) and the .28% banner ad click-through-r ate more than doubled,
exceeding Berkeleyside’s site average (.15%-.20%). The 3.7K click through on in-story links increased from 1.6K in 2023.

Instagram @DiscoveredinBerkeley achieved 1,475 followers and #DiscoveredinBerkeley achieved nearly 6K uses.

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 • OED supports local BIDs, Visit Berkeley, and
the Berkeley Chamber through the
Berkeley Business District Network (BBDN).
• C
oming in 2025 – 10 year strategic planning
and district renewal activities for the
Downtown and Tourism BIDs in Berkeley.

Enabling sustainable business networks
Map of Berkeley’s Commercial Districts

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Internal
171 Berkeley companies have
registered for California Green Business
Program certification. 79 are currently
green business certified.

In 2024:
• 8
new green businesses certified
• 10 green businesses recertified
• 1,710,242 gallons of water saved
• 1,029,154 kWh of electricity
conserved
• 192,816 lbs of solid waste diverted
• 1,059 gallons of fuel saved
Greening local business practices
See Berkeley Green Businesses
at www.greenbusinessca.org
Green Businesses in Berkeley
The Potters Studio uses a filter press to recycle
clay and process glaze water, changed the studio
over to LED lighting, uses environmentally
responsible cleaning supplies, and continues to
look for ways to be a sustainable studio
.

Going Green Helps Companies
Achieve Environmental Benefits
and Cost Savings

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Deepening and diversifying Berkeley’s
talent pipeline
OED and the Institute for STEM Education at Cal State University arranged 125 Berkeley High School student-visits at 7 STEM CareerX tours in 2024. The company tours provided an opportunity for students to see how their science, technology, engineering and math (STEM) skills apply in the workplace, as part of the Berkeley Startup Cluster's Berkeley Ventures, Berkeley Values initiative.

TDK: “I appreciated making those professional
connections; it’s something you can’t just get
without being there in person."
Terabase Energy: “The hands-on activities made it
feel like we were actually part of the company for a
day, not just visitors."
Stillwater Sciences: “It’s pretty cool that the place
we live is, like, such a hub for STEM companies... It
makes you want to contribute to the community
because there's literally so much, like STEM
companies, engineering companies, stuff like that.”
w/ ArmorX AI
w/ Stillwater Sciences
@Terabase Energy
w/ Terabase Energy
w/ Akorn Technology

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Promoting equitable development
In 2024 OED partnered with the
Berkeley Chamber to provide
easy-to-digest information on how to
engage with the city and work, invest,
and grow a business in Berkeley.

A new Chamber
Doing Business in
Berkeley webpage, webinars, and
downloadable materials from the City of
Berkeley website now help local
business leaders navigate government
requirements for launching or
expanding a business in Berkeley.

In partnership with
Project Equity, OED offers
Berkeley businesses
support
with succession
planning and transition to
employee ownership.

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Sustaining Berkeley’s Arts and Culture Sector
The City of Berkeley Civic Arts program provides grants to support a vibrant arts ecosystem, strengthen diverse cultural expressions, and ensure equitable access to arts and culture throughout Berkeley.

Civic Arts Grants Awarded in 2024 for deployment in 2025:
• 11 individual arts projects ($44,000)
• 34 community festivals ($199,680)
• 55 arts organizations ($444,799)
• 12 arts program grants ($60,000)
Leveraging Local Funds to Increase Arts Grants
Arts Program Grants. Leveraging local 1:1 matching funds, in 2024 the City received a $40,000 National Endowment for the Arts grant to continue the new Arts Program Grants category for a second year, providing an additional $80,000 to better support Berkeley arts and cultural programming.

Left: ¡BAILA! Community Dance Party at La Peña Cultural Center, general operating support grantee. Photo source: www.lapena.org.

Right: Berkeley Art Center, general operating support
grantee. Photo source: www.berkeleyartcenter.org.

Funding arts & culture in Berkeley
Source: Kwok, Berkeleyside

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2024 Public Art throughout Berkeley
In FY24, the Civic Arts Program implemented a
portfolio of public art projects valued at nearly
$700,000. Those projects included:
• Commissioned large bronze sculpture by
Mildred Howard. The piece was installed at
Adeline and Martin Luther King, Jr. Way and
unveiled at the 2024 Juneteenth celebration
dedication event.
• Restored a collaborative public art installation at
the Berkeley transit node created by muralist
John Wehrle and poet Betsy Davids, “Mak
Roote.” In recent years the artwork had suffered
from vandalism, as well as fading and staining
from overhead roadway runoff.

Left: “Delivered, Mable’s Promissory Note”, 2024 by Mildred Howard installed in South Berkeley. Photo: Ethan Kaplan.

Right: Restoration of “Mak Roote” murals by John Wehrle and Betsy Davids in West Berkeley in 2024. Photos: Mark Salinas
Investment in public art in Berkeley

Office of Economic Development (OED)
See the OED website for past Economic Dashboards and other economic reports:
https://berkeleyca.gov/doing-business/economic-
development/economic-dashboards-and-reports
Contact OED for more information:
[email protected]

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

PUBLIC HEARING
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Subject: Zoning Amendments for Berkeley Business; Amending Berkeley Municipal Code Title 23

RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt the first reading of an ordinance amending Title 23 of the Berkeley Municipal Code to streamline and clarify the permitting process for small businesses in commercial districts (“C-Prefixed”), select manufacturing (“M-Prefixed”) districts, and the Residential BART Mixed Use (R-BMU) and Residential Southside Mixed Use (R-SMU) zoning districts.

SUMMARY
In 2019, the City Council adopted a referral (Attachment 4) with a set of nine policy considerations “to streamline the zoning review process for new or expanding small businesses,” intended to support Berkeley businesses and bolster Berkeley’s commercial districts. Between 2020 and 2023, the Planning Commission met and considered these recommendations and developed seven additional policy recommendations. Council consideration of these proposals will conclude work on the 2019 referral.

The proposed ordinance would to streamline and clarify the permitting process for small businesses in Berkeley by implementing the following changes:
 Group Class Instruction: Reduce the level of permitting discretion for Group Class Instruction and clarifying definitions of “Dance/Exercise/Martial Arts/Music Studio”, “Group Class Instruction”, and “Gyms and Health Clubs.”  Incidental Distilled Spirits: Revise permit requirements and provide clear performance standards for restaurants that wish to serve Incidental Distilled Spirits at a Food Service Establishment.
 Stand-Alone Beer and Wine Sales and Service: Permit stand-alone Beer and Wine Sales and Service with an administrative use permit (AUP), subject to performance standards, in all commercial zoning districts.

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

 Alcohol Service, Live Entertainment, and Hours of Operation: Modify the special use standards related to Alcohol Service, Live Entertainment, and Hours of Operation in select C-prefixed and M-prefixed districts.  Change of Use: Removing the permit requirements to change a use in commercial districts, thereby reducing permitting time and costs for small businesses getting established in existing commercial spaces.  Office, Business and Professional; Art/Craft Studio; Pet Stores: Reduce the level of permitting discretion for Office, Business and Professional; Art/Craft Studio; and Pet Stores in select C-prefixed districts.
 Food Service: Reduce levels of permitting discretion for food service in commercial and select manufacturing districts and in R-SMU and R-BMU zoning districts, as long as alcohol service is not included. Remove restrictions on rentals of food service establishments to third parties, and on outdoor and seated food service with alcohol in select C and M prefixed districts. Remove quotas on food service in the C-E (Elmwood) district.
 Drug Paraphernalia Stores: Remove the prohibition on uses involving sale or distribution of drug paraphernalia in the C-T (Telegraph) district.

These recommendations were considered by the Planning Commission and the Planning Commission’s Zoning Amendments for Berkeley Business Subcommittee in the context of current zoning regulations and General Plan objectives. Staff subsequently developed a refined set of corresponding proposed Zoning Ordinance amendments.

On October 4, 2023, the Planning Commission held a public hearing (Attachment 2) and unanimously recommended the proposed zoning amendments to the City Council (Motion/Second (Mikiten/ Moore). Ayes: Merker, Moore, Oatfield, Mikiten, Marthinsen, Twu, Hauser, Ghosh, and Vincent. Noes: None. Abstain: None. Absent: None (9-0-0- 0)).

The zoning amendments are contained in Attachment 1, and are proposed for City Council adoption. The proposed zoning amendments advance the City’s Strategic Plan goals to foster a dynamic, sustainable, and locally-based economy and to provide excellent, timely, easily accessible service and information to the community.

FISCAL IMPACTS OF RECOMMENDATION
The proposed amendments are intended to simplify the planning review process for business activities, including new business starts and expansions. Therefore, the proposed amendments may result in a modest increase in business license tax and sales tax revenues due to increased business activity. In addition, the proposed

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

amendments may result in a modest decrease in staffing-related expenditures and land use permitting fee collections, as more uses would be permitted “by right” rather than through a discretionary permitting process.

CURRENT SITUATION AND ITS EFFECTS
The proposed zoning amendments reflect policy changes that are summarized in Table 1: Referral Actions and Zoning Amendment Proposals. Detailed explanations of the proposed zoning amendments are included below.

The first set of proposed zoning amendments reflect specific previously referred actions from City Council, while the second set of proposed zoning amendments reflect staff- initiated changes that are consistent with the previous direction and intent of City Council referrals, and which are recommended by the Planning Commission. Table 1 also includes a column which indicates which Section(s) of the proposed ordinance include changes related to the indicated referral actions. Attachment 3 is an annotated version of the proposed ordinance that includes comments for each Section which refer to items in Table 1.

Table 1: Referral Actions and Zoning Amendment Proposals Policy Change Proposed Zoning Change Ordinance
Sections
(Attachments
1 and 3)
2018-2019 CITY COUNCIL REFERRALS

1. Group Class Instruction.

Allow Group Class
Instruction with a Zoning
Certificate (ZC) in the C-N,
C-E, C-NS and C-SO
zoning districts. (Council
referral dated 10/15/2019).

Revise definitions of
“Dance/Exercise/Martial
Arts/Music Studio”, “Group
Class Instruction”, and
“Gyms and Health Clubs.”
 Removed
“Dance/Exercise
/Martial Arts/Music
Studio” definition and
revised the definition of
“Group Class
Instruction” (simplified
to “Group Instruction”).
(Section 22)
 Replaced “Gyms and
Health Clubs” use with
new “Health and Fitness
Facility” use and
definition. (Section 25)
 Changed permit
requirements and size
thresholds. (Sections 1,
2 and 3)
1 2
3 4
11 13
22 24
25 26
27

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

Policy Change Proposed Zoning Change Ordinance
Sections
(Attachments
1 and 3)
 Removed ground floor
transparency
requirement for gyms in
the C-DMU, for
customer privacy.
(Section 4)
 Conforming technical
edits, e.g., renumbering
and references.

2. Incidental Distilled
Spirits. Permit the sale of
Distilled Spirits that are
incidental to a Food
Service Establishment with
an Administrative Use
Permit (AUP), subject to
performance standards, in
all commercial zoning
districts and the MU-LI and
MU-R zoning districts.
(Council referral dated
10/15/2019, and Council
referral dated 12/4/2018)
 Revised permit
requirements. (Section
19)
19 3. Stand-Alone Beer and
Wine. Permit stand-alone
Beer and Wine Sales and
Service with an AUP,
subject to performance
standards, in all
commercial zoning
districts. (Council referral
dated 10/15/2019 and
Council referral dated
12/4/2018)
 Expanded Bar/Cocktail
Lounge/Tavern use type
to include “Tap
Room/Wine Tasting.”
(Sections 3, 13 and 21)
 Revised permit
requirements. (Section
3)
3 8
13 21

4. Alcoholic Beverage Sales
Standards. Update the
Special Use Standards for
Alcoholic Beverage Sales
in BMC Section
 Revised permit
requirements. (Sections
18 and 19)
18 19

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

Policy Change Proposed Zoning Change Ordinance
Sections
(Attachments
1 and 3)

23.310.030(C). (Council
referral dated 10/15/2019)  Revised Findings of
Public Convenience or
Necessity. (Section 18)

5. Hours of Operation.

Modify hours and days of
operations in commercial
districts. (Council referral
dated 10/15/2019).
 Amended district
purpose for C-SO
District. (Section 9)
 Revised Hours of
Operation. (Section 14)
 Clarified exceptions.
(Section 14)
 Established that an
AUP, not a Use Permit
Modification, is required
to extend hours to
match this change.
(Section 14)
 Conforming technical
edit. (Section 9)
9 14

6. Change of Use. Remove
permit requirements to
change a use in
commercial districts.
(Attachment 1, referral
dated 10/15/2019)
 Removed additional
permit requirements
related to change of
use. (Sections 3 and 4)
3 4

7. ATMs. Allow Automatic
Teller Machines (ATMs) in
commercial districts with a
ZC. (Council referral dated
10/15/2019)
 No recommended
changes.

N/A

STAFF-INITIATED CHANGES CONSISTENT WITH CITY COUNCIL

REFERRALS

8. Office, Business and
Professional; Art/Craft
Studio; Pet Stores.
 Revised permit
requirements.
(Section 3)
3

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

 Allow Office, Business
and Professional uses
with a ZC in the C-NS
and C-T zoning
districts.
 Allow Art/Craft Studios
with a ZC in all
commercial zoning
districts.
 Permit Pet Stores with
an AUP in the Corridor
Commercial (C-C),
University Commercial
(C-U), C-N, C-E, C-
NS, South Area
Commercial (C-SA), C-
T, C-SO, Downtown
Mixed-Use (C-DMU)
and Adeline Corridor
Commercial (C-AC)
zoning districts.

9. Live Entertainment.

Allow unamplified Live
Entertainment with a ZC,
and permit amplified Live
Entertainment with an
AUP in the C-C, C-U, C-

SA, C-T, C-SO, C-DMU,
C-AC, C-N, C-NS, West
Berkeley Commercial (C-
W), C-E, MU-LI and MU-R
zoning districts.
 Added Live
Entertainment as
incidental use in the
R-SMU districts.
(Section 1)
 Added “Live
Entertainment,
Unamplified” and
“Live Entertainment,
Amplified” as land
uses in the
residential,
commercial and
manufacturing
Allowed Uses Tables.
(Section 3)
 Removed stand-
alone section.
(Section 13 and 15)
1 3
13 15

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

10. Seated Food Service
Requirement. Allow
distilled alcoholic
beverage service without
seated food service in the
C-T, C-NS, and the C-SO
zoning districts.
 Removed
requirement that food
service must
accompany distilled
alcohol service.
(Sections 8 and 19)
8 19

11. Food Service
Establishments 3,000
sq. ft or less. Allow Food
Service Establishments
3,000 square feet or less
with a ZC, and permit food
establishments greater
than 3,000 square feet
with an AUP, in all
commercial zoning
districts and the R-SMU
and R-BMU zoning
districts, as long as
alcohol service is not
included.
 Added new “Food
Service
Establishments” uses
to Residential and
Commercial Allowed
Use tables and
removed stand-alone
section. (Sections 1,
3 and 16)
 Removed AUP
requirement for food
service on ground
floor in C-DMU.
(Section 10)
1 3
10 16

12. Food Service
Establishment Quota.

Remove the Numeric
Limitation for Food
Service Establishments in
the C-E zoning district.
 Removed numeric
quota. (Section 5)
5 13. Incidental Food Service
Establishment
Requirements. Permit
incidental Food Service
Establishments under
20,000 square feet in
manufacturing districts to
be indoors and outdoors
with an AUP, and remove
the specification that food
or beverage be limited to
“immediate consumption”
in the MM zoning district.
 Added new “Food
Service
Establishment”
incidental uses to
Manufacturing
Allowed Use Table
and removed stand-
alone code section.
(Sections 13 and 16)
13 16

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

14. Drug Paraphernalia in C-
T District. Allow retail
sales of drug
paraphernalia in the C-T
zoning district.
 Removed prohibition
on uses involving
sale or distribution of
drug paraphernalia in
C-T. (Section 8)
8 15. Third Party Rental.

Remove the restriction on
renting space in a Food
Service Establishment
that serves alcohol
incidental to food service
to a third party.
 Removed restriction.
(section 19)
19 Discussion of Proposed Changes
Items 1 through 7 in the list below were considered pursuant to City Council referrals in 2018 and 2019.

1. Group Class Instruction.

Allow Group Class Instruction with a Zoning Certificate (ZC) in the C-N, C-E, C-NS and C-SO zoning districts. Currently, most commercial zoning districts require an AUP for group class instruction. Recent business models focus on creating activity or experience-based enterprises for patrons alongside traditional retail sales (e.g., painting or art classes accompanying the sales of paint and art supplies, or pattern and fabric sales connected with sewing classes).

The proposed amendments would:
o Allow Group Instruction uses with a ZC in all commercial zoning districts, except:
 An AUP would be required for Group Instruction uses 3,000 square feet or larger in the Neighborhood Commercial (C-N), Elmwood Commercial (C-E), and Solano Avenue (C-SO) zoning districts. The Planning Commission wished to maintain a higher level of discretion for larger Group Instruction uses in smaller commercial districts.
o Allow Health and Fitness Facility uses with a ZC in all commercial zoning districts, except:
o Require an AUP for Health and Fitness Facility uses 7,500 square feet or larger in the Neighborhood Commercial (C-N), Elmwood Commercial (C- E), and Solano Avenue (C-SO) zoning districts. The Planning Commission

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

wished to maintain a higher level of discretion for larger Health and Fitness Facilities uses in smaller commercial districts.

Revise Definitions Related to Group Class Instruction - The BMC currently includes three related use types (Group Class Instruction, Art Classes/Studios/Dance/Martial Arts Studios, and Gym/Health Club) that share some overlapping uses (exercise classes, for example, appear in both Group Class Instruction and Gym/Health Club).

This has led to confusion as to how to classify a proposed use or accommodate emerging business models. The proposed zoning amendments consolidate and refine these definitions, as shown in Table 2.

Table 2: Existing and Proposed Group Class Instruction & Related Definitions Existing Definitions Proposed Definitions
Dance / Exercise / Martial Arts / Music
Studio. An establishment in which
customers assemble for group exercises,
dancing, self-defense training, aerobics,
choral or musical instrument instruction,
other movement drills for learning,
rehearsal or non-audience
performances.

Group Class Instruction. An
establishment that offers specialized
programs in personal growth and
development. Includes music studios,
drama schools, dance academies, art
schools, tutoring schools, and instruction
in other cultural and academic pursuits.

Group Instruction. An establishment
that offers specialized programs in
personal growth, development, and
instruction in artistic, cultural, and
academic pursuits, including music and
choral schools, performing arts, arts and
crafts, cooking, tutoring, martial arts and
self-defense training. Excludes spaces
designed exclusively for public
performance.

Gyms and Health Clubs. An indoor
facility where exercise equipment,
classes and related activities related to
personal health and fitness are available
to paying customers. Excludes
parks/playgrounds.

Health and Fitness Facility. An indoor
facility where exercise equipment, group
classes and other activities related to
personal health and fitness are available
to customers or members. This can
include a facility where exercise
equipment, swimming pools, group or
aerobic classes (including yoga and
Pilates) and other activities related to
personal health and fitness are available
to customers or members. Excludes:
park/playground.

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

Dance, exercise and aerobics are proposed to be captured in the definition of “Health and Fitness Facility.” “Music Studio” is proposed to be removed from the definition because the use is captured in the existing definition of “Media Production.” Music Instruction is proposed to be included under “Group Instruction.”1 Note that the definition and permit requirements for a “Commercial Recreation Center” remain unchanged, which permit activities and uses that include indoor rock climbing, bowling alleys, bingo parlors, skating rinks, billiard or pool halls, miniature golf courses and axe throwing.

2. Incidental Distilled Spirits.

Permit the sale of Distilled Spirits that are incidental to a Food Service Establishment with an Administrative Use Permit (AUP), subject to performance standards, in all commercial zoning districts and the MU-LI and MU-R zoning districts, and with a UP in the R-BMU zoning district. Currently, an operator of a Food Service Establishment must obtain a Use Permit to serve Distilled Spirits that are incidental to food service, which is a process separate from, and in addition to, the State of California Division of Alcohol Beverage Control (ABC) review process. The proposed amendments would permit incidental sale and service of distilled alcoholic beverages with an AUP subject to performance standards. The proposed changes are included in Table 3, below and would also include an amendment to BMC Section 23.310.030(C) – Incidental Beer and Wine Service Standards to condition Food Service Establishments applying to expand alcoholic beverage service.

Table 3: Beer & Wine and Distilled Spirits Incidental to Food Service – Proposed Amendments
Permit Required Based on
Type of Beverages Served When
Incidental to Food Service
District Beer and Wine Distilled Spirits

R-SMU UP(PH) UP(PH)
All Commercial Zoning Districts,
except C-AC and the R-BMU District ZC UP(PH) AUP

R-BMU ZC UP(PH)

MU-LI, MU-R UP(PH) AUP UP(PH) AUP

3. Stand-Alone Beer and Wine.

Permit stand-alone Beer and Wine Sales and Service with an Administrative Use Permit (AUP), subject to performance standards, in all commercial zoning districts.

Currently, stand-alone Beer and Wine Sales and Service uses (e.g., tap rooms, wine bars, and tasting rooms) are permitted in the C-C, C-U, C-SA, C-T, C-DMU, C-W, 1 Note: This would be separate from a home occupation use in a residential district that includes small group lessons as an incidental use, such as private piano lessons taught in a home.

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and C-AC zoning districts with a Use Permit, which is a process separate from, and in addition to, the State of California’s Alcoholic Beverage Control (ABC) review process. The proposed amendments would permit stand-alone sale and service of beer and wine with an AUP in the above listed districts.

4. Alcoholic Beverage Sales and Service Standards.

Update the Special Use Standards for Alcoholic Beverage Sales in BMC Section

23.310.030(C) to align with the proposed Zoning amendments. The proposed amendments include revisions to the standards for Alcoholic Beverage Sales and Service in BMC 23.310.020 and BMC 23.310.030.2 These changes include revised findings for public convenience and necessity that provide updated standards consistent with ABC requirements for staff to reference when evaluating permit applications and/or preparing findings for a proposed permit involving alcoholic beverage sales or service.

Revise Alcoholic Beverage Sales General Requirements, Excluding Incidental Beer and Wine Service. BMC Section 23.310.020, Alcoholic Beverage General Requirements Excluding Beer and Wine Service (i.e., distilled spirits), applies to applications that are starting or increasing alcoholic beverage sales (except for beer and wine service that is incidental to food service). The proposed revisions would implement the following changes:
o Currently, a Use Permit is required to begin or increase alcoholic beverage sales or service. The proposed revisions would permit service of distilled spirits incidental to food service with an AUP.
o The proposed revisions would amend the findings of undue concentration of alcoholic beverage sales and service uses to be consistent with State of California definitions found in Business and Professions Code Section 23958.43 and current ABC regulations.
o The proposed revisions would amend the Findings of Convenience and Necessity to include “economic development benefits to the surrounding area”, and to require that only one, not all, of the listed findings are required for permit issuance.
o The proposed revisions would remove existing requirements that the Berkeley Police Department (BPD) review proposed establishments to determine whether they would be expected to add crime to the area or whether an applicant’s previous alcohol-related violations at another location would 2 Special Use Standards for Alcoholic Beverage Sales were first established in 1999 and revised in 2008, 2009, 2010, 2011, 2014, and 2019.
3 California State Code, Business and Professions 23958.4. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23958.4&lawCode=BPC

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indicate a high likelihood of further violations. These findings are difficult to make as there are no objective standards to evaluate the potential of a business to negatively impact public safety in the future, for BPD to forecast crime at a particular location, or to attribute any predicted increase in crime to the operation of a business that does not yet exist. BPD will instead be notified of all approved alcohol-related permits along with their conditions of approval. Furthermore, additional language has been added to the standard conditions of approval to increase safety and improve authentic identification verification.

Revise Alcoholic Beverage Sales General Requirements, Alcoholic Beverage Service When Incidental to Food Service. BMC Section 23.310.030(C) includes standards that apply to beer and wine service that are incidental to food service in commercial zoning districts. The proposed revisions would implement the following changes for beer and wine service that is incidental to food service:
o The proposed revisions would allow beer and wine to be served in its original bottle or can, or in a container.
o The proposed revisions would allow a lounge or bar area to be established for the sole purpose of alcoholic beverage sales and consumption. o The proposed revisions would empower the Zoning Officer to review and approve changes to hours of operation that have been established through conditions of approval with an AUP.
o The proposed revisions would remove the common permit condition that prohibits the premises to be rented by a third party.
o The proposed revisions would allow advertising of alcoholic beverages and allow alcoholic beverage sales and service equipment to be visible from the public right-of-way, subject to standards in BMC 20.67 (Alcohol Product Advertising).

5. Hours of Operation.

Modify hours and days of operation in commercial zoning districts. Currently, the permitted days and hours of operation vary among commercial zoning districts, and do not account for holidays and other unique cultural and civic events that may occur on a weekday. Currently, in order for a business to extend hours of operation, a UP is required in most commercial zoning districts. To standardize the permitted hours and days of operations across districts, the proposed amendments include the changes to permitted hours of operation as shown in Table 4. Controls related to both noise and alcohol sales would remain in effect with the adoption of the changes articulated in Table 3.4 While 24 hour a day operation would be allowed in the C- 4 E.g., Chapter 9.84 (Responsible Beverage Service Training), BMC Section 13.46.050 (Regulations for Operation and Conduct of Entertainment Events Involving Service or Permitted Consumption of Alcohol),

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DMU and C-T zoning districts for commercial uses, no alcohol service use would be permitted to continue past 2:00 a.m.5
Table 4: Hours of Operation – Proposed Amendments
District Allowed Hours of Operation Permit Required to
Extend Hours

C-C, C-U, C-NS, C-AC, C-
W nodes
7:00 a.m.--12:00 midnight
6:00 a.m.—2:00 a.m.

AUP

C-N, C-E, C-NS, C-SO, C-
SA,
C-W outside nodes, MU-R
7:00 a.m.--11:00 p.m.
6:00 a.m.--12:00 midnight
UP AUP
C-W nodes 6:00 a.m.-12:00 midnight with
Zoning Certificate
UP
C-SA 7:00 a.m.--12:00 midnight
Sundays through Thursdays
7:00 a.m.--12:00 Fridays and
Saturday
UP
C-AC 7:00 a.m.--12:00 midnight
Sundays through Thursdays
7:00 a.m.--2:00 a.m. Fridays
and Saturday
6:00 a.m.—2:00 a.m.

UP
C-T between Bancroft Way
and the north side of
Dwight Way, C-DMU
24 hours per day, 7 days a
week
N/A
C-T between the south
side of Dwight Way and
Parker Street
7:00 a.m.--12:00 midnight AUP
C-DMU 6:00 a.m. and 2:00 a.m. AUP
MU-R 6:00 a.m. --10:00 p.m. AUP
The proposed amendments would require applicants to apply for an AUP to extend their hours of operation beyond what is allowed by their current permit or zoning code.

Chapter 13.48 (Civil Penalties for Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events), Chapter 13.49 (Social Host Ordinance), Chapter 13.60 (Warning Sign Against Consuming Alcoholic Beverages During Pregnancy), Chapter 13.40 (Community Noise), Chapter 20.67 (Alcohol Product Advertising).
5 California State Business & Professions Code 25631 regulates any on-sale or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2:00 a.m. and 6:00 a.m. of the same day.

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6. Change of Use.

Remove “change of use” permit requirements in commercial districts. Currently, all commercial zoning districts except the C-T, C-DMU and C-AC require an AUP or a UP for a change of use, in addition to the permits required for the proposed use itself. In some cases, change of use requirements are different based on project size (square feet), not use. For example, General Retail is allowed in many commercial zoning districts with a ZC, but an AUP is required if it is a change of use for a space over 3,000 square feet in size.

The proposed amendments include the removal of change of use requirements in commercial zoning districts, both for individual uses and for the size of a proposed use. Any proposed use, whether in an empty (vacant) location or as a replacement for a previous use, would be subject to the same permit requirements as the underlying district; there would not be an added discretionary administrative requirement for a proposed use based solely on a change from a previous use. Uses that are different than the immediately previous use would still be evaluated based on compatibility with the purpose of the zoning district and any potential impacts and unique characteristics that may require conditions of approval, to the degree a discretionary permit is required. There remain sections of the zoning code that would still require discretionary procedures based on other underlying size-related regulations, as well as changes in floor area or tenant reconfigurations.

7. ATMs.

Allow Automatic Teller Machines (ATMs) in commercial districts with a Zoning Certificate (ZC). Currently the BMC requires a UP for an ATM that is not associated with a financial institution. After evaluation and consultation with small businesses and existing legislation, staff determined this is a low priority and there are no revisions included in the proposed amendments related to ATMs.

Items 8 through 14 below were advanced by Office of Economic Development (OED) staff in response to changing business conditions, research and community engagement. Some of these modifications, particularly number 8, were refined through outreach and engagement, particularly with the Planning Commission and its small business zoning subcommittee.

8. Office, Business and Professional; Art/Craft Studios; Pet Stores.

Allow Office, Business and Professional uses with a ZC in the C-NS and C-T zoning districts. Currently, Office, Business and Professional uses require an AUP in the C- NS and C-T zoning districts. The proposed zoning changes revise this requirement to a ZC. The Planning Commission wished to maintain a higher level of discretion for Office, Business and Professional uses in the smaller C-SO, C-E, and C-N zoning

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districts and have indicated keeping the AUP requirement is more appropriate in those areas.

Allow Art/Craft Studios with a ZC in all commercial zoning districts and permit Pet Stores with an AUP in the C-C, C-U, C-N, C-E, C-NS, C-SA, C-T, C-SO, C-DMU and C-AC zoning districts. Art/Craft Studios require an AUP in some commercial zoning districts and a ZC in others. Pet Stores currently require a UP in all but one commercial zoning district (the C-W). Existing performance standards in the BMC (e.g., Section 13.40.050 Exterior Noise Standards) would continue to provide limits and regulations for any unintended impacts related to the above-mentioned uses.

Existing and proposed permit requirements are summarized in Table 5.

TABLE 5: OFFICE; BUSINESS AND PROFESSIONAL; ART/CRAFT STUDIOS; PET STORES –

PROPOSED AMENDMENTS
Use Existing Proposed
Office,
Business and
Professional
AUP in C-N, C-E, C-NS, C-T
and C-SO
ZC in C-C, C-U, C-SA, C-DMU,
C-W and C-AC
AUP in C-N, C-E and C-SO
zoning districts
ZC in all other commercial
zoning districts
Art/Craft
Studios
ZC in C-AC
AUP in all other commercial
zoning districts
ZC in all commercial zoning
districts
Pet Stores ZC in C-W
UP(PH) in all other commercial
zoning districts
ZC in C-W
AUP in all other commercial
zoning districts

9. Live Entertainment.

Allow unamplified Live Entertainment with a ZC, and permit amplified Live Entertainment with an AUP, in the C-C, C-U, C-SA, C-T, C-SO, C-DMU, C-AC, C-N, C-NS, C-W, C-E, R-SMU, MU-LI and MU-R zoning districts. Live Entertainment is defined as:
“Any one or more of any of the following, performed live by one or more persons, whether or not done for compensation and whether or not admission is charged: musical act (including karaoke); theatrical act (including stand-up comedy); play; revue; dance; magic act; disc jockey; or similar activity.” Live entertainment, as either a primary or incidental use, is currently not permitted in any residential zoning district. The R-SMU, however, with its relatively dense and mixed-use character, and geographic limitation within the student-oriented Southside Plan Area, is considered an appropriate zoning district in which to permit live entertainment as an incidental use. The proposed changes would allow unamplified

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Live Entertainment with a ZC and permit amplified Live Entertainment with an AUP, as summarized in Table 6.

TABLE 6: LIVE ENTERTAINMENT – PROPOSED AMENDMENTS
Permit Required for Live
Entertainment
Zones
Unamplified Amplified

C-C, C-U, C-SA, C-T, C-SO, C-DMU, C-

AC, C-N, C-NS, C-W, C-E, MU-LI, MU-R
ZC AUP
R-SMU Not Permitted
ZC
Not Permitted
AUP

C-N, C-NS, C-W ZC UP(PH)
C-E ZC Not Permitted

MU-LI, MU-R UP(PH) UP(PH)

10. Alcohol and Seated Food Service Requirements.

Remove the requirement for seated food service to accompany distilled alcoholic beverage service in the C-T, C-NS, and C-SO zoning districts. Currently, only the C- T, C-NS, C-SO and the R-BMU (BART Mixed Use) zoning districts require seated food service with distilled alcoholic beverage service. Under this requirement, business operators must include food service in order to sell and serve distilled alcohol. The C-C, C-U, C-N, C-E, C-SA, C-DMU, C-W and C-AC zoning districts do not have this requirement.

The proposed changes would remove this requirement in the C-T, C-SO, and C-NS districts and regulate the use consistently throughout commercial districts citywide.

No change is proposed for the R-BMU district, which would continue to retain this requirement.

11. Food Service Establishments
Allow Food Service Establishments 3,000 square feet or less with a ZC and permit food service establishments greater than 3,000 square feet with an AUP in all commercial zoning districts and in the R-SMU and R-BMU zoning districts. Several zoning districts vary permit requirements for Food Service Establishments based on floor area or square footage. In some cases, this is a legacy requirement from having a number of different types of food service (i.e., quick service vs. full service) permitted by size (square feet) in the BMC.

In 2019, due to the evolving nature of food service and the availability of food delivery, three food-related use categories (Carry Out Food Store, Quick Service

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Restaurant, and Full-Service Restaurant) were condensed into one use, Food Service Establishment. Combining these three previous uses into one removed the size distinctions that were the basis of varying permit requirements.

The proposed zoning amendments related to Food Service Establishment size include allowing Food Service Establishments under 3,000 square feet with a ZC, and permitting those of 3,000 square feet or more with an AUP, in all commercial districts and the R-SMU and in the R-BMU if no alcohol service is provided. The proposed revisions would also remove the requirement that a Notice of Decision (NOD) be posted within 300 feet of a subject property for any Food Service Establishment that receives an AUP in the C-N, C-E, C-NS, C-SA, C-T and C-SO districts.

In addition, the proposed changes include allowing Food Service Establishments in the Arts District Overlay with a ZC, consistent with other commercial zoning districts and its underlying zoning district (C-DMU), and would remove unique findings for food service in the Elmwood (C-E) district related to incidental use and limits on food establishment uses (see 12, below).

Remove the restriction on renting a Food Service Establishment space to a third party. Currently, BMC Section 23.310.030(C)(3) does not allow a restaurant space that includes incidental beer and wine service to be rented to a third party. In order to provide more flexibility and sustainability to food service operations, the proposed zoning amendments would remove the restriction on renting restaurant space to a third party.

12. Elmwood Food Service Establishment Quota.

Remove the quota for Food Service Establishments in the C-E zoning district.

Currently the C-E (Elmwood) zoning district is the only remaining zoning district that restricts the total number of Food Service Establishments.6 All other quotas throughout the City were eliminated in 2016, after an evaluation of the quota program citywide.7 Future changes to the quota system in the Elmwood were to be brought to Council after further consultation with the Elmwood Business Association.8 The proposed amendment would remove the quota on the number of Food Service Establishments in the C-E. OED staff presented this proposal to the Elmwood Business Association on April 21, 2023 and the Elmwood Business 6 Berkeleyside, https://www.berkeleyside.org/2012/01/17/elmwood-business-quotas-may-change-to-help- startups, January 17, 2012.
7 Berkeley City Council, Removing Numeric Limitations (“Quotas”) in the North Shattuck (C-NS), Telegraph Avenue (C-T), and Solano Avenue (C-SO) Commercial Districts; Amending Berkeley Municipal Code Title 23, March 29, 2016.
8 Ibid, page 3 of 76.

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Association Board voted to support the recommendation to remove quotas in the C- E District.

13. Incidental Food Service Establishment Requirements in Manufacturing Districts.

Remove the requirement that incidental Food Service Establishments in buildings under 20,000 square feet in manufacturing zoning districts be indoors only.

Currently, Incidental Food Service Establishments—i.e., Food Service Establishment uses that are co-located with a primarily permitted use—are permitted in select manufacturing (or “M-prefixed”) zoning districts with an AUP or a UP based on square footage. The proposed zoning amendments would allow for outdoor food service in all manufacturing districts, and off-site food or beverage consumption (I.e. “to-go”) in the MM District.

The AUP permit requirement for indoor food service in the MU-R and the MU-LI zoning districts would still apply for spaces under 5,000 square feet.

14. Drug Paraphernalia in the C-T Zoning District.

Allow drug paraphernalia stores and the sale of drug paraphernalia in the C-T zoning district. Currently, the C-T Allowed Uses section of BMC 23.204.110(B)(3) explicitly prohibits drug paraphernalia stores or the sale of drug paraphernalia in the C-T zoning district. No other zoning district includes this prohibition in the corresponding Allowed Uses section.

Currently, there are three existing legal Cannabis Retailers established in the C-T zoning district that offer cannabis paraphernalia. The existing regulation is also challenging to enforce since the statewide legalization of cannabis. The proposed change would remove this restriction in the C-T zoning district and would regulate this category of merchandise the same way as other commercial zoning districts, i.e., as general retail or as part of a Smoke Shop.

Existing Permitted Land Uses & Proposed Zoning Ordinance Amendments As a result of some of the above proposed zoning amendments, there may be existing uses that, either as a result of previous zoning regulations or specific conditions of approval, would now find themselves subject to more restrictive regulations than new uses in the same zoning district established after the adoption of the proposed zoning amendments. For example, currently in the C-U zoning district, commercial hours of operation end at midnight. Accordingly, an existing business’s approval was premised on ending business at midnight. Under the proposed zoning amendments, however, commercial hours of operation in the C-U zoning district would end at 2:00 a.m. A new business would therefore be allowed to operate two hours longer than an existing business. Currently, adjusting the existing business’ commercial hours of operation would require a permit modification (BMC 23.404.070), which requires a public hearing.

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To remedy this scenario and others like it, the revised ordinance includes new language in three sections to modify the process for modifying an existing land use approval to be consistent with the new regulations included in the proposed ordinance. In each case, an AUP is required to modify an approval, which includes public notice and an option to appeal an initial decision, as well as providing the City an opportunity to include conditions of approval, if necessary.

Authorization to modify existing approvals with an AUP is found in the proposed ordinance’s revised language for Hours of Operation (BMC 23.302.020(B); Section 14 of Attachment 1); General Requirements for Alcohol Beverage Sale and Service (BMC

23.301.020(B); Section 18 of Attachment 1); and regulations regarding Alcoholic Beverage Service When Incidental to Food Service (BMC 23.302.030(A); Section 19 of Attachment 1).

Miscellaneous Technical Edits
The proposed zoning amendments also include the following technical amendments and corrections unrelated to the amendments to support small businesses:
 C-SA Text Amendments: With the adoption of the Adeline Corridor Specific Plan, a number of parcels that were previously included in the C-SA zoning district were rezoned to C-AC. Section 23.204.100 (C-SA zoning district) still includes provisions related to acholic beverage sales and service that pertain only to those formerly C-SA parcels (see Section 6 in Attachments 1 and 3). The proposed zoning amendments include the removal of those provisions from the C-SA zoning district regulations.

C-SA Height Provisions: The C-SA zoning district includes two different building height standards, which are applied to parcels based on their location. Currently, there are parcels that are zoned C-SA that do not have a building height standard assigned to them. The proposed zoning amendments include revisions to the C-SA Maximum Building Heights Table and accompanying map to provide a building height standard for all C-SA zoned parcels (see Section 7 in Attachments 1 and 3).
 Use Category Titles: Section 12 of the proposed ordinance includes the correct use category titles for Retail Uses, Person and Housing Services Uses and Food and Alcohol Service, Lodging, Entertainment and Assembly Uses.  Family Day Care: SB 234 (2019) requires cities to consider all family day care homes for up to 14 children, operating under the standards defined by state law, a residential use and prohibits the local requirement of a business license. Earlier this year, the City Council adopted amendments to the Residential Allowed Use Table to reflect these requirements, but the requirement for a ZC still remains in the allowed use tables for commercial and manufacturing districts. The proposed

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ordinance includes removal of Family Day Care permit requirements from the commercial and manufacturing use tables, consistent with State requirements.  Restaurant Uses: As a result of previous amendments, there are no longer any regulations that pertain to Carry Out Food Stores, Quick Service Restaurants and Full-Service Restaurants. To eliminate confusion, the proposed zoning amendments include removal of the definitions for these restaurant types from the Glossary and a reference in another section.
 Formatting Changes: The proposed ordinance simplifies and improves usability of the Zoning Ordinance by consolidating information into fewer sections and tables.

BACKGROUND
The Zoning Ordinance has evolved over many decades to reflect Berkeley's changing values and the dynamic landscape of property development and land use. Its requirements are intended to guide the City's growth while providing opportunities for feedback from residents, business owners, and commercial district and neighborhood associations.

As noted in the June 7, 2023 Planning Commission report, OED staff consulted with external stakeholders including business services personnel, small business proprietors and operators, and business district networks, as well as City staff including the Community Services Bureau of the Berkeley Police Department, Code Enforcement, and Environmental Health. This collaborative effort also enabled the identification of enhancements in internal city processes and implementation efforts that align with the Council referrals from 2018 and 2019. Some work has already taken place in response to those referrals, including the creation a Coordinated Sign Design program by Council in November 2022.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Small businesses contribute to sustainable transportation and consumer behavior by providing opportunities to shop in commercial districts that are accessible by foot, bicycle and transit. The continued pursuit of environmental sustainability goals, as well as the programs and policies that encourage that pursuit, represents an economic strength for Berkeley and a competitive advantage of the City and the region.

The proposed ordinance includes revisions to permit and other requirements for specified land uses. It does not include allowing any uses currently not permitted that would be anticipated to have a significant effect on the environment and does not qualify as a “project” under the California Environmental Quality Act (CEQA) and further environmental review is not required.

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RATIONALE FOR RECOMMENDATION
The goal of these Zoning Ordinance amendments is to simplify and streamline the permitting experience for small businesses, which can in turn enhance the quality of commercial district offerings, help fill vacant storefronts, and generate more local and sustainable economic opportunities. Berkeley’s commercial districts, and the small businesses that comprise them, are vital to the City’s fiscal, social and civic wellbeing.

ALTERNATIVE ACTIONS CONSIDERED
The June 7, 2023 Planning Commission report included a set of recommendations and alternative suggestions for a number of the proposed policy changes, including different permit requirements, differently-worded definitions and alternative approaches to formatting and organization. Ultimately through the work of the subcommittee and wider discussion(s) with the Planning Commission, some of these suggestions were abandoned and others were workshopped into the recommendations presented in this report, to address the goals of City Council’s referrals.

CONTACT PERSON
Justin Horner, Planning and Development Department, 510-981-7476 Kieron Slaughter, Office of Economic Development, 510-981-2490 Attachments:
1: Ordinance.
2: Planning Commission Staff Report, October 14, 2023.
3: Annotated Ordinance.
4: City Council referral to support small business, Oct. 15, 2019. 5: Public Hearing Notice

1 ORDINANCE NO. -N.S.

AMENDMENTS TO THE RESIDENTIAL DISTRICT CHAPTER (BMC 23.202), COMMERCIAL DISTRICT CHAPTER (BMC 23.204), MANUFACTURING DISTRICT CHAPTER (BMC 23.206), SUPPLEMENTAL USE REGULATIONS CHAPTER (BMC

23.302), ALCOHOLIC BEVERAGE SALES AND SERVICE CHAPTER (BMC 23.310), NONCONFORMING USES, STRUCTURES AND BUILDINGS CHAPTER (BMC 23.324) AND THE GLOSSARY CHAPTER (BMC 23.502) TO SUPPORT BERKELEY

BUSINESSES
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the lines named “Alcoholic Beverage Service,” “Food Service Establishment” “Group Class Instruction,” and “Gym/Health Club” in Table 23.202-1 Allowed Land Uses in Residential Districts, within Berkeley Municipal Code 23.202.020 are amended, and lines named “Food Service Establishment, Under 3,000 sq. ft.,” “Food Service Establishment, 3,000 sq. ft. or larger,” and a new Incidental Use use category with “Live Entertainment, Unamplified” and “Live Entertainment, Amplified” are added, to read:

Table 23.202‑1: Allowed Land Uses in Residential Districts

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations
Apply
**--Required permits for
specific uses are set forth in
the R-BMU Master
Development Permit
(MDP).See 23.202.150.A
and 23.202.150.D
R-1 R-
1A
ES-
R R-2 R-
2A R-3 R-4 R-5 R-S R-
SMU
R-
BM
U**

USE-SPECIFIC

REGULATIONS

APPLIES TO USES

WITH AN ASTERISK

FOLLOWING THE
PERMIT
REQUIREMENT (E.G.,
ZC*)
Alcoholic Beverage
Service NP NP NP NP NP NP NP NP NP
UP(P
H)*
ZC*
UP(P
H)*

23.310—Alcoholic
Beverage Sales and
Service
Food Service
Establishment NP NP NP NP NP NP NP NP NP UP(P
H)*
UP(P
H)*

23.302.070.E– Use-
Specific Regulations
Food Service
Establishment, Under
3,000 sq. ft.

NP NP NP NP NP NP NP NP NP ZC* ZC* 23.302.070(E) – Use- Specific Regulations
Food Service
Establishment, 3,000 sq.
ft. or larger
NP NP NP NP NP NP NP NP NP AUP* AUP* 23.302.070(E) – Use- Specific Regulations
Group Class Instruction NP NP NP NP NP NP NP NP NP NP UP(P H)*

23.202.150.(C)
R-BMU Residential
BART Mixed Use
District
Gym/Health and Fitness
FacilityClub NP NP NP NP NP NP NP NP NP NP UP(P
H)*

23.202.150.(C)
R-BMU Residential
BART Mixed Use
District
Incidental Uses

2 Live Entertainment,
Unamplified NP NP NP NP NP NP NP NP NP ZC NP
Live Entertainment,
Amplified NP NP NP NP NP NP NP NP NP AUP NP
Section 2. That Berkeley Municipal Code 23.202.150(C)(2) is amended to read:

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

Section 3. That the lines named “Family Day Care Home, Large,” “Family Day Care Home, Small,” “Alcoholic Beverage Retail Sale,” “Pet Store,” “Retail General,” “Personal and Household Services, General, “Laundromats and Cleaners,” “Video Tape/Disk Rental,” “Business Support Services,” “Bank and Financial Services, Retail,” “Insurance Agents, Title Companies, Real Estate Agents, Travel Agents,” “Medical Practitioners,” “Non-Chartered Financial Institutions,” “Office, Business and Professional,” “Bar/Cocktail Lounge/Tavern,” “Dance/Exercise/Martial Arts/Music Studio,“ Food Service Establishment,” “Gym/Health Club,” “Alternative Fuel Station,” “Large Vehicle Sales and Rental,” “Small Vehicle Sales and Rental,” “Vehicle Parts Store,” “Vehicle Rentals,” “Vehicle Repair and Service,” “Vehicle Sales, New,” “Vehicle Sales, Used,” “Cannabis Testing,” “Light Manufacturing,” “Wholesale Trade,” “Food and Beverage for Immediate Consumption,” “Food Service Establishment,” “Live Entertainment,” “Retail Sale of Goods Manufactured On-Site,” “Art/Craft Studio,” “Public Market, Enclosed” and the Notes in Table 23.204-1 Allowed Uses in the Commercial Districts, within Berkeley Municipal Code 23.204.020, are amended, and lines named “Group Instruction, 3,000 sq. ft. or larger,“ Food Service Establishment, Under 3,000 sq. ft.” “Food Service Establishment, 3,000 sq. ft. or larger” “Health and Fitness Facility, Under 7,500 sq. ft,” “Health and Fitness Facility, 7,500 sq. ft.” “Live Entertainment, Unamplified,” and “Live Entertainment, Amplified,” are added, to read:

Table 23.204-1 Allowed Uses in the Commercial Districts

COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-

SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
Family Day Care Home,
Large ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Family Day Care, Small ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC

3 COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-

SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
Alcoholic Beverage Retail
Sale
UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)* NP UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)*

23.204.060.B.2

23.310
Pet Store
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
ZC
[3]
AUP
UP(
PH)
Retail, General
ZC
[1]
ZC
[1]
ZC*
[2]
ZC*
[2]
ZC*
[2]
ZC*
[1]
ZC* ZC*
[2]
ZC ZC*
[3]
ZC* 23.204.040.(C) E
(for department
stores)

23.204.040(D).F
(for drug stores)
Personal and Household
Services, General
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1]
ZC ZC
[2]
ZC ZC
[5]
ZC
Laundromats and Cleaners AUP AUP UP(
PH)
UP(
PH)
UP(

PH) AUP AUP UP(
PH)
UP(
PH)
AUP
[4] AUP
Video Tape/Disk Rental ZC
[1]
ZC
[1]
ZC
[2] AUP ZC
[2] -- ZC ZC
[2] ZC ZC
[5] NP
Business Support Services ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1] ZC* ZC
[2] ZC ZC
[5]
ZC
[6]

23.204.110.(B).6
(4)
Bank and Financial Services,
Retail AUP AUP UP(
PH)
UP(
PH)
UP(
PH)
ZC
[1]
AUP
*
UP(
PH) ZC* AUP ZC

23.204.110.(B.)(
64);

23.204.130.(B).(
6);

23.204.130.(D.)(
3)
Insurance Agents, Title
Companies, Real Estate
Agents, Travel Agents
ZC
[1]
ZC
[1]
ZC*
[2]
ZC*
[2]
ZC*
[2]
ZC
[1] ZC* ZC*
[2] ZC* ZC
[5]
ZC
[6]

23.204.040.D(B);

23.204.110.(B).6
(4);

23.204.130.(D).(
3)
Medical Practitioners ZC
[1]
ZC
[1] AUP NP UP(
PH)
ZC
[1]
AUP
*
UP(
PH) ZC* ZC
[5]
ZC
[6]

23.204.040.D(B);

23.204.110.(B).6
(4);

23.204.130.D.3
Non-Chartered Financial
Institutions
UP(
PH)*
UP(
PH)* NP NP NP UP(
PH)*
UP(
PH)* NP NP UP(
PH)*
UP(
PH)

23.302.070.F

23.204.110.(B).6
(4)
Office, Business and
Professional
ZC
[1]
ZC
[1]

AUP
*

AUP
*

AUP
ZC*
ZC
[1]

AUP
ZC*

AUP
*
ZC* ZC
[5]
ZC
[6]

23.204.040.(B);

23.204.110.(B).6
4;

23.204.130.(D)(.
3)
Bar/Cocktail
Lounge/Tavern/Tap
Room/Wine Tasting
UP(
PH)
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*
--
AUP
*
NP
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*
NP
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*

23.204.100.B.3

23.204.110.B.2;

23.310
Dance/Exercise/Martial
Arts/Music Studio
ZC
[1]
ZC
[1]
ZC
[2]

AUP

AUP
[4]
ZC
[1] ZC

AUP ZC ZC
[7] ZC
Food Service Establishment,
under 3,000 sq. ft. ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.302.070(.E) Food Service Establishment, AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP 23.302.070(.E)

4 COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-

SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
3,000 sq. ft. or larger * * * * * * * * * * *
Group Class Instruction,
Under 3,000 sq. ft.

ZC
[1]
ZC
[1]
AUP
ZC
AUP
ZC
AUP
ZC
ZC
[1]
ZC AUP
ZC
ZC ZC ZC 23.204.040.B
Group Instruction,
3,000 sq. ft. or larger ZC ZC AUP AUP ZC ZC ZC AUP ZC ZC ZC Health and Fitness Facility,
Under 7,500 sq. ft ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Health and Fitness Facility,
7,500 sq. ft. or larger ZC ZC AUP AUP ZC ZC ZC AUP ZC ZC ZC Gym/Health Club See 23.204.040.C
Alternative Fuel Station UP(
PH)
UP(
PH)
UP(

PH) NP UP(
PH)
UP(
PH) NP* UP(

PH) NP AUP
*
UP(
PH)

23.204.110.(B).4
(2)

23.204.140.(B).(
3)
Large Vehicle Sales and
Rental AUP NP NP NP NP NP NP NP NP
AUP
*
[81]
NP 23.204.140.(B).(
3)
Small Vehicle Sales and
Service AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
UP(
PH)* NP

23.204.100.(B).5
(3);

23.204.140.(B).(
3)
Vehicle Parts Store ZC
[1] NP ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1] ZC ZC
[2] NP
AUP
*
[81]
ZC
Vehicle Rentals AUP NP NP NP NP NP NP NP UP(
PH)
AUP
*
[81]
NP 23.204.140.(B).(
3)
Vehicle Repair and Service AUP NP NP NP NP NP NP NP NP
AUP
*
[81]
NP
Vehicle Sales, New AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
AUP
*
[81]
NP 23.204.140.(B).(
3)
Vehicle Sales, Used AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
UP(
PH)* NP

23.204.100.(B).5
(3);

23.204.140.(B).(
3);

23.204.140.(D).(
4)
Cannabis Testing AUP AUP NP NP NP NP NP NP AUP AUP
[81] NP
Light Manufacturing – – – – – – – – AUP
[81] --
Wholesale Trade – – – – -- – – – – AUP
[81] --
Incidental Uses
Food and Beverage for
Immediate Consumption ZC ZC

AUP
ZC

UP(
PH)
ZC
UP(
PH)
ZC
ZC

AUP
ZC
UP(
PH)
ZC

ZC ZC ZC

5 COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-

SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
Food Service Establishment See 23.302.070.E
Food Service Establishment,
Under 3,000 sq. ft. ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.310.030 Food Service Establishment,
3,000 sq. ft. or larger
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
* 23.310.030
Live Entertainment,
Unamplified ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Live Entertainment,
Amplified AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP
Live Entertainment See 23.302.070.E
Retail Sale of Goods
Manufactured On-Site
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1] ZC ZC
[2] ZC

AUP
ZC
ZC
Art/Craft Studio AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
ZC
[6]
Public Market, Enclosed AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP [92] AUP
Notes:
[1] Change of use of floor area over 3,000 square feet requires an AUP. [2] Change of use of floor area over 2,000 square feet requires an AUP. [3] Requires an AUP for uses 3,500 sq. ft. to 7,500 square feet. Requires a Use Permit for uses more than 7,500 sq. ft. [4] Requires a Use Permit if 5,000 sq. ft. or more.
[5] Requires an AUP for uses 3,000 sq. ft. to 5,000 square feet. Requires a Use Permit for uses more than 5,000 sq. ft. [6] Requires an AUP for uses 2,500 sq. ft. or greater or 50 ft. wide or greater on Shattuck, between Ward and Russell; Adeline between Russell and the City boundary; on Ashby, east of Adeline; or on the north side of Ashby, west of Adeline. [7] Requires a Use Permit if 7,500 square feet or more. [8][1] Require a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area. [9][2]Requires a Use Permit if more than 10,000 sq. ft.

Section 4. That Berkeley Municipal Code 23.204.040(B) through (F) be amended, to read:

B. Group Class Instruction.

1. C-NS and C-DMU Districts. When group class instruction in the C-NS or C- DMU districts are located on the ground floor adjacent to a street frontage, storefront windows must include a window display or to be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

6 2. C-NS District. Group class instruction uses in the C-NS may not exceed 2,500 square feet.

3. C-T District. Group class instruction uses in the C-T district are not permitted on the ground floor.

C. Gyms and Health Clubs

1. Permits Required. Table 23.204-5: Gym and Health Club Permit Requirements shows permits required for gyms and health clubs in the Commercial Districts.

Table 23.204-5: Gym/Health Club/Fitness Studio Permit Requirements DISTRICT/USE SIZE PERMIT REQUIRED [1]

C-C, C-U, C-DMU
Under 7,500 sq. ft ZC
7,500 sq. ft. and greater AUP

C-N, C-E, C-NS, C-SO AUP

C-SA, C-T, C-AC ZC
C-W
Under 7,500 sq. ft ZC
7,500 sq. ft. and greater UP(PH)
Note:
[1] Change of use permit requirements as described in Section 23.204.030.A – Additional Permit Requirements (Change of Use) also apply. In the C-C, C-U, and C-SA districts, a change of use of gross floor area over 3,000 square feet requires an AUP. In the C-N, C-E, C-NS, and C-SO districts, a change of use of gross floor area over 2,000 square feet requires an AUP.

2. C-DMU District. When located on the ground floor adjacent to a street frontage, storefront windows for a gym and health club in the C-DMU district must include a window display or to be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

DB. Transparency Requirement for Office Uses . When office uses shown in Table

23.204-6: Office Uses Subject to Transparency Requirement are located on the ground floor adjacent to a street frontage, storefront windows shall either:

1. Include a storefront window display; or

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

Table 23.204-6: Office Uses Subject to Transparency Requirement

OFFICE USE DISTRICT
Insurance Agents, Title Companies, Real
Estate Agents, Travel Agents CN, C-E, C-NS, CT, C-SO, C-DMU Medical Practitioners C-T
Office, Business and Professional CN, C-E, C-NS, C-T, C-SO, C-DMU EC. Department Stores. Table 23.204-7: Department Store Permit Requirements shows permits required for department stores in the Commercial Districts.

Table 23.204-7: Department Store Permit Requirements
DISTRICT/USE SIZE PERMIT REQUIRED [1]

C-SA, C-T
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. AUP

C-E, C-NS, C-SO
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. Not Permitted
C-N
3,000 sq. ft. or less AUP
Over 3,000 sq. ft. Not Permitted

C-C, C-U ZC
C-AC
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. UP(PH)AUP
Note:
[1] Change of use permit requirements as described in Section 23.204.030.A Additional Permit Requirements (Change of Use) also apply. In the C-C, C-U, and C-SA districts, a change of use of gross floor area over 3,000 square feet requires an AUP. In the C-N, C-E, C-NS, and C-SO districts, a change of use of gross floor area over 2,000 square feet requires an AUP.

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

8 1. Where Prohibited. A new or expanded drugstore is not permitted if it is:
a. Over 5,000 square feet in gross floor area; and
b. Within 1,000 feet of any property containing an existing drugstore.

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

Section 5. That Berkeley Municipal Code 23.204.080(B)(2) be amended to read:

2. Numerical and Size Limitations.
a. Table 23.20420 shows land uses subject to numerical and size limitations in the C-E district.

TABLE 23.204-20: C-E LAND USE NUMBER AND SIZE LIMITATIONS

USE NUMBER LIMIT MAXIMUM
SIZE
PERMIT

REQUIRED
Art/Craft Shops, Gift/Novelty Shops,
Jewelry/Watch Shops No limit 1,500 sq. ft. ZC
Bookstores, Periodical Stands No limit 2,000 sq. ft. ZC Food Service Establishments [1] 25 total No max. AUP
Photocopy Stores, Printing, Fax,
Magnetic Disk Reproduction Services No limit 1,000 sq. ft. ZC Notes:
[1] Excludes food service uses accessory to a food product store. Secondary food service uses associated with all other principal uses are subject to limitations in Table 23.204-20.

Change of use of over 3,000 square feet requires Use Permit b. The ZAB may allow a use to exceed the limitations in Table 23.20420 with a Use Permit upon finding that:
i. The use will result in the positive enhancement of the purposes of the district; and
ii. The use is likely to experience substantial patronage by surrounding residents as indicated by neighborhood resident support, merchant support, marketing surveys, or other information.

Section 6. That Berkeley Municipal Code 23.204.100(B) be amended to read:

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

2. Alcoholic Beverage Retail Sales. The sale and service of distilled alcoholic beverages (hard liquor) is not permitted along Adeline Street, south of Ashby Avenue, except that such service is allowed when incidental to meals at full-service restaurants in accordance with Section 23.310—Alcoholic Beverage Sales and Service.

3. Bar/Cocktail Lounge/Tavern. Service of distilled alcoholic beverages is allowed along Adeline Street south of Ashby Avenue only when incidental to seated food service.
42 Mixed-Use Permits Required.
a. Zoning Certificate. A mixed-use project is allowed with a Zoning Certificate if the project:
i. Complies with all applicable standards in Table 23.20427, Table

23.20428, and Table 23.20429;
ii. Includes only residential uses above the ground floor; and iii. Is less than 5,000 square feet in gross floor area, including any existing floor area incorporated into the project.
b. Use Permit. If a mixed-use project does not meet the criteria for approval with a Zoning Certificate as provided above, the project requires a Use Permit and is subject to the findings in Section 23.204.100.(E)– C-SA South Area Commercial District (Permit Findings).

53. Vehicle Sales.
a. Applicability.
i. In the C-SA district, small vehicle service is not permitted. Small vehicle sales that are exclusively indoor operations are permitted with a Zoning Certificate. Otherwise, a Use Permit is required.
ii. All new or relocated vehicle sales in the C-SA district shall be exclusively indoor operations with no outdoor activities and shall comply with the requirements of this subsection.
iii. Expansions or modifications of existing vehicle sales are:

1. Encouraged to comply with standards in Paragraph c (Standards) below where feasible; and

2. Shall not increase or exacerbate a non-conformity with these standards. b. Standards.

10 i. Street Frontage. Outdoor vehicle display is permitted only along Shattuck Avenue and Adeline Street and is limited to 30 percent of the lot frontage on those streets.
ii. Area for Outdoor Uses. A maximum of 40 percent of the lot area may be used for outdoor uses, including but not limited to vehicle display and storage. Adequate landscaping and/or fencing shall be used to filter the view of outdoor uses from the adjacent right-of-way and abutting properties, with the exception of outdoor vehicle display;
iii. Service Entries. Vehicle and repair service entries may not exceed 20 percent of the primary lot frontage, no entrance may exceed a width of 20 feet. The primary street frontage is the frontage towards which the primary building entrance is oriented.
iv. Transparency. At least 60 percent of any new building shall be within 10 feet of the right-of-way along the primary street frontage and 60 percent of the street-facing facade shall be comprised of clear glass. v. Repair Activities. All vehicle repair activities shall be conducted indoors. vi. Noise. All noise-generating equipment and activities, such as vehicle repair, shall be shielded by noise-attenuating materials. Outdoor amplification is not permitted.
vii. Lighting. Exterior light standards and fixtures shall not be taller than 20 feet, shall achieve uniform light coverage and minimize glare, shall use light cutoffs to control light spillover onto adjacent properties and urban sky glow, and shall use low energy light fixtures consistent with the City’s goals for energy efficiency.
vii. Vehicle Storage. No vehicles shall be stored in the public right-of-way. c. Modification of Standards. The Zoning Officer may allow modification to standards in Paragraph c (Standards) above with an AUP upon finding that the modification:
i. Is necessary to facilitate incorporation of an existing structure; ii. Achieve greater consistency with the surrounding street pattern; iii. Buffers impacts to an adjacent residential district; or iv. Is needed to accommodate dealership operations.

Section 7. That Table 23.204-28 C-SA Maximum Building Heights and Figure

23.204-3 C-SA Building Height Sub-Areas be amended to read:

11 Table 23.204-28. C-SA Maximum Building Heights
Maximum Height
Building Land Use Subarea 1One Subarea 2All other
parcels
Non-Residential Uses 36 ft and 3 stories 24 ft and 2 stories Mixed Use and Residential
Only
60 ft and 5 stories [1] 36 ft and 3 stories
[1]
[1] In mixed-use buildings, the third story and above must be used for residential purposes entirely.

Figure 23.204-3. C-SA Building Height Sub-Areasarea One

12 Section 8. That Berkeley Municipal Code 23.204.110(B) be amended to read:

B. Allowed Land Uses.

1. General. See Table 23.2041: Allowed Uses in the Commercial Districts.

2. Bar/Cocktail Lounge/Taverns. Service of distilled alcoholic beverages in the C-T district is allowed only when incidental to seated food service.

3. Drug Paraphrenalia Stores. Any use involving the sale or distribution of drug paraphrenalia is not permitted in the C-T district.

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

3. Residential Use, Ground Floor. Residential uses are permitted on the ground floor where located behind a commercial use. The ground floor commercial use must meet the following standards:
a. Occupy a minimum 30-foot depth of the ground floor, as measured from the ground floor street frontage, and
b. Occupy the full extent of the building frontage, excluding required utilities, driveways, pedestrian access and residential lobby.

64. Office Uses.

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

TABLE 23.204-31: C-T OFFICE PERMIT REQUIREMENTS
Permit Required
Building Location First and Second Story Above Second Story Adjacent to Bancroft
Way AUP
Not adjacent to
Bancroft Way
As required by
Table 23.204-1
UP(PH)
b. When office uses are located on the ground floor adjacent to street frontage, the storefront windows must either:
i. Include a window display; or
ii. Be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

75. Upper Story Uses.
a. Floor area above the ground floor may be occupied only by a residential or office uses.
b. A commercial use that is an integral part of a ground floor establishment is permitted on the second story if the use:
i. Has no entrances or exits, other than required fire exits, outside of the ground floor space; and
ii. Does not exceed the ground-floor area of the use.

Section 9. That Berkeley Municipal Code 23.204.120(A)(2)(e) be amended to read:
e. Encourage location of late nightlate-night commerce in appropriate areas in Berkeley, such as the downtown area, and allow businesses to address demand for late night service on Solano Avenue by establishing a 11:00 p.m12:00 midnight. closing time for businesses on Solano Avenue; and
Section 10. That Berkeley Municipal Code 23.204.130(D)(3) be amended to read:

3. Use Limitations; Findings. Food service establishments and offices Offices on the ground floor adjacent to a street frontage require an AUP. To approve the AUP, the Zoning Officer must find that
(a) The project meets the purposes of the Arts Overlay District as set forth above; and

14 (b) The location, size, type, appearance, and signage of the proposed use will:
i. Animate and enhance the pedestrian experience on the street; and ii. Be generally open to the public evenings and on weekends, whenever practicable.

Section 11. That Berkeley Municipal Code 23.204.130(E)(7)(a)(iv) be amended to read:
iv. Gym/Health and Fitness Facility Club
Section 12. That Berkeley Municipal Code 23.204.150(B)(3)(b) be amended to read:
b. Active Commercial Uses Defined. Active Commercial uses are commercial uses which generate regular and frequent foot traffic. Uses include businesses in the following use categories: Retail Retail Uses Sales; Personal and Household Services Uses; Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses; and the following uses: Banks and Financial Services, Retail;, and Vehicle Parts Stores.

Section 13. That the lines named “Family Day Care Home, Large,” “Family Day Care Home, Small,” “Bar/Cocktail Lounge/Tavern,” “Dance/Exercise/Martial Arts/Music Studio, “Food Service Establishment,” “Group Class Instruction,” “Gym/Health Club,” and “Food and Beverage for Immediate Consumption,” in Table 23.206-1 Allowed Uses in Manufacturing Districts, within Berkeley Municipal Code 23.206.020, are amended, and lines named “Food Service Establishment, Under 5,000 sq. ft.” “Food Service Establishment, 5,000 sq. ft. or larger,” “Food Service Establishment, Under 20,000 sq. ft.” “Food Service Establishment, 20,000 sq. ft. or larger” “Live Entertainment, Unamplified” and :Live Entertainment, Amplified” are added, to read:

TABLE 23.206-1: ALLOWED LAND USES IN MANUFACTURING DISTRICTS

MANUFACTURING DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an asterisk
following the permit requirement
(e.g., ZC*)
Family Day Care Home, Large NP NP ZC* AUP* 23.206.040.C Family Day Care Home, Small NP NP ZC* ZC* 23.206.040.C

15 MANUFACTURING DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an asterisk
following the permit requirement
(e.g., ZC*)
Bar/Cocktail Lounge/Tavern/Tap
Room/Wine Tasting
NP NP NP See 23.306
Dance/Exercise/Martial Arts/Music
Studio

NP NP -- UP(PH)
Food Service Establishment See 23.302.070.E
Food Service Establishment,
Under 5,000 sq. ft
-- -- AUP* AUP* 23.302.070(E)
Food Service Establishment,
5,000 sq. ft. larger
-- -- UP(PH)* UP(PH)* 23.302.070(E)
Group Class Instruction NPZC NPZC __ UP(PH)ZC
Gym/Health and Fitness Facility
Club

NP NP -- NP
Incidental Uses
Food and Beverage for Immediate
Consumption
-- AUP [2] -- --
Food Service Establishment AUP [2] -- AUP [2] AUP
Food Service Establishment,
Under 20,000 sq. ft
AUP* AUP* AUP* AUP* 23.302.070(E)
Food Service Establishment,
20,000 sq. ft. larger
NP AUP* NP AUP* 23.302.070(E)
Live Entertainment NP NP UP(PH)* UP(PH)* 23.302.020.D
Live Entertainment, Unamplified NP NP ZC ZC
Live Entertainment, Amplified NP NP AUP AUP
Section 14. That Berkeley Municipal Code 23.302.020(B) be amended to read:

B. Hours of Operation.

16 1. Allowed Hours. Table 23.302-1: Allowed Hours of Operation shows allowed hours of operation for commercial uses in the commercial districts and the MU-R district, unless otherwise restricted by an existing permit.

2. Hours of Operation Defined.
a. For retail or customer-serving office commercial uses, hours of operation are those times that the business is open to customer access. a. For food service establishments, hours of operation include the time that the business is open for customer access to the departure of the last patron.

These limitations do not apply to:
i. The delivery, maintenance, security, product preparation and other pre-opening activities, and
ii. Cleanup, shutdown, and other post-closure activities which do not involve presence of customers.
c. For other commercial and manufacturing uses which do not involve customer access, hours of operation are those times that employees are present who are engaged in non-maintenance or security activities.

2.3. Exceptions. The City may allow extended hours of operations with the approval of a permit as shown in Table 23.302-1. If more restrictive hours of operation than what is permitted in Table 23.302-1 are imposed as a condition of approval on an existing AUP or UP, the hours may be modified within the district's current limits with approval of an AUP regardless of the original review authority.

Table 23.302-1: Allowed Hours of Operation

DISTRICT ALLOWED HOURS OF OPERATION
PERMIT

REQUIRED TO

EXTEND HOURS

C-C, C-U, C-NS, C-AC,
C-W nodes
7:00 a.m. – 12:00 midnight
6:00 a.m. – 2:00 a.m. AUP

C-N, C-E, C-NS, C-SO,
C-SA, C-W outside
nodes, MU-R
7:00 a.m. – 11:00 p.m.
6:00 a.m. – 12:00 midnight UPAUP
C-W nodes 6:00 a.m. – 12:00 midnight with Zoning
Certificate UP
C-SA
7:00 a.m. – 12:00 midnight Sundays
through Thursdays
7:00 a.m. – 12:00 Fridays and Saturday UP
C-AC
7:00 a.m. – 12:00 midnight Sundays
through Thursdays
7:00 a.m. – 2:00 a.m. Fridays and Saturday
UP

17 C-T, C-DMU between
Bancroft Way and the
north side of Dwight
Way
24 hours per day 7 days a week N/A
C-T between the south
side of Dwight Way and
Parker Street
7:00 a.m. – 12:00 midnight AUP
C-DMU 6:00 a.m. and 2:00 a.m. AUP
MU-R 6:00 a.m. and 10:00 p.m. AUP

24. Alcohol Sales in C-T District. A Use Permit is required in the C-T district for a business selling alcohol for off-site consumption to remain open past midnight. The Use Permit may be approved only if the business’s ABC license does not require sales of alcohol for off-site consumption to cease by midnight. The Zoning Adjustments Board (ZAB) may approve the Use Permit only upon finding that the extended hours will not generate excessive noise, traffic or parking problems affecting the well-being of the residents of the district.

3. C-T District Findings. The Zoning Officer may approve an AUP to extend hours of operation in the C-T district upon finding that the extended hours will not generate excessive noise, traffic, or parking problems affecting the well-being of the residents of the district.

4. Hours of Operation Defined.
a. For retail or customer-serving office commercial uses, hours of operation are those times that the business is open to customer access. b. For food service establishments, hours of operation include the time that the business is open for customer access to the departure of the last patron.

These limitations do not apply to:
i. The delivery, maintenance, security, product preparation and other pre- opening activities, and
ii. Cleanup, shutdown, and other post-closure activities which do not involve presence of customers.

For other commercial and manufacturing uses which do not involve customer access, hours of operation are those times that employees are present who are engaged in non-maintenance or security activities.

Section 15. That Berkeley Municipal Code 23.302.020(D) be removed and that Berkeley Municipal Code 23.302.020(E) be amended to read:

18 D. Live Entertainment -- Permits Required. Live entertainment incidental to a permitted use is allowed as shown in Table 23.302-2.

Table 23.302-2: Permit Requirements for Live Entertainment

PERMIT REQUIRED

ZONES AMPLIFIED UNAMPLIFIED

C-C, C-U, C-SA, C-T, C-SO, C-DMU, C-AC AUP ZC

C-N, C-NS, C-W UP(PH) ZC
C-E Not Permitted ZC
M, MM Not Permitted Not Permitted

MU-LI, MU-R UP(PH) UP(PH)

1. Allowed Activities.
a. In the S-O district, food service establishments may have no live entertainment other than unamplified music, poetry reading, comedy or other quiet activities.
b. In the C-NS district, food service establishments may have no live entertainment other than unamplified background music, unless a Use Permit is obtained.

ED. Outdoor Uses.

1. Applicability. This subsection applies to outdoor uses including but not limited to exterior service windows, outside automatic teller machines, and the outside storage of goods, containers and/or materials.

2. General. Commercial and manufacturing uses shall be conducted solely within an interior of a building unless:
a. The permit as required by Paragraph 3 (Permits Required) is obtained; or b. the outdoor use is specifically allowed by the Zoning Ordinance.

3. Permits Required. Table 23.302-2 Permit Requirements for Outdoor Uses shows permits required for uses outside of a building in the Commercial and Manufacturing Districts.

3. Table 23.302-3: Permit Requirements for Outdoor Uses shows permits required for uses outside of a building in the Commercial and Manufacturing Districts.

19 TABLE 23.302-32: PERMIT REQUIREMENTS FOR OUTDOOR USES DISTRICT/USE CHARACTERISTICS [1] PERMIT

REQUIRED
All Commercial Districts Except for C-W
Not abutting a residential district AUP
Abutting a residential district UP(PH)
C-W
Not abutting a residential district and less than 10,000 s. ft. AUP Abutting a residential district UP(PH)
10,000 sq. ft. or more UP(PH)
M, MM [2]
Less than 20,000 sq. ft. ZC
20,000 sq. ft. or more AUP
MU-LI
Less than 20,000 sq. ft. ZC
20,000 to 30,000 sq. ft. AUP
More than 30,000 sq. ft. UP(PH)
MU-R
Not abutting a residential district AUP
Abutting a residential district UP(PH)
Notes:
[1] Size is measured as the lot area of the outdoor activity or storage [2] In the M and MM district permits are required only for activity or storage not ancillary to a permitted use.

54. C-W District. In the C-W district, uses outside of a building must be permitted or incidental to permitted use in the district.

65. M, MM, MU-LI Districts. Outside uses in the M, MM, and MU-LI districts may not abut a residential district.

Section 16. That Berkeley Municipal Code 23.302.070(E) be amended to read:

E. Food Service Establishments.

1. Maximum Size in R-SMU. Food service establishments in the R-SMU district may not exceed 1,200 square feet.

20 2. Permits Required in Commercial Districts and in the R-BMU. 6 shows permits required for food service establishments in the commercial districts and in the R-BMU.

Table 23.302-6: Permit Requirements for Food Service Establishments

DISTRICT/USE SIZE PERMIT

REQUIRED

C-C, C-U, C-T, C-W
Under 1,500 sq. ft ZC
1,500 sq. ft. or more AUP

C-N, C-NS, C-SA, C-SO
Under 1,000 sq. ft ZC
1,000 sq. ft. or more AUP
C-AC, South Shattuck and North Adeline Subareas
3,000 sq ft or less ZC
Over 3,000 sq ft AUP
C-AC, South Adeline Subarea
1,500 sq ft or less ZC
Over 1,500 sq ft AUP
R-BMU, North Berkeley BART Station UP(PH)
C-E AUP [1]
C-DMU
Under 3,000 sq. ft outside the Arts District Overlay ZC 3,000 sq. ft. or more AUP
Any size within the Arts District Overlay AUP [2]
Notes:
[10] All food service uses in the C-E district require an AUP and may not be considered as an incidental use except when accessory to a food product store. [11] See 23.204.130.D.3 for required findings.

3. Notification of Decision. Food service establishments requiring an AUP in the C-N, C-E, C-NS, C-SA, C-T, C-SO districts must provide public notification of decision (NOD) within a 300-foot radius of the subject property.

4. Carry Out Limitations in C-U District. Food service establishments in the C-U district that exclusively sell food for offsite consumption are not permitted at any

21 location on University Avenue between Oxford Street and Martin Luther King Jr.

Way until a Downtown Retail Plan is adopted by the City Council.

5.1. Outdoor Cafe Seating.
a. Outdoor cafe seating on private property outside of the public right-of-way is allowed in the commercial districts with the following permits:
i. Zoning Certificate when seating does not abut a residential district. ii. AUP when seating abuts a residential district.
b. Outdoor seating is not permitted for food service establishments in the MU-LI District.
c.b. Sidewalk cafe seating within the public right-of-way is subject to

23.302.060 (Sidewalk Cafe Seating).

6.2. Building Openings – C-E and C-NS Districts. Food service establishments in the C-E and C-NS districts may have no openings, other than fixed windows and required fire exits, within 50 feet of a residential district.

7.3. C-W District Requirements.
a. Food service drive-through is not permitted on properties fronting San Pablo Avenue.
b. To approve a Use Permit for a food service establishment on a lot with frontage on San Pablo Avenue, the ZAB must find that:
i. The project does not conflict with the goals and policies of the C-W district;
ii. The location, size, appearance and signage of the project will not adversely affect the San Pablo Avenue corridor;
iii. The project supports pedestrian-oriented development; iv. The project is designed to protect the residential character of surrounding neighborhoods from the adverse impacts of fast food development, including, but not limited to increased traffic, litter, and noise; and
v. For projects which include construction of new buildings, the project design:

1. Provides intensity of development which does not underutilize the property; especially at or near intersections of major streets;

2. Provides pedestrian scale and siting; and

3. Incorporates continuity in street facades.

22 8. Permits Required in Manufacturing Districts. Table 23.3028 shows permits required for food service establishments in the manufacturing districts.

TABLE 23.302-7: PERMIT REQUIREMENTS FOR FOOD SERVICE ESTABLISHMENTS IN

MANUFACTURING DISTRICTS

DISTRICT

USE TYPE AND SIZE

M MM MU-LI MU-R
Incidental Use
Under 20,000 sq. ft. AUP [1] AUP
[1,2] AUP [1] AUP [1]
20,000 sq. ft. or more - - - AUP
Carry Out Food Service (Primary Use)
Under 5,000 sq. ft. - - AUP AUP
5,000 sq. ft. or more - - UP UP
Quick Service Restaurant (Primary Use)
Under 5,000 sq. ft. - - AUP AUP
5,000 sq. ft. or more - - UP UP
Full-Service Restaurant (Primary Use) - - UP UP
Notes:
[12] Outdoor food service is not permitted.
[13] Limited to food or beverage for immediate consumption.

9.4.MU-LI and MU-R District – Findings.
a. To approve an AUP or Use Permit to establish or expand a food service establishment in the MU-LI or MU-R district, the review authority must find that the establishment of the use, given its size, location, physical appearance and other relevant characteristics, will not have a significant detrimental impact on the industrial character of the area.
b. To approve an AUP for a food service establishment less than 5,000 square feet, the Zoning Officer must find that a substantial portion of the food consists of goods manufactured on site.

Section 17. That Berkeley Municipal Code 23.302.070(G) and (H) be amended to read:

G. Parking Lot/Structure.

1. Permits Required.

23 2.1. Permits Required. Table 23.302-9 7 shows required permits for the exclusive or primary use of a lot for off-street parking spaces.

TABLE 23.302-97: PERMIT REQUIREMENTS FOR PARKING LOTS/STRUCTURES

DISTRICT PERMIT REQUIRED
Residential Districts
R-3 Use Permit for all parking lots and structures. [1]

R-S, R-SMU, R-
BMU
Use Permit for parking structures only. Parking lots are not permitted, except on lots between Acton Street and Virginia Gardens and between Peralta Avenue and Northside Avenue in the R-BMU.

All other
residential
districts
Use Permit for all parking lots and structures.

Commercial Districts
C-C, C-U Zoning Certificate for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-SO AUP for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-DMU AUP for parking lots with 8 spaces or fewer. Use Permit for all parking structures. Lots with more than 8 spaces not permitted.

C-N, C-E, C-
NS, C-SA Use Permit for all parking lots and structures.

C-T Use Permit for all parking structures. All parking lots not permitted.

C-W AUP for parking lots and structures with 10 spaces or fewer. Use Permit for parking lots and structures with more than 10 spaces.

Manufacturing Districts
M, MM
AUP for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-LI
Zoning Certificate for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. AUP for parking lots and structures with 11 spaces or more exclusively for uses in the district.

Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-R
Zoning Certificate for parking lots and structures exclusively for uses in the district. Use Permit for parking lots and structures not exclusively for uses in the district.

24 Notes:
[1] Parking lots and structures in the R-3 district are not permitted within the Southside Plan area

3.2.Residential District Standards. See 23.322.110– Parking Lots in Residential Districts for standards that apply to the exclusive or primary use of a lot for off-street parking spaces in a residential district.

H. Residential Use, Ground-Floor Units.

1. Southside Plan Area. In the R-3, R-S, R-SMU, and C-T districts within the Southside Plan boundaries, individual unit entries located within six feet of the front property line shall be at least 18 inches above the finished grade of the adjacent public frontage.

I. Senior Congregate Housing. Table 23.302-10 8 shows permits required for senior congregate housing.

TABLE 23.302-108: PERMIT REQUIREMENTS FOR SENIOR CONGREGATE HOUSING

PROJECT PERMIT REQUIRED
Change of use from an existing dwelling unit to accommodate six or fewer people ZC
Change of use from an existing dwelling unit to accommodate seven or more people AUP
New construction to accommodate any number of people UP(PH) Section 18. That Berkeley Municipal Code 23.310.020 be amended to read:

A. Applicability.

1. This section applies to any application to begin or increase alcoholic beverage sales or service, excluding beer and winealcoholic beverage service incidental to a food service establishment in a Commercial District (see 23.310.030 (Alcoholic Beverage Service When Incidental to a Food Service)).

2. As used in this section, an increase in alcoholic beverage sales or service includes, but is not limited to:
a. Adding the sales or service of distilled spirits to any existing sales or service of beer and/or wine;
b. Extending the hours of operation of any establishment that sells or serves any alcoholic beverage; and

25 c. Adding to the capacity, floor area, or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages.

3. An increase in alcoholic beverage sales or service does not include extending the hours of operation of any food service establishments with incidental beer and/or wine service.

B. Permit Required. A Use Permit is required to begin or increase alcoholic beverage sales or service in any way.

1. An Administrative Use Permit is required to begin service of alcoholic beverages, except as provided in 23.310.030 (Alcoholic Beverage Service When Incidental to Food Service).

1.2. To increase sales and service of alcoholic beverages, an existing Administrative Use Permit or Use Permit may be modified with an AUP regardless of the original review authority.

C. Application – List of Nearby Establishments. As part of an application to begin or increase alcoholic beverage sales or service, the applicant must provide a list of all establishments within a 1,000-foot radius which are in the same category of alcoholic beverage sales or service, as defined by the California Department of Alcoholic Beverage Control.

DC. Findings of Public Convenience or Necessity. To approve a permit for alcoholic beverage sales or service, the decision-making body must make the following findings: If the proposed use is within a 1,000-foot radius of the site of a use that is in the same category of alcoholic beverage sales or service, excluding food service establishments with incidental service of beer and/or wine, the Zoning Adjustments Board (ZAB) may approve the application

1. The number of alcoholic beverage sales licensees in the census tract does not exceed the limit set by the Department of Alcoholic Beverage Control, as defined in California Business and Professions Code Section 23958.4, excluding Food Service Establishments with incidental alcohol service; and

1.2. At least one of the following:only if it makes all of the following findings:
a. The proposed establishment will promote the City’s economic health, contribute to General Plan or area plan policies, or further the district purpose. b. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales or service. b. c. The applicant has operated a licensed establishment that has not been the subject of violations regarding alcohol in the State of California, or violations of public safety or nuisance statutes or regulations in Berkeley. as verified by the Police Department, such violations do not indicate a high likelihood of further

26 violations and/or detrimental impacts from the proposed establishment. In making this finding, the ZAB decision-making body may consider the number, frequency, and severity of prior violations, the time elapsed since the last violation, and other relevant factors.

4. If the proposed establishment is within 1,000 feet of any public park or public school, the ZAB has taken into consideration the effect of the proposed establishment upon such sensitive public uses.

3. If the number of alcoholic beverage sales licenses in the census tract exceeds the limit set by the Department of Alcoholic Beverage Control; the decision-making body must find that the public convenience or necessity would be served by approving alcohol sales at the proposed location for any two or more of the following reasons:
a. The proposed establishment will promote the City’s economic health, contribute to General Plan or area plan policies, or further the purposes of the district. b. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales or service. c. The sale of alcoholic beverages will enhance recreational or entertainment opportunities in the area.
d. The sale of alcoholic beverages complements the sale of other goods and merchandise at the location.
e. The issuance of a license at the proposed location will improve the convenience of area residents and visitors who purchase alcoholic beverages.

4. The Police Department has reported that the proposed establishment would not be expected to add to crime in the area.

Section 19. That Berkeley Municipal Code 23.310.030 be amended to read:

A. Permits Required. Table 23.310-1 shows permits required for alcoholic beverage service when incidental to a food service establishment. If more restrictive requirements than what is permitted in Table 23.310-1 are imposed as a condition of approval on an existing AUP or UP, the use may be modified with an AUP regardless of the original review authority.

Table 23.310--1: Permits Required for Alcoholic Beverage Service Permit Required Based on
Type of Beverages Served When Incidental to Food
Service
District Beer and Wine Distilled Spirits

R-SMU UP(PH) UP(PH)

27 Permit Required Based on
Type of Beverages Served When Incidental to Food
Service
District Beer and Wine Distilled Spirits

R-BMU ZC UP (PH)
All Commercial
Districts, except C-AC
and the R-BMU
District

ZC UP(PH) AUP

C-AC ZC AUP

MU-LI, MU-R UP(PH) AUP UP(PH) AUP
B. Use Limitations.

1. R-SMU District. In the R-SMU district, alcoholic beverage service is allowed only for full-service restaurants. Alcoholic beverage service is not allowed for carry out food stores and quick-service restaurants.

2. Commercial Districts. In Commercial Districts, beer and wine service is allowed by right when for on-site consumption with seated food service.

3. C-NS and R-BMU Districts. In the C-NS district, distilled spirit service is allowed only for full-service restaurants. Distilled spirit service is not allowed for carry out food stores and quick-service restaurants.

4. C-T and C-SO Districts. In the C-T and C-SO districts, distilled spirit service is allowed only for on-site consumption with seated food service.

5. C-AC District. In the C-AC district, distilled spirit service is allowed along Adeline Street south of Ashby Avenue only for on-site consumption with seated food service.

CB. Incidental Beer and Wine Service Standards. The following standards apply to beer and wine service incidental to a food service establishment. in a Commercial District.

1. Licensing.
a. The food service establishment shall comply with all applicable regulations of the California Department of Alcoholic Beverage Control. b. An operator of the licensed establishment may not have a prior licensed establishment that was the subject of verified complaints or violations regarding alcohol, public safety, or nuisance statutes or regulations before issuance or transfer of a business license at this location.

2. Service.

28 a. Beer and wine beverage service shall be incidental to the primary food service use.
b. Beer and wine service incidental to seated food service shall only be allowed at a bona fide eating place making actual and substantial sales of meals as determined and required by the California Department of Alcoholic Beverage Control.
c. The sale of beer and wine for off-site consumption is not permitted. d. Employees may not serve beer or wine to patrons who appear to be inebriated or otherwise unable to behave in an orderly manner upon consuming alcohol. e. All beer and wine served to patrons must be served in durable restaurant tableware. Beer or wine may not be distributed in its original bottle or can, or in any other potentially disposable container.
f. There shall be no bar or lounge area upon the licensed premises maintained for the sole purpose of sales, service, or consumption of alcoholic beverages directly to patrons for consumption.
g.d. Hours of operation are subject to review and amendment by the review authority Zoning Officer or the ZAB as necessary to avoid detriment to the neighborhood or to achieve conformance with revised City of Berkeley standards or policies.

3. Operation.
a. The food service establishment must operate at least five days a week. b. The service of beer and wine shall be limited to normal meal hours (per California Department of Alcoholic Beverage Control) during the food service establishment’s hours of operation.
c. During operating the food service establishment’s hours of operation, 100 percent of the serviceall customer accessible areas shall be designed and usedavailable for meal service and the food service establishment must possess the necessary utensils, and condiment dispensers with which to serve meals to the public.
d. At no time shall the operator rent the restaurant space to a third-party. e.d. The owner or operator of the establishment shall take reasonable measures to prevent disturbances by patrons in the immediate vicinity. Such measures shall include:
i. Signs reminding patrons of nearby residences and requests not to congregate or loiter near such residences nor operate vehicles in a noisy manner on residential streets; and

29 ii. Surveillance to public areas near the establishment, keeping public areas free of trash and litter, providing lighting, and otherwise preventing conduct that might disturb the peace and quiet of residences in the vicinity. f.e.The operator shall assume reasonable responsibility for ensuring that patrons do not block the entrance or interfere with pedestrian activity on the adjacent public sidewalk.
g.f.The applicant shall establish cash handling procedures to reduce the likelihood of robberies and theft.

4. Advertising.
a. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior constitute a violation of this requirement. Establishments shall comply with Municipal Code Chapter 20.67 (Alcohol Product Advertising)
b. Alcohol-dispensing facilities and signs advertising alcoholic beverages may not be visible from the public right-of-way.

5. Training.
a. The operator shall finish a Crime Prevention through Environmental Design (CPTED) survey before beginning alcohol service.
b. All employees selling and/or serving beer and wine, or directly supervising such sales and/or service, shall comply with Municipal Code Section 9.84.030 (Responsible Beverage Service Training) and finish the Licensee Education on Alcohol and Drugs (LEAD) program, or another equivalent program offered or certified by the California Department of Alcoholic Beverage Control within 90 days of employment at the establishment. Employees who have finished the course within the last 12 months are exempt from this requirement.

Section 20. That Berkeley Municipal Code 23.324.040(B)(2)(b) be amended to read:
b. Uses with Major Investments. Lawful nonconforming full or quick service restaurantsfood services establishments with cooking or food preparation facilities, gas/auto fuel stations, theaters, manufacturing plants with specifically designed fixed facilities and other uses which represent a major investment in physical plant or facilities shall not be considered or declared terminated, regardless of the duration of non-use, unless:
i. Such fixed structures, equipment, or facilities are removed; or

30 ii. Other uses could not be established without major removal of or extensive remodeling or replacement of structures associated with the previous established use.

Section 21. That Berkeley Municipal Code 23.502.020(B)(4) be amended to read:

4. Bar/Cocktail Lounge/Tavern/Tap Room/Wine Tasting. A business devoted to serving alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.

Section 22. That Berkeley Municipal Code 23.502.020(D) be amended to read:

D. “D” Terms.

1. Dance/Exercise/Martial Arts/Music Studio . An establishment in which customers assemble for group exercises, dancing, self-defense training, aerobics, choral or musical instrument instruction, other movement drills for learning, rehearsal or non-audience performances.

2.1. Deck. An unenclosed structure, usually made of wood, built to provide a solid continuous surface for outdoor use and/or access to a door, which is accessible from the ground level, directly or from a connecting stairway and is separated from the ground by an air space.

3.2. Demolition. A building or enclosed structure shall be considered demolished for the purposes of this chapter when, within any continuous 12-month period, such building or enclosed structure is destroyed in whole or in part or is relocated from one lot to another. For purposes of this definition, destroyed in part means when 50 percent or more of the enclosing exterior walls and 50 percent or more of the roof are removed. Removal of facades or portions of facades requires Design Review.

4.3. Density. See 23.106.100 - Residential Density

5.4. Density Bonus. See 23.332.020 (Definitions).

6.5. Department. The Planning and Development Department of the City of Berkeley or its successor administrative unit.

7.6. Department Store. A retail store selling several kinds of merchandise, which are usually grouped into separate sections, including but not limited to, apparel, housewares, household hardware, household appliances, household electronics and gifts.

8.7. Dormer. A projection built out from a sloping roof, usually housing a vertical window or ventilating louver. See also 23.304.110 (Dormers).

31 9.8. Dormitory. A building providing group living accommodations, occupied by individuals not sharing a common household, characterized by separate sleeping rooms without individual kitchen facilities and containing congregate bath and/or dining facilities or rooms.

10.9. Drive-in Uses. A use where a customer is permitted or encouraged, either by the design of physical facilities or by the service and/or packaging procedures offered, to be served while remaining seated within an automobile. This use includes drive-through food service establishments, financial services (banks), and automatic carwashes.

11.10. Driveway. A paved, vehicular accessway connecting an off-street parking space or parking lot with a public or private street.

12.11. Drug Paraphernalia. As defined in California Health and Safety Code Section 11364.5(d).

13.12. Drugstore. A retail establishment where the profession of pharmacy is practiced and/or where licensed prescription drugs and general merchandise are offered for sale. A food products store with a pharmacy is not a drugstore.

14.13. Dry Cleaning and Laundry Plants. A place where clothes are dry cleaned, dyed and/or laundered as part of a commercial business, whether or not such clothes were deposited by a customer at that location, or transported from another location, as part of a service. This use includes all establishments subject to Section 19233 of the State of California Business and Professions Code, regulating Dry Cleaning Plants, but excludes laundromats and cleaners as defined in this chapter.

15.14. Duplex. A building or use of a lot designed for, or occupied exclusively by, two households.

16.15. Dwelling Unit. A building or portion of a building designed for, or occupied exclusively by, persons living as one household.

Section 23. That Berkeley Municipal Code 23.502.020(F) (11) be amended to read:

11.Food Service Establishments. An establishment which in whole or in part prepares food or beverages for immediate consumption on or off the premises. a. Carry Out Food Store: A store which serves food or non-alcoholic beverages for immediate consumption not on the premises, but usually in the vicinity of the store. This use is usually characterized as an establishment which serves food altered in texture and/or temperature on a customer-demand basis, puts such food in non-sealed packages or edible containers, requires payment for such food before consumption, and provides no seating or other physical accommodations for on- premises dining. Examples of this use include

32 delicatessens and other stores without seating which sell doughnuts, croissants, ice cream, frozen yogurt, cookies, whole pizzas and sandwiches.

This use excludes bakeries and food products stores.
b. Quick Service Restaurant: An establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. This use is usually characterized as an establishment in which food is cooked on a customer-demand basis, payment is required before consumption, limited or no able service is provided (no waiters), and seating or other physical accommodations for on- premises customer dining is provided. Examples of this use include establishments selling primarily hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza slices, fried chicken, or fish and chips. c. Full-Service Restaurant: An establishment which serves food or beverages for immediate consumption primarily on the premises, with only a minor portion, if any, of the food being taken out of the establishment. This use is characterized as an establishment in which food is stored, cooked or prepared on the premises on a customer-demand basis, which requires payment after consumption, and provides seating and tables for on-premises customer dining, and may provide with table service (waiters).

Section 24. That Berkeley Municipal Code 23.502.020(G)(6) be amended to read:

6. Group Class Instruction. An establishment that offers specialized programs in personal growth, and development, and instruction in artistic, cultural, and academic pursuits, including music and choral schools, performing arts, arts and crafts, cooking, tutoring, martial arts and self-defense training. Excludes spaces designed exclusively for public performance. Includes music studios, drama schools, dance academies, art schools, tutoring schools, and instruction in other cultural and academic pursuits.

Section 25. That Berkeley Municipal Code 23.502.020(G)(9) be removed:

9. Gyms and Health Clubs. An indoor facility where exercise equipment, classes and related activities related to personal health and fitness are available to paying customers. Excludes parks/playgrounds.

Section 26. That Berkeley Municipal Code 23.502.020(H)(2) – (11) be amended to read:

2. Health and Fitness Facility. A facility where exercise equipment, swimming pools, group or aerobic classes (including yoga and Pilates) and other activities related to person health and fitness are available to customers or members.

Excludes park/playground.

33 23. Hedge. Any line or row of plants, trees or shrubs planted in a continuous line to form a dense thicket or barrier.

34. Height of Building, Average. See 23.106.090.A (Average Building Height).

45. Height of Building, Maximum. See 23.106.090.B (Maximum Building Height).

56. Home Occupation. A business use conducted on property developed with a residential use, which is incidental and secondary to the residential use, does not change the residential character of the residential use, is limited so as not to substantially reduce the residential use of the legally established dwelling, Accessory Dwelling Unit, Accessory Building or Group Living Accommodation room and is operated only by the residents of the subject residence.

There are three classification of Home Occupations. For the purposes of this section, a "customer" is considered a single paying customer, but may include more than one person receiving the services at the same time:
(1) Class I Home Occupation--Involves no more than five customer visits per day, with no more than four persons receiving services at a time. This class does not allow shipping of goods directly from the subject residence. (2) Class II Home Occupation--Involves no more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site.

This class does not allow shipping of goods directly from the subject residence.
(3) Class III Home Occupation--Involves more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site and/or involves shipping of goods directly from the subject residence.

67. Hospital. A facility for in-patient medical care licensed under California Administrative Code, Title 17, Section 237 or 238.

78. Hot Tub. A tub or small pool, usually made of wood or fiberglass, in which heated water is maintained for recreational or therapeutic activities, including, but not limited to, jacuzzis, whirlpools and spas.

89. Hotel, Residential. A type of group living accommodations which provides rooms for rent for residential purposes, including single residential occupancy (SRO) rooms.
910. Hotel, Tourist. A building with sleeping rooms used, designed, or intended for occupancy by transient guests for a period not to exceed 14 consecutive days.

34 This use includes inns, bed and breakfasts (B&Bs), and hostels, and excludes building with residential hotel rooms and dwelling units. 1011. Household. One or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and utilities, as well as maintaining a single lease or rental agreement for all members of the household and other similar characteristics indicative of a single household.
1112. Household Income, Gross. The income of all adult members of the household as determined by the guidelines used by the Berkeley Housing Authority for its administration of the Section 8 Rental Subsidy Program. For purposes of this definition, household is the same as Family in the federal Section 8 Existing Housing Program or its future equivalent. Classification of Households, based on income, shall be based on the following percentages of the Oakland Primary Metropolitan Statistical Area (PMSA) statistical figures for income of the most recent U.S. Census that are available:
(a) Low Income Household. A household whose gross income is greater than 80 percent and less than 100 percent of the median income. (b) Lower Income Household. A household whose income is no greater than 80 percent and above 50 percent of the median income.
(c) Very Low Income Household. A household whose gross income is 50 percent or less of the median income.

Section 27. That Berkeley Municipal Code 23.502.020(S)(31) be amended to read:

31. Studio. See Art/Craft Studio and Dance. Exercise, Martial Arts or Music Studio.

Section 28. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Planning and Development Department
Land Use Planning Division

STAFF REPORT
October 4, 2023
TO: Members of the Planning Commission
FROM: Justin Horner, Associate Planner
SUBJECT: Zoning Amendments for Berkeley Business Public Hearing

RECOMMENDATION
Planning Commission is asked to hold a public hearing, receive and provide comment on the proposed Zoning Amendments for Berkeley Business (“proposed zoning amendments’), and make a recommendation for consideration by the City Council.

SUMMARY
In response to City Council referrals and recommendations from the Planning Commission’s Zoning Amendments for Berkeley Business Subcommittee, staff from the Office of Economic Development (OED) and the Land Use Planning Division (LUP) are proposing zoning amendments (Attachment 1) targeted at supporting businesses, particularly small businesses with fewer than 50 employees, in commercial, manufacturing and the Residential BART Mixed Use (R-BMU) and Residential Southside Mixed Use (R-SMU) zoning districts.

On June 7, 2023, the Planning Commission heard a presentation and held a discussion on proposed policy changes and zoning amendments (Attachment 2). At that meeting, the Planning Commission appointed a Subcommittee, which met on June 28, 2023 and August 23, 2023, to review th
e draft proposed ordinance in detail. The proposed
ordinance is included as Attachment 1 to this report. The policy rationale for each of these zoning amendments is discussed at length in the June 7, 2023 Planning Commission staff report. Changes made subsequent to the June 7, 2023 Planning Commission meeting are discussed in detail below.

FISCAL IMPACTS OF RECOMMENDATION
As noted in the June 7, 2023 Planning Commission report, the proposed amendments are intended to simplify the planning review process for business activities, including new business starts and expansions. Therefore, the proposed amendments may result in a modest increase in business license tax and sales tax revenues due to increased ATTACHMENT 2

business activity. In addition, the proposed amendments may result in a modest decrease in staffing-related expenditures and land use permitting fee collections, as more uses would be permitted “by right” rather than through a discretionary permitting process.

CURRENT SITUATION AND ITS EFFECTS
The Zoning Ordinance has evolved over many decades to reflect Berkeley's changing values and the dynamic landscape of property development and land use. Its requirements are intended to guide the city's growth while providing opportunities for feedback from residents, business owners, and commercial district and neighborhood associations.

OED staff has observed a specific challenge encountered by small, independent enterprises—the intricate path of maneuvering through the permit review procedure, and associated timelines and financial implications.

In order to better accommodate today's small, independent enterprises, OED staff propose a series of amendments. While they would apply to businesses of all sizes, these proposed zoning amendments aim to establish a streamlined, cost-effective, and expedited process tailored to smaller businesses. These changes further the City of Berkeley's Strategic Plan goals to "foster a dynamic, sustainable, and locally-based economy" and "provide excellent, timely, easily- accessible service and information to the community," while honoring the city's commitment to public participation and ensuring that new uses are compatible with neighboring land uses.

BACKGROUND
As detailed in the June 7, 2023 Planning Commission report, the proposed zoning amendments reflect policy changes that are summarized in Table 1 Referral Actions and Zoning Amendment Proposals. The first six proposed zoning amendments reflect specific referred actions from City Council, while the second set of eight proposed zoning amendments reflect staff-initiated changes that are consistent with the direction and intent of City Council referrals. Table 1 also includes a column which indicates which Section(s) of the proposed ordinance (Attachment 1) include changes related to the indicated referral actions. Attachment 1 also includes comment bubbles for each Section of the proposed ordinance to indicate which of the items in Table 1 are referred to therein.

Table 1 Referral Actions and Zoning Amendment Proposals Policy Change Proposed Zoning Change Ordinance
Sections
(Attachment
1)

CITY COUNCIL REFERRALS

1. Group Class Instruction. Allow Group
Class Instruction with a Zoning Certificate
(ZC) in the C-N, C-E, C-NS and C-SO
zoning districts. (Council referral dated
10/15/2019).

Revise definitions of
“Dance/Exercise/Martial Arts/Music Studio”,
“Group Class Instruction”, and “Gyms and
Health Clubs.”
• Removed
“Dance/Exercise /Martial
Arts/Music Studio” use
and revised the definition
of “Group Class
Instruction” (simplified to
“Group Instruction”) to
include it. (Section 23)
• Replaced “Gyms and
Health Clubs” use with
new “Health and Fitness
Facility” use and definition.
(Section 25)
• Changed permit
requirements and size
thresholds. (Sections 1, 2
and 3)
• Removed ground floor
transparency requirement
for gyms in the C-DMU,
for customer privacy.
(Section 4)
• Conforming technical
edits, e.g. renumbering
and references.
1 2
3 4
11 13
22 24
25 26
27 2. Incidental Distilled Spirits. Permit the sale
of Distilled Spirits that are incidental to a
Food Service Establishment with an
Administrative Use Permit (AUP), subject to
performance standards, in all commercial
zoning districts and the MU-LI and MU-R
zoning districts. (Council referral dated
10/15/2019, and Council referral dated
12/4/2018)
• Revised permit
requirements. (Section 18)
19 3. Stand-Alone Beer and Wine. Permit
stand-alone Beer and Wine Sales and
Service with an AUP, subject to
performance standards, in all commercial
zoning districts. (Council referral dated
10/15/2019 and Council referral dated
12/4/2018)
• Expanded Bar/Cocktail
Lounge/Tavern use type
to include “Tap
Room/Wine Tasting.”
(Sections 3, 12 and 20)
• Revised permit
requirements. (Section 3)
3 13
21 4. Alcoholic Beverage Sales Standards.

Update the Special Use Standards for
Alcoholic Beverage Sales in BMC Section

23.310.030(C). (Council referral dated
10/15/2019)
• Revised permit
requirements. (Sections
17 and 18)
18 19

Policy Change Proposed Zoning Change Ordinance
Sections
(Attachment
1)
• Revised Findings of Public
Convenience or
Necessity. (Section 17)

5. Hours of Operation. Modify hours and
days of operations in commercial districts.
(Council referral dated 10/15/2019).

• Amended district purpose
for C-SO District. (Section
8)
• Revised Hours of
Operation. (Section 13)
• Clarified exceptions.
(Section 13)
• Establish that an AUP, not
a Use Permit Modification,
is required to extend hours
to match this change.
(Section 13)
• Conforming technical edit.
(Section 8)
9 14

6. Change of Use. Remove permit
requirements to change a use in
commercial districts. (Attachment 1, referral
dated 10/15/2019)
• Removed additional
permit requirements
related to change of use.
(Sections 3 and 4)
3 4

7. ATMs. Allow Automatic Teller Machines
(ATMs) in commercial districts with a ZC.
(Council referral dated 10/15/2019)
• No recommended
changes.

N/A

STAFF-INITIATED CHANGES CONSISTENT WITH CITY COUNCIL REFERRALS

8. Office, Business and Professional;
Art/Craft Studio; Pet Stores.
• Allow Office, Business and
Professional uses with a ZC in the C-
N, C-E, C-NS, C-T and C-SO zoning
districts;
• Allow Art/Craft Studios with a ZC in
all commercial zoning districts; and
• Permit Pet Stores with an AUP in the
Corridor Commercial (C-C),
University Commercial (C-U), C-N, C-
E, C-NS, South Area Commercial (C-
SA), C-T, C-SO, Downtown Mixed-
Use (C-DMU) and Adeline Corridor
Commercial (C-AC) zoning districts.
• Revised permit
requirements. (Section 3)
3 9. Live Entertainment. Allow unamplified
Live Entertainment with a ZC, and permit
amplified Live Entertainment with an AUP
in the C-C, C-U, C-SA, C-T, C-SO, C-
DMU, C-AC, C-N, C-NS, West Berkeley
Commercial (C-W), C-E, MU-LI and MU-
R zoning districts.
• Added Live Entertainment
as incidental use in the R-
SMU districts. (Section 1)
• Added “Live
Entertainment,
Unamplified” and “Live
1 3
13 15

Policy Change Proposed Zoning Change Ordinance
Sections
(Attachment
1)
Entertainment, Amplified”
as their land uses in the
residential, commercial
and manufacturing
Allowed Uses Tables.
(Section 3)
• Removed stand-alone
section. (Section 12 and
14)

10. Seated Food Service Requirement.

Allow distilled alcoholic beverage service
without seated food service in the C-T, C-
NS, and the C-SO zoning districts.

• Removed requirement that
food service must
accompany distilled
alcohol service. (Sections
7 and 18)
8 19

11. Food Service Establishments 3,000 sq.
ft or less. Allow Food Service
Establishments 3,000 square feet or less
with a ZC, and permit food
establishments greater than 3,000 square
feet with an AUP, in all commercial
zoning districts and the R-SMU and R-
BMU zoning districts, as long as alcohol
services is not included.

• Added new “Food Service
Establishments” uses to
Residential and
Commercial Allowed Use
tables and removed stand-
alone section. (Sections 1,
3 and 15)
• Removed requirement that
food service on ground
floor in C-DMU requires an
AUP. (Section 9)
1 3
10 16

12. Food Service Establishment Quota.

Remove the Numeric Limitation for Food
Service Establishments in the C-E zoning
district.
• Removed numeric quota.
(Section 5)
5 13. Incidental Food Service Establishment
Requirements. Permit incidental Food
Service Establishments under 20,000
square feet in manufacturing districts to
be indoors and outdoors with an AUP,
and remove the specification that food or
beverage be limited to “immediate
consumption” in the MM zoning district.

• Added new “Food Service
Establishment” incidental
uses to Manufacturing
Allowed Use Table and
removed stand-alone
section. (Sections 12 and
15)
13 16

14. Drug Paraphernalia in C-T District.

Allow retail sales of drug paraphernalia in
the C-T zoning district.
• Removed prohibition on
uses involving sale or
distribution of drug
paraphernalia in C-T.
(Section 7)
8 15. Third Party Rental
Remove the restriction on renting space
in a Food Service Establishment that
serves alcohol incidental to food service
to a third party.
• Removed restriction.
(section 18)
19

Changes Subsequent to June 7, 2023 Planning Commission

The June 7, 2023 Planning Commission staff report included detailed discussion of the referral actions and rationales for the proposed zoning changes. Subsequent to that meeting, revised recommendations from the Zoning Amendments for Berkeley Business Subcommittee and from project planning, policy planning, and Office of Economic Development staff have been incorporated into the proposed ordinance. Those changes are summarized below.

1. Group Class Instruction: The BMC includes three related use types (Group Class Instruction, Art Classes/Studios/Dance/ Martial Arts Studios, and Gym/Health Club) that share some overlapping uses (exercise classes, for example, appear in both Group Class Instruction and Gym/Health Club). This has led to some confusion as to how to classify a proposed use. The June 7, 2023 Planning Commission report included revisions to the definitions of each of three related uses to make each one distinct and to clarify how a proposed use should be classified. The report also proposed an alternative approach: consolidating the definitions and creating fewer use types.

The proposed zoning amendments include a consolidation of the three use types into two use types (Group Instruction and Health and Fitness Facility) and provides definitions that expand and clarify what types of uses are to be considered under each use type.

 Single Land Use Alternative: An alternative approach is to consolidate the two proposed use types (“Group Instruction” and “Health and Fitness”) into one single land use, called “Group Activity.” As a result of other changes included in the proposed ordinance, the permit requirements for Group Instruction and Health and Fitness Facility are the same across all commercial districts. It may not be necessary to distinguish between the two use types if they are regulated similarly. However, the two uses are regulated differently in the M, MM, and MU-R zoning districts: Group Instruction is permitted with a ZC, while Health and Fitness uses are not permitted.

In addition, the June 7, 2023 Planning Commission report included permitting Group Class Instruction in any commercial zoning district with a ZC. Currently, Group Class Instruction uses require an AUP in smaller neighborhood commercial districts (C-N, C-E and C-SO zoning districts). The proposed ordinance includes a revision requiring an AUP for larger Group Instruction uses (3,000 sq. ft. or larger) in the C-N, C-E and C-SO zoning districts, while permitting smaller uses with a ZC.

2. Revised Levels of Permit Discretion for Office, Business and Professional: The June 7, 2023 Planning Commission report included a revision to the Allowed Use Table which permitted Office, Business and Professional uses in all commercial zoning districts with a ZC.

In discussing this item, Subcommittee members expressed a concern that making Office, Business and Professional uses easier to establish in smaller neighborhood commercial districts could make it difficult for neighborhood- serving retail to compete in these more discrete areas. Currently, Office, Business and Professional uses require an AUP in smaller neighborhood commercial districts (C-N, C-E and C-SO zoning districts). The proposed ordinance includes a revision that maintains this AUP requirement for Office, Business and Professional use in these three smaller neighborhood commercial zoning districts.

3. Live Entertainment. The June 7, 2023 Planning Commission report included revisions to BMC Section 23.302.020 to make it easier for live entertainment to be approved as an incidental use in commercial zoning districts and in the MU-LI and MU-R zoning districts.

The proposed ordinance includes an additional revision permitting live entertainment as an incidental use in the R-SMU district. Live entertainment, as either a primary or incidental use, is currently not permitted in any residential zoning district. The R-SMU, however, with its relatively dense and mixed-use character, and geographic limitation within the student-oriented Southside Plan Area, was considered an appropriate zoning district in which to permit live entertainment as an incidental use.

4. Structural/Formatting Changes. Currently, for some uses, the residential, commercial and manufacturing allowed use tables do not contain information about required permits for certain use types; instead, users are instructed to find this permit-related information in other sections or tables of the BMC.

Where appropriate, the proposed ordinance eliminates these references and additional tables, and includes required permit distinctions directly within the allowed use tables themselves. The intent is to simplify the ordinance, remove extraneous language, and to make it easier for users to locate the required permit(s).

 Food Service Establishments: Currently, Food Service Establishment is a single use, and users need to go elsewhere in the BMC to learn about permit distinctions based on project size. The proposed ordinance removes the extra section and instead includes two use types, based on size, directly in the Allowed Use Tables (Food Service Establishment, Under 3,000 sq. ft. and Food Service Establishment, 3,000 sq. ft. or larger).

 Live Entertainment: Currently, a user must consult a separate section of the BMC for permit requirements related to unamplified and amplified live entertainment. The proposed ordinance removes the extra section and instead includes two use types directly in the Allowed Use Tables (Live Entertainment, Unamplified and Live Entertainment, Amplified). This revision also includes the addition of an Incidental Use category within the Residential Allowed Use Table.

 Group Instruction and Health and Fitness Facility: Currently, a user must consult a separate section of the BMC for permit requirements related to the size and location of Gym/Health Club/Fitness uses. The proposed ordinance removes the extra section and instead includes size-based distinctions in the Allowed Use Tables (Group Instruction, Under 3,000 sq. ft.; Group Instruction, 3,000 sq. ft. or larger; Health and Fitness Facility, Under 7,500 sq. ft.; and Health and Fitness Facility, 7,500 sq. ft. or larger).

5. Technical Changes. The proposed zoning amendments also include five technical amendments: two related to the C-SA zoning district, one that corrects use category titles, and t
wo related to restaurant uses.

 C- SA District:

1. With the adoption of the Adeline Corridor Specific Plan, a number of parcels that were previously included in the C-SA zoning district were rezoned to C-AC. Section 23.204.100 (C-SA zoning district) still includes provisions that pertain only to those formerly C-SA parcels. The proposed zoning amendments include the removal of those provisions from the C-SA zoning district regulations.

2. The C-SA zoning district includes two different building height standards, which are applied to parcels based on their location.

Currently, there are parcels that are zoned C-SA that do not have a building height standard assigned to them. The proposed zoning amendments include revisions to the C-SA Maximum Building Heights Table and accompanying map to provide a building height standard for all C-SA zoned parcels.
 Use Category Titles: Section 12 of Attachment 1 includes the correct use category titles for Retail Uses, Person and Housing Services Uses and Food and Alcohol Service, Lodging, Entertainment and Assembly Uses.
 Restaurant Uses: As a result of previous amendments, there are no longer any regulations that pertain to Carry Out Food Stores, Quick Service Restaurants and Full-Service Restaurants. To eliminate confusion, the proposed zoning amendments include removal of the definitions for these restaurant types from the Glossary and a reference in another section.

Existing Land Uses and the Proposed Zoning Ordinance Amendments

As a result of some of the proposed zoning ordinance amendments, there may be existing uses that, either as a result of previous zoning regulations or specific conditions of approval, would be subject to more restrictive regulations than new uses in the same zoning district that would be established after the adoption of the proposed zoning amendments.

For example, currently in the C-U zoning district, commercial hours of operation end at midnight. Accordingly, an existing business’ approval was premised on ending business at midnight. Under the proposed zoning changes, however, commercial hours of operation in the C-U zoning district would end at 2:00 a.m. A new business would therefore be allowed to operate two hours longer than an existing business. Currently, adjusting the existing business’ commercial hours of operation would require a permit modification (BMC 23.404.070), which requires a public hearing.

The revised ordinance includes new language in three sections to modify the process for modifying an existing land use approval to be consistent with the new regulations included in the proposed ordinance. In each case, an AUP is required to modify an approval, which includes public notice and an option to appeal an initial decision, as well as providing the city an opportunity to include conditions of approval, if necessary.

Authorization to modify existing approvals with an AUP is found in the proposed ordinance’s revised language for Hours of Operation (BMC 23.302.020(B); Section 13 of Attachment 1); General Requirements for Alcohol Beverage Sale and Service (BMC

23.301.020(B); Section 17 of Attachment 1); and regulations regarding Alcoholic Beverage Service When Incidental to Food Service (BMC 23.302.030(A); Section 18 of Attachment 1).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Environmental Review Status
The proposed ordinance includes revisions to permit and other requirements for specified land uses to encourage economic development. It does not include allowing any uses currently not permitted that would be anticipated to have a significant effect on the environment.

California Public Resource Code Section 21065 defines a “project” under CEQA as “an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed ordinance includes revisions to permit and other requirements for specified land uses to encourage economic development. It does not include allowing any uses currently not permitted that would be anticipated to have a significant effect on the environment. The proposed ordinance does not consist of a discretionary action that would permit or

cause any direct or indirect change in the environment. The proposed ordinance is therefore not a project under CEQA, and further environmental review is not required.

RATIONALE FOR RECOMMENDATION
The proposed zoning amendments aim to provide a more straightforward, cost- effective, and efficient process for businesses in their establishment or expansion phases. As noted in the June 7, 2023 Planning Commission report, OED staff consulted with business services personnel, small business proprietors and operators, as well as the Community Services Bureau of the Berkeley Police Department, along with code enforcement staff from the Zoning, Neighborhood Services, and Environmental Health Divisions. This collaborative effort enabled the identification of enhancements in processes and implementations that align with Council referrals.

At its June 7, 2023 meeting, the Planning Commission expressed support for the proposed zoning amendments' general direction. Consequently, a Subcommittee was convened to offer further analysis and a detailed review of the proposed ordinance. The Subcommittee conducted that review and suggested a select number of changes that have been incorporated into the proposed ordinance.

ALTERNATIVE ACTIONS CONSIDERED
As noted above, the June 7, 2023 Planning Commission report included a set of recommendations and alternative suggestions for a number of the proposed policy changes, including different permit requirements, differently-worded definitions and alternative approaches to formatting and organization.

NEXT STEPS
Upon a recommendation from the Planning Commission, the City Council will conduct a public hearing on the proposed ordinance. The proposed zoning amendments would be effective 30 days after the second reading of the ordinance by the City Council.

CONTACT PERSON
Kieron Slaughter, Chief Strategist, Economic Innovation, Office of Economic Development, 510-981-2490

Justin Horner, Associate Planner, Planning and Development Department, 510-981- 7476
Attachments:

1. Ordinance

2. June 7, 2023 Planning Commission report and attachments

3. Public Hearing Notice
Referenced Council Referrals:

1. Referral Response: Modifications to the Zoning Ordinance to Support Small Businesses (City Manager Williams-Ridley, 12/4/18)

2. Referral Response: Modifications to the Zoning Ordinance to Support Small Businesses (City Manager Williams-Ridley, 10/15/19)

ATTACHMENT 3
ORDINANCE NO. -N.S.

AMENDMENTS TO THE RESIDENTIAL DISTRICT CHAPTER (BMC 23.202), COMMERCIAL DISTRICT CHAPTER (BMC 23.204), MANUFACTURING DISTRICT CHAPTER (BMC 23.206), SUPPLEMENTAL USE REGULATIONS CHAPTER (BMC

23.302), ALCOHOLIC BEVERAGE SALES AND SERVICE CHAPTER (BMC 23.310),

NONCONFORMING USES, STRUCTURES AND BUILDINGS CHAPTER (BMC

23.324) AND THE GLOSSARY CHAPTER (BMC 23.502) TO SUPPORT BERKELEY

BUSINESSES
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the lines named “Alcoholic Beverage Service,” “Food Service Establishment” “Group Class Instruction,” and “Gym/Health Club” in Table 23.202-1 Allowed Land Uses in Residential Districts, within Berkeley Municipal Code 23.202.020 are amended, and lines named “Food Service Establishment, Under 3,000 sq. ft.,” “Food Service Establishment, 3,000 sq. ft. or larger,” and a new Incidental Use use category with “Live Entertainment, Unamplified” and “Live Entertainment, Amplified” are added, to read:

Table 23.202‑1: Allowed Land Uses in Residential Districts

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations
Apply
**--Required permits for
specific uses are set forth in
the R-BMU Master
Development Permit
(MDP).See 23.202.150.A
and 23.202.150.D
R-1 R-
1A
ES-
R R-2 R-
2A R-3 R-4 R-5 R-S R-
SMU
R-
BM
U**

USE-SPECIFIC

REGULATIONS

APPLIES TO USES

WITH AN ASTERISK

FOLLOWING THE
PERMIT
REQUIREMENT (E.G.,
ZC*)
Alcoholic Beverage
Service NP NP NP NP NP NP NP NP NP
UP(P
H)*
ZC*
UP(P
H)*

23.310—Alcoholic
Beverage Sales and
Service
Food Service
Establishment NP NP NP NP NP NP NP NP NP UP(P
H)*
UP(P
H)*

23.302.070.E– Use-
Specific Regulations
Food Service
Establishment, Under
3,000 sq. ft.

NP NP NP NP NP NP NP NP NP ZC* ZC* 23.302.070(E) – Use- Specific Regulations
Food Service
Establishment, 3,000 sq.
ft. or larger
NP NP NP NP NP NP NP NP NP AUP* AUP* 23.302.070(E) – Use- Specific Regulations
Group Class Instruction NP NP NP NP NP NP NP NP NP NP UP(P H)*

23.202.150.(C)
R-BMU Residential
BART Mixed Use
District
Gym/Health and Fitness
FacilityClub NP NP NP NP NP NP NP NP NP NP UP(P
H)*

23.202.150.(C)
R-BMU Residential
BART Mixed Use
District
Incidental Uses
Commented [HJ1]: 1. Group Class Instruction

9. Live Entertainment

11. Food Service Establishments 3,000 sq. ft. or less

2 Live Entertainment,
Unamplified NP NP NP NP NP NP NP NP NP ZC NP
Live Entertainment,
Amplified NP NP NP NP NP NP NP NP NP AUP NP
Section 2. That Berkeley Municipal Code 23.202.150(C)(2) is amended to read:

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

Section 3. That the lines named “Family Day Care Home, Large,” “Family Day Care Home, Small,” “Alcoholic Beverage Retail Sale,” “Pet Store,” “Retail General,” “Personal and Household Services, General, “Laundromats and Cleaners,” “Video Tape/Disk Rental,” “Business Support Services,” “Bank and Financial Services, Retail,” “Insurance Agents, Title Companies, Real Estate Agents, Travel Agents,” “Medical Practitioners,” “Non-Chartered Financial Institutions,” “Office, Business and Professional,” “Bar/Cocktail Lounge/Tavern,” “Dance/Exercise/Martial Arts/Music Studio,“ Food Service Establishment,” “Gym/Health Club,” “Alternative Fuel Station,” “Large Vehicle Sales and Rental,” “Small Vehicle Sales and Rental,” “Vehicle Parts Store,” “Vehicle Rentals,” “Vehicle Repair and Service,” “Vehicle Sales, New,” “Vehicle Sales, Used,” “Cannabis Testing,” “Light Manufacturing,” “Wholesale Trade,” “Food and Beverage for Immediate Consumption,” “Food Service Establishment,” “Live Entertainment,” “Retail Sale of Goods Manufactured On-Site,” “Art/Craft Studio,” “Public Market, Enclosed” and the Notes in Table 23.204-1 Allowed Uses in the Commercial Districts, within Berkeley Municipal Code 23.204.020, are amended, and lines named “Group Instruction, 3,000 sq. ft. or larger,“ Food Service Establishment, Under 3,000 sq. ft.” “Food Service Establishment, 3,000 sq. ft. or larger” “Health and Fitness Facility, Under 7,500 sq. ft,” “Health and Fitness Facility, 7,500 sq. ft.” “Live Entertainment, Unamplified,” and “Live Entertainment, Amplified,” are added, to read:

Table 23.204-1 Allowed Uses in the Commercial Districts

COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
Family Day Care Home,
Large ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Commented [HJ2]: 1. Group Class Instruction
Commented [HJ3]: 1. Group Class Instruction

3. Stand-Alone Beer and Wine

6. Change of Use

8. Office, Business & Professional. Art/Craft Studio, Pet Store

9. Live Entertainment

11. Food Service Establishments 3,000 sq. ft. or less
TECHNICAL CHANGE related to Family Day Care Homes

3 COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
Family Day Care, Small ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC Alcoholic Beverage Retail
Sale
UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)* NP UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)*

23.204.060.B.2

23.310
Pet Store
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
ZC
[3]
AUP
UP(
PH)
Retail, General
ZC
[1]
ZC
[1]
ZC*
[2]
ZC*
[2]
ZC*
[2]
ZC*
[1]
ZC* ZC*
[2]
ZC ZC*
[3]
ZC* 23.204.040.(C) E
(for department
stores)

23.204.040(D).F
(for drug stores)
Personal and Household
Services, General
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1]
ZC ZC
[2]
ZC ZC
[5]
ZC
Laundromats and
Cleaners AUP AUP UP(
PH)
UP(
PH)
UP(

PH) AUP AUP UP(
PH)
UP(
PH)
AUP
[4] AUP
Video Tape/Disk Rental ZC
[1]
ZC
[1]
ZC
[2] AUP ZC
[2] -- ZC ZC
[2] ZC ZC
[5] NP
Business Support Services ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1] ZC* ZC
[2] ZC ZC
[5]
ZC
[6]

23.204.110.(B).6(
4)
Bank and Financial
Services, Retail AUP AUP UP(
PH)
UP(
PH)
UP(
PH)
ZC
[1]
AUP
*
UP(
PH) ZC* AUP ZC

23.204.110.(B.)(6
4);

23.204.130.(B).(6
);

23.204.130.(D.)(3
)
Insurance Agents, Title
Companies, Real Estate
Agents, Travel Agents
ZC
[1]
ZC
[1]
ZC*
[2]
ZC*
[2]
ZC*
[2]
ZC
[1] ZC* ZC*
[2] ZC* ZC
[5]
ZC
[6]

23.204.040.D(B);

23.204.110.(B).6(
4);

23.204.130.(D).(3
)
Medical Practitioners ZC
[1]
ZC
[1] AUP NP UP(
PH)
ZC
[1]
AUP
*
UP(
PH) ZC* ZC
[5]
ZC
[6]

23.204.040.D(B);

23.204.110.(B).6(
4);

23.204.130.D.3
Non-Chartered Financial
Institutions
UP(
PH)*
UP(
PH)* NP NP NP UP(
PH)*
UP(
PH)* NP NP UP(
PH)*
UP(
PH)

23.302.070.F

23.204.110.B.64
Office, Business and
Professional
ZC
[1]
ZC
[1]

AUP
*

AUP
*

AUP
ZC*
ZC
[1]

AUP
ZC*

AUP
*
ZC* ZC
[5]
ZC
[6]

23.204.040.B;

23.204.110.B.64;

23.204.130.D.3
Bar/Cocktail
Lounge/Tavern/Tap
Room/Wine Tasting
UP(
PH)
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*
--
AUP
*
NPA
UP*
UP(
PH)
AUP
*
UP(
PH)
AUP
*
NP
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*

23.204.100.B.3

23.204.110.B.2;

23.310
Dance/Exercise/Martial
Arts/Music Studio
ZC
[1]
ZC
[1]
ZC
[2]

AUP

AUP
[4]
ZC
[1] ZC AUP ZC ZC
[7] ZC
Food Service
Establishment, under ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.302.070.E

4 COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
3,000 sq. ft.

Food Service
Establishment, 3,000 sq. ft.
or larger
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
* 23.302.070.E
Group Class Instruction,
Under 3,000 sq. ft.

ZC
[1]
ZC
[1]
AUP
ZC
AUP
ZC
AUP
ZC
ZC
[1]
ZC AUP
ZC
ZC ZC ZC 23.204.040.B
Group Instruction,
3,000 sq. ft. or larger ZC ZC AUP AUP ZC ZC ZC AUP ZC ZC ZC Health and Fitness Facility,
Under 7,500 sq. ft ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Health and Fitness Facility,
7,500 sq. ft. or larger ZC ZC AUP AUP ZC ZC ZC AUP ZC ZC ZC Gym/Health Club See 23.204.040.C
Alternative Fuel Station UP(
PH)
UP(
PH)
UP(

PH) NP UP(
PH)
UP(
PH) NP* UP(

PH) NP AUP
*
UP(
PH)

23.204.110.(B).4(
2)

23.204.140.(B).(3
)
Large Vehicle Sales and
Rental AUP NP NP NP NP NP NP NP NP AUP
* [81] NP 23.204.140.(B).(3
)
Small Vehicle Sales and
Service AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
UP(
PH)* NP

23.204.100.(B).5(
3);

23.204.140.(B).(3
)
Vehicle Parts Store ZC
[1] NP ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1] ZC ZC
[2] NP AUP
* [81] ZC
Vehicle Rentals AUP NP NP NP NP NP NP NP UP(
PH)
AUP
* [81] NP 23.204.140.(B).(3
)
Vehicle Repair and Service AUP NP NP NP NP NP NP NP NP AUP * [81] NP
Vehicle Sales, New AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
AUP
* [81] NP 23.204.140.(B).(3
)
Vehicle Sales, Used AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
UP(
PH)* NP

23.204.100.(B).5(
3);

23.204.140.(B).(3
);

23.204.140.(D).(4
)
Cannabis Testing AUP AUP NP NP NP NP NP NP AUP AUP
[81] NP
Light Manufacturing – – – – – – – – AUP
[81] --
Wholesale Trade – – – – -- – – – – AUP
[81] --
Incidental Uses
Food and Beverage for
Immediate Consumption ZC ZC

AUP
ZC

UP(
PH)
ZC
UP(
PH)
ZC
ZC

AUP
ZC
UP(
PH)
ZC

ZC ZC ZC
Commented [HJ4]: Instead of using a table in section

23.204.040, we made new land uses here, for ease of use.

5 COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
Food Service
Establishment See 23.302.070.E
Food Service
Establishment, Under
3,000 sq. ft.

ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.310.030
Food Service
Establishment, 3,000 sq. ft.
or larger
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
* 23.310.030
Live Entertainment,
Unamplified ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Live Entertainment,
Amplified AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP
Live Entertainment See 23.302.070.E
Retail Sale of Goods
Manufactured On-Site
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1] ZC ZC
[2] ZC

AUP
ZC
ZC
Art/Craft Studio AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
ZC
[6]
Public Market, Enclosed AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP [92] AUP
Notes:
[1] Change of use of floor area over 3,000 square feet requires an AUP. [2] Change of use of floor area over 2,000 square feet requires an AUP. [3] Requires an AUP for uses 3,500 sq. ft. to 7,500 square feet. Requires a Use Permit for uses more than 7,500 sq. ft. [4] Requires a Use Permit if 5,000 sq. ft. or more.
[5] Requires an AUP for uses 3,000 sq. ft. to 5,000 square feet. Requires a Use Permit for uses more than 5,000 sq. ft. [6] Requires an AUP for uses 2,500 sq. ft. or greater or 50 ft. wide or greater on Shattuck, between Ward and Russell; Adeline between Russell and the City boundary; on Ashby, east of Adeline; or on the north side of Ashby, west of Adeline. [7] Requires a Use Permit if 7,500 square feet or more. [8][1] Require a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area. [9][2]Requires a Use Permit if more than 10,000 sq. ft.

Section 4. That Berkeley Municipal Code 23.204.040(B) through (F) be amended, to read:

B. Group Class Instruction.

1. C-NS and C-DMU Districts. When group class instruction in the C-NS or C- DMU districts are located on the ground floor adjacent to a street frontage, Commented [HJ5]: Instead of using a table in section

23.302.070, we made new land uses here, for ease of use.

Commented [HJ6]: 1. Group Class Instruction

6. Change of Use

6 storefront windows must include a window display or to be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

2. C-NS District. Group class instruction uses in the C-NS may not exceed 2,500 square feet.

3. C-T District. Group class instruction uses in the C-T district are not permitted on the ground floor.

C. Gyms and Health Clubs

1. Permits Required. Table 23.204-5: Gym and Health Club Permit Requirements shows permits required for gyms and health clubs in the Commercial Districts.

Table 23.204-5: Gym/Health Club/Fitness Studio Permit Requirements DISTRICT/USE SIZE PERMIT REQUIRED [1]

C-C, C-U, C-DMU
Under 7,500 sq. ft ZC
7,500 sq. ft. and greater AUP

C-N, C-E, C-NS, C-SO AUP

C-SA, C-T, C-AC ZC
C-W
Under 7,500 sq. ft ZC
7,500 sq. ft. and greater UP(PH)
Note:
[1] Change of use permit requirements as described in Section 23.204.030.A – Additional Permit Requirements (Change of Use) also apply. In the C-C, C-U, and C-SA districts, a change of use of gross floor area over 3,000 square feet requires an AUP. In the C-N, C-E, C-NS, and C-SO districts, a change of use of gross floor area over 2,000 square feet requires an AUP.

2. C-DMU District. When located on the ground floor adjacent to a street frontage, storefront windows for a gym and health club in the C-DMU district must include a window display or to be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

Commented [HJ7]: Created new use (Health and Fitness
Facility) and moved permit requirements to Commercial
Allowed Uses Table (Section 3, above), so we can get rid of this table. New definition in Glossary, below (Section 25)

7 DB. Transparency Requirement for Office Uses. When office uses shown in Table

23.204-6: Office Uses Subject to Transparency Requirement are located on the ground floor adjacent to a street frontage, storefront windows shall either:

1. Include a storefront window display; or

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

Table 23.204-6: Office Uses Subject to Transparency Requirement

OFFICE USE DISTRICT
Insurance Agents, Title Companies, Real
Estate Agents, Travel Agents CN, C-E, C-NS, CT, C-SO, C-DMU Medical Practitioners C-T
Office, Business and Professional CN, C-E, C-NS, C-T, C-SO, C-DMU EC. Department Stores. Table 23.204-7: Department Store Permit Requirements shows permits required for department stores in the Commercial Districts.

Table 23.204-7: Department Store Permit Requirements
DISTRICT/USE SIZE PERMIT REQUIRED [1]

C-SA, C-T
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. AUP

C-E, C-NS, C-SO
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. Not Permitted
C-N
3,000 sq. ft. or less AUP
Over 3,000 sq. ft. Not Permitted

C-C, C-U ZC
C-AC
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. UP(PH)AUP
Note:
[1] Change of use permit requirements as described in Section 23.204.030.A Additional

8 Permit Requirements (Change of Use) also apply. In the C-C, C-U, and C-SA districts, a change of use of gross floor area over 3,000 square feet requires an AUP. In the C-N, C-E, C-NS, and C-SO districts, a change of use of gross floor area over 2,000 square feet requires an AUP.

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

1. Where Prohibited. A new or expanded drugstore is not permitted if it is:
a. Over 5,000 square feet in gross floor area; and
b. Within 1,000 feet of any property containing an existing drugstore.

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

Section 5. That Berkeley Municipal Code 23.204.080(B)(2) be amended to read:

2. Numerical and Size Limitations.
a. Table 23.204-20 shows land uses subject to numerical and size limitations in the C-E district.

TABLE 23.204-20: C-E LAND USE NUMBER AND SIZE LIMITATIONS

USE NUMBER LIMIT MAXIMUM
SIZE
PERMIT

REQUIRED
Art/Craft Shops, Gift/Novelty Shops,
Jewelry/Watch Shops No limit 1,500 sq. ft. ZC
Bookstores, Periodical Stands No limit 2,000 sq. ft. ZC Food Service Establishments [1] 25 total No max. AUP
Photocopy Stores, Printing, Fax,
Magnetic Disk Reproduction Services No limit 1,000 sq. ft. ZC Notes:
[1] Excludes food service uses accessory to a food product store. Secondary food service uses associated with all other principal uses are subject to limitations in Table 23.204-20.

Change of use of over 3,000 square feet requires Use Permit Commented [HJ8]: 12. Food Service Establishment Quota
(C-E)

9 b. The ZAB may allow a use to exceed the limitations in Table 23.204-20 with a Use Permit upon finding that:
i. The use will result in the positive enhancement of the purposes of the district; and
ii. The use is likely to experience substantial patronage by surrounding residents as indicated by neighborhood resident support, merchant support, marketing surveys, or other information.

Section 6. That Berkeley Municipal Code 23.204.100(B) be amended to read:

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

2. Alcoholic Beverage Retail Sales. The sale and service of distilled alcoholic beverages (hard liquor) is not permitted along Adeline Street, south of Ashby Avenue, except that such service is allowed when incidental to meals at full- service restaurants in accordance with Section 23.310—Alcoholic Beverage Sales and Service.

3. Bar/Cocktail Lounge/Tavern. Service of distilled alcoholic beverages is allowed along Adeline Street south of Ashby Avenue only when incidental to seated food service.
42 Mixed-Use Permits Required.
a. Zoning Certificate. A mixed-use project is allowed with a Zoning Certificate if the project:
i. Complies with all applicable standards in Table 23.204-27, Table

23.204-28, and Table 23.204-29;
ii. Includes only residential uses above the ground floor; and iii. Is less than 5,000 square feet in gross floor area, including any existing floor area incorporated into the project.
b. Use Permit. If a mixed-use project does not meet the criteria for approval with a Zoning Certificate as provided above, the project requires a Use Permit and is subject to the findings in Section 23.204.100.(E)– C-SA South Area Commercial District (Permit Findings).

53. Vehicle Sales.
a. Applicability.

Commented [HJ9]: TECHNICAL CHANGE to C-SA:
many C-SA parcels were rezoned to C-AC when the Adeline Plan was adopted. Due to that rezoning, there are no longer areas within the C-SA zoning district that meet these
conditions (there are now all C-AC).

10 i. In the C-SA district, small vehicle service is not permitted. Small vehicle sales that are exclusively indoor operations are permitted with a Zoning Certificate. Otherwise, a Use Permit is required.
ii. All new or relocated vehicle sales in the C-SA district shall be exclusively indoor operations with no outdoor activities and shall comply with the requirements of this subsection.
iii. Expansions or modifications of existing vehicle sales are:

1. Encouraged to comply with standards in Paragraph c (Standards) below where feasible; and

2. Shall not increase or exacerbate a non-conformity with these standards.
b. Standards.
i. Street Frontage. Outdoor vehicle display is permitted only along Shattuck Avenue and Adeline Street and is limited to 30 percent of the lot frontage on those streets.
ii. Area for Outdoor Uses. A maximum of 40 percent of the lot area may be used for outdoor uses, including but not limited to vehicle display and storage. Adequate landscaping and/or fencing shall be used to filter the view of outdoor uses from the adjacent right-of-way and abutting properties, with the exception of outdoor vehicle display; iii. Service Entries. Vehicle and repair service entries may not exceed 20 percent of the primary lot frontage, no entrance may exceed a width of 20 feet. The primary street frontage is the frontage towards which the primary building entrance is oriented.
iv. Transparency. At least 60 percent of any new building shall be within 10 feet of the right-of-way along the primary street frontage and 60 percent of the street-facing facade shall be comprised of clear glass. v. Repair Activities. All vehicle repair activities shall be conducted indoors.
vi. Noise. All noise-generating equipment and activities, such as vehicle repair, shall be shielded by noise-attenuating materials. Outdoor amplification is not permitted.
vii. Lighting. Exterior light standards and fixtures shall not be taller than 20 feet, shall achieve uniform light coverage and minimize glare, shall use light cutoffs to control light spillover onto adjacent properties and urban sky glow, and shall use low energy light fixtures consistent with the City’s goals for energy efficiency.

11 vii. Vehicle Storage. No vehicles shall be stored in the public right-of-way. c. Modification of Standards. The Zoning Officer may allow modification to standards in Paragraph c (Standards) above with an AUP upon finding that the modification:
i. Is necessary to facilitate incorporation of an existing structure; ii. Achieve greater consistency with the surrounding street pattern; iii. Buffers impacts to an adjacent residential district; or iv. Is needed to accommodate dealership operations.

Section 7. That Table 23.204-28 C-SA Maximum Building Heights and Figure

23.204-3 C-SA Building Height Sub-Areas be amended to read:

Table 23.204-28. C-SA Maximum Building Heights
Maximum Height
Building Land Use Subarea 1One Subarea 2All other
parcels
Non-Residential Uses 36 ft and 3 stories 24 ft and 2 stories Mixed Use and Residential
Only
60 ft and 5 stories [1] 36 ft and 3 stories
[1]
[1] In mixed-use buildings, the third story and above must be used for residential purposes entirely.

Commented [HJ10]: TECHNICAL CHANGE to C-SA:

Some C-SA parcels are not included in the C-SA Maximum
Building Heights Table

12 Figure 23.204-3. C-SA Building Height Sub-Areasarea One

13 Section 8. That Berkeley Municipal Code 23.204.110(B) be amended to read:

B. Allowed Land Uses.

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

2. Bar/Cocktail Lounge/Taverns. Service of distilled alcoholic beverages in the C-T district is allowed only when incidental to seated food service.

3. Drug Paraphrenalia Stores. Any use involving the sale or distribution of drug paraphrenalia is not permitted in the C-T district.

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

53. Residential Use, Ground Floor. Residential uses are permitted on the ground floor where located behind a commercial use. The ground floor commercial use most meet the following standards:
a. Occupy a minimum 30-foot depth of the ground floor, as measured from the ground floor street frontage, and
b. Occupy the full extent of the building frontage, excluding required utilities, driveways, pedestrian access and residential lobby.

64. Office Uses.
a. Table 23.204-31 shows permits required for office uses in the C-T district.

TABLE 23.204-31: C-T OFFICE PERMIT REQUIREMENTS
Permit Required
Building Location First and Second Story Above Second Story Adjacent to Bancroft
Way AUP
Not adjacent to
Bancroft Way
As required by
Table 23.204-1
UP(PH)
b. When office uses are located on the ground floor adjacent to street frontage, the storefront windows must either:
i. Include a window display; or
Commented [HJ11]: 10. Seated Food Service Requirement

14. Drug Paraphernalia in C-T District

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

75. Upper Story Uses.
a. Floor area above the ground floor may be occupied only by a residential or office uses.
b. A commercial use that is an integral part of a ground floor establishment is permitted on the second story if the use:
i. Has no entrances or exits, other than required fire exits, outside of the ground floor space; and
ii. Does not exceed the ground-floor area of the use.

Section 9. That Berkeley Municipal Code 23.204.120(A)(2)(e) be amended to read:
e. Encourage location of late nightlate-night commerce in appropriate areas in Berkeley, such as the downtown area, and allow businesses to address demand for late night service on Solano Avenue by establishing a 11:00 p.m12:00 midnight. closing time for businesses on Solano Avenue; and Section 10. That Berkeley Municipal Code 23.204.130(D)(3) be amended to read:

3. Use Limitations; Findings. Food service establishments and offices Offices on the ground floor adjacent to a street frontage require an AUP. To approve the AUP, the Zoning Officer must find that
a. The project meets the purposes of the Arts Overlay District as set forth above; and
b. The location, size, type, appearance, and signage of the proposed use will:
i. Animate and enhance the pedestrian experience on the street; and ii. Be generally open to the public evenings and on weekends, whenever practicable.

Section 11. That Berkeley Municipal Code 23.204.130(E)(7)(a)(iv) be amended to read:
iv. Gym/Health and Fitness Facility Club
Commented [HJ12]: 5. Hours of Operation
Commented [HJ13]: 11. Food Service Establishments
3,000 sq. ft. or less
Commented [HJ14]: 1. Group Class Instruction

15 Section 12. That Berkeley Municipal Code 23.204.150(B)(3)(b) be amended to read:
b. Active Commercial Uses Defined. Active Commercial uses are commercial uses which generate regular and frequent foot traffic. Uses include businesses in the following use categories: Retail Retail Uses Sales; Personal and Household Services Uses; Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses; and the following uses: Banks and Financial Services, Retail;, and Vehicle Parts Stores.

Section 13. That the lines named “Family Day Care Home, Large,” “Family Day Cre Home, Small,” “Bar/Cocktail Lounge/Tavern,” “Dance/Exercise/Martial Arts/Music Studio, “Food Service Establishment,” “Group Class Instruction,” “Gym/Health Club,” and “Food and Beverage for Immediate Consumption,” in Table 23.206-1 Allowed Uses in Manufacturing Districts, within Berkeley Municipal Code 23.206.020, are amended, and lines named “Food Service Establishment, Under 5,000 sq. ft.” “Food Service Establishment, 5,000 sq. ft. or larger,” “Food Service Establishment, Under 20,000 sq. ft.” “Food Service Establishment, 20,000 sq. ft. or larger” “Live Entertainment, Unamplified” and :Live Entertainment, Amplified” are added, to read:

TABLE 23.206-1: ALLOWED LAND USES IN MANUFACTURING DISTRICTS

MANUFACTURING DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an asterisk
following the permit requirement
(e.g., ZC*)
Family Day Care Home, Large NP NP ZC* AUP* 23.206.040.C Family Day Care Home, Small NP NP ZC* ZC* 23.206.040.C
Bar/Cocktail Lounge/Tavern/Tap
Room/Wine Tasting
NP NP NP See 23.306
Dance/Exercise/Martial Arts/Music
Studio

NP NP -- UP(PH)
Food Service Establishment See 23.302.070.E
Food Service Establishment,
Under 5,000 sq. ft
-- -- AUP* AUP* 23.302.070(E)
Food Service Establishment,
5,000 sq. ft. larger
-- -- UP(PH)* UP(PH)* 23.302.070(E)
Group Class Instruction NPZC NPZC __ UP(PH)ZC
Commented [HJ15]: TECHNICAL CHANGE to
correct proper use category titles.

Commented [HJ16]: 1. Group Class Instruction

3. Stand-Alone Beer and Wine

9. Live Entertainment

13. Incidental Food Service Requirements
XX. Technical change for Family Day Care Home

16 MANUFACTURING DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an asterisk
following the permit requirement
(e.g., ZC*)
Gym/Health and Fitness Facility
Club

NP NP -- NP
Incidental Uses
Food and Beverage for Immediate
Consumption
-- AUP [2] -- --
Food Service Establishment AUP [2] -- AUP [2] AUP
Food Service Establishment,
Under 20,000 sq. ft
AUP* AUP* AUP* AUP* 23.302.070(E)
Food Service Establishment,
20,000 sq. ft. larger
NP AUP* NP AUP* 23.302.070(E)
Live Entertainment NP NP UP(PH)* UP(PH)* 23.302.020(D)
Live Entertainment, Unamplified NP NP ZC ZC
Live Entertainment, Amplified NP NP AUP AUP
Section 14. That Berkeley Municipal Code 23.302.020(B) be amended to read:

B. Hours of Operation.

1. Allowed Hours. Table 23.302-1: Allowed Hours of Operation shows allowed hours of operation for commercial uses in the commercial districts and the MU-R district, unless otherwise restricted by an existing permit.

2. Hours of Operation Defined.
a. For retail or customer-serving office commercial uses, hours of operation are those times that the business is open to customer access. b. For food service establishments, hours of operation include the time that the business is open for customer access to the departure of the last patron.

These limitations do not apply to:
i. The delivery, maintenance, security, product preparation and other pre-opening activities, and
Commented [HJ17]: Instead of using a table in section

23.302.070, we made two new land uses here, for ease of use.

Cutting the reference and the table simplifies the code.

Commented [HJ18]: 5. Hours of Operation
Commented [HJ19]: Not new language; existing language
that has been relocated

17 ii. Cleanup, shutdown, and other post-closure activities which do not involve presence of customers.
a. For other commercial and manufacturing uses which do not involve customer access, hours of operation are those times that employees are present who are engaged in non-maintenance or security activities.
c.

2.3. Exceptions. The City may allow extended hours of operations with the approval of a permit as shown in Table 23.302-1. If more restrictive hours of operation than what is permitted in Table 23.302-1 are imposed as a condition of approval on an existing AUP or UP, the hours may be modified within the district's current limits with approval of an AUP regardless of the original review authority.

Table 23.302-1: Allowed Hours of Operation

DISTRICT ALLOWED HOURS OF OPERATION
PERMIT

REQUIRED TO

EXTEND HOURS

C-C, C-U, C-NS, C-AC,
C-W nodes
7:00 a.m. – 12:00 midnight
6:00 a.m. – 2:00 a.m. AUP

C-N, C-E, C-NS, C-SO,
C-SA, C-W outside
nodes, MU-R
7:00 a.m. – 11:00 p.m.
6:00 a.m. – 12:00 midnight UPAUP
C-W nodes 6:00 a.m. – 12:00 midnight with Zoning
Certificate UP
C-SA
7:00 a.m. – 12:00 midnight Sundays
through Thursdays
7:00 a.m. – 12:00 Fridays and Saturday UP
C-AC
7:00 a.m. – 12:00 midnight Sundays
through Thursdays
7:00 a.m. – 2:00 a.m. Fridays and Saturday
UP
C-T, C-DMU between
Bancroft Way and the
north side of Dwight
Way
24 hours per day 7 days a week N/A
C-T between the south
side of Dwight Way and
Parker Street
7:00 a.m. – 12:00 midnight AUP
C-DMU 6:00 a.m. and 2:00 a.m. AUP
MU-R 6:00 a.m. and 10:00 p.m. AUP

18 24. Alcohol Sales in C-T District. A Use Permit is required in the C-T district for a business selling alcohol for off-site consumption to remain open past midnight. The Use Permit may be approved only if the business’s ABC license does not require sales of alcohol for off-site consumption to cease by midnight. The Zoning Adjustments Board (ZAB) may approve the Use Permit only upon finding that the extended hours will not generate excessive noise, traffic or parking problems affecting the well-being of the residents of the district.

3. C-T District Findings. The Zoning Officer may approve an AUP to extend hours of operation in the C-T district upon finding that the extended hours will not generate excessive noise, traffic, or parking problems affecting the well-being of the residents of the district.

4. Hours of Operation Defined.
a. For retail or customer-serving office commercial uses, hours of operation are those times that the business is open to customer access. b. For food service establishments, hours of operation include the time that the business is open for customer access to the departure of the last patron.

These limitations do not apply to:
i. The delivery, maintenance, security, product preparation and other pre- opening activities, and
ii. Cleanup, shutdown, and other post-closure activities which do not involve presence of customers.

For other commercial and manufacturing uses which do not involve customer access, hours of operation are those times that employees are present who are engaged in non-maintenance or security activities.

Section 15. That Berkeley Municipal Code 23.302.020(D) be removed and that Berkeley Municipal Code 23.302.020(E) be amended to read:

D. Live Entertainment -- Permits Required. Live entertainment incidental to a permitted use is allowed as shown in Table 23.302-2.

Table 23.302-2: Permit Requirements for Live Entertainment

PERMIT REQUIRED

ZONES AMPLIFIED UNAMPLIFIED

C-C, C-U, C-SA, C-T, C-SO, C-DMU, C-AC AUP ZC

C-N, C-NS, C-W UP(PH) ZC
Commented [HJ20]: This definition is moved up to the
beginning of the section
Commented [HJ21]: 9. Live Entertainment.

Commented [HJ22]: Permit levels now moved to
Commercial and Manufacturing Use Tables (one row for each of amplified and unamplified)

19 PERMIT REQUIRED

ZONES AMPLIFIED UNAMPLIFIED
C-E Not Permitted ZC
M, MM Not Permitted Not Permitted

MU-LI, MU-R UP(PH) UP(PH)

1. Allowed Activities.
a. In the S-O district, food service establishments may have no live entertainment other than unamplified music, poetry reading, comedy or other quiet activities.
b. In the C-NS district, food service establishments may have no live entertainment other than unamplified background music, unless a Use Permit is obtained.

ED. Outdoor Uses.

1. Applicability. This subsection applies to outdoor uses including but not limited to exterior service windows, outside automatic teller machines, and the outside storage of goods, containers and/or materials.

2. General. Commercial and manufacturing uses shall be conducted solely within an interior of a building unless:
a. The permit as required by Paragraph 3 (Permits Required) is obtained; or b. the outdoor use is specifically allowed by the Zoning Ordinance.

3. Permits Required. Table 23.302-2 Permit Requirements for Outdoor Uses shows permits required for uses outside of a building in the Commercial and Manufacturing Districts.

3. Table 23.302-3: Permit Requirements for Outdoor Uses shows permits required for uses outside of a building in the Commercial and Manufacturing Districts.

TABLE 23.302-32: PERMIT REQUIREMENTS FOR OUTDOOR USES
DISTRICT/USE CHARACTERISTICS [1] PERMIT

REQUIRED
All Commercial Districts Except for C-W
Not abutting a residential district AUP
Abutting a residential district UP(PH)

20 C-W
Not abutting a residential district and less than 10,000 s. ft. AUP Abutting a residential district UP(PH)
10,000 sq. ft. or more UP(PH)
M, MM [2]
Less than 20,000 sq. ft. ZC
20,000 sq. ft. or more AUP
MU-LI
Less than 20,000 sq. ft. ZC
20,000 to 30,000 sq. ft. AUP
More than 30,000 sq. ft. UP(PH)
MU-R
Not abutting a residential district AUP
Abutting a residential district UP(PH)
Notes:
[1] Size is measured as the lot area of the outdoor activity or storage [2] In the M and MM district permits are required only for activity or storage not ancillary to a permitted use.

54. C-W District. In the C-W district, uses outside of a building must be permitted or incidental to permitted use in the district.

65. M, MM, MU-LI Districts. Outside uses in the M, MM, and MU-LI districts may not abut a residential district.

Section 16. That Berkeley Municipal Code 23.302.070(E) be amended to read:

E. Food Service Establishments.

1. Maximum Size in R-SMU. Food service establishments in the R-SMU district may not exceed 1,200 square feet.

2. Permits Required in Commercial Districts and in the R-BMU. 6 shows permits required for food service establishments in the commercial districts and in the R-BMU.

Table 23.302-6: Permit Requirements for Food Service Establishments Commented [HJ23]: 10. Seated Food Service
Requirements

11. Food Service Establishments 3,000 sq. ft. or less

13. Incidental Food Service Establishments
Commented [HJ24]: These requirements amended and
moved to Residential and Commercial Allowed Use tables (see Sections 1 and 3, above)

21 DISTRICT/USE SIZE PERMIT

REQUIRED

C-C, C-U, C-T, C-W
Under 1,500 sq. ft ZC
1,500 sq. ft. or more AUP

C-N, C-NS, C-SA, C-SO
Under 1,000 sq. ft ZC
1,000 sq. ft. or more AUP
C-AC, South Shattuck and North Adeline Subareas
3,000 sq ft or less ZC
Over 3,000 sq ft AUP
C-AC, South Adeline Subarea
1,500 sq ft or less ZC
Over 1,500 sq ft AUP
R-BMU, North Berkeley BART Station UP(PH)
C-E AUP [1]
C-DMU
Under 3,000 sq. ft outside the Arts District Overlay ZC 3,000 sq. ft. or more AUP
Any size within the Arts District Overlay AUP [2]
Notes:
[10] All food service uses in the C-E district require an AUP and may not be considered as an incidental use except when accessory to a food product store. [11] See 23.204.130.D.3 for required findings.

3. Notification of Decision. Food service establishments requiring an AUP in the C-N, C-E, C-NS, C-SA, C-T, C-SO districts must provide public notification of decision (NOD) within a 300-foot radius of the subject property.

4. Carry Out Limitations in C-U District. Food service establishments in the C-U district that exclusively sell food for offsite consumption are not permitted at any location on University Avenue between Oxford Street and Martin Luther King Jr.

Way until a Downtown Retail Plan is adopted by the City Council.

5.1. Outdoor Cafe Seating.

22 a. Outdoor cafe seating on private property outside of the public right-of-way is allowed in the commercial districts with the following permits:
i. Zoning Certificate when seating does not abut a residential district. ii. AUP when seating abuts a residential district.
b. Outdoor seating is not permitted for food service establishments in the MU-LI District.
c.b. Sidewalk cafe seating within the public right-of-way is subject to

23.302.060 (Sidewalk Cafe Seating).

6.2. Building Openings – C-E and C-NS Districts. Food service establishments in the C-E and C-NS districts may have no openings, other than fixed windows and required fire exits, within 50 feet of a residential district.

7.3. C-W District Requirements.
a. Food service drive-through is not permitted on properties fronting San Pablo Avenue.
b. To approve a Use Permit for a food service establishment on a lot with frontage on San Pablo Avenue, the ZAB must find that:
i. The project does not conflict with the goals and policies of the C-W district;
ii. The location, size, appearance and signage of the project will not adversely affect the San Pablo Avenue corridor;
iii. The project supports pedestrian-oriented development; iv. The project is designed to protect the residential character of surrounding neighborhoods from the adverse impacts of fast food development, including, but not limited to increased traffic, litter, and noise; and
v. For projects which include construction of new buildings, the project design:

1. Provides intensity of development which does not underutilize the property; especially at or near intersections of major streets;

2. Provides pedestrian scale and siting; and

3. Incorporates continuity in street facades.

8. Permits Required in Manufacturing Districts. Table 23.3028 shows permits required for food service establishments in the manufacturing districts.

Commented [HJ25]: These requirements amended and
moved to Manufacturing District Use table (see Section 13, above)

23 TABLE 23.302-7: PERMIT REQUIREMENTS FOR FOOD SERVICE ESTABLISHMENTS IN

MANUFACTURING DISTRICTS

DISTRICT

USE TYPE AND SIZE

M MM MU-LI MU-R
Incidental Use
Under 20,000 sq. ft. AUP [1] AUP
[1,2] AUP [1] AUP [1]
20,000 sq. ft. or more - - - AUP
Carry Out Food Service (Primary Use)
Under 5,000 sq. ft. - - AUP AUP
5,000 sq. ft. or more - - UP UP
Quick Service Restaurant (Primary Use)
Under 5,000 sq. ft. - - AUP AUP
5,000 sq. ft. or more - - UP UP
Full-Service Restaurant (Primary Use) - - UP UP
Notes:
[12] Outdoor food service is not permitted.
[13] Limited to food or beverage for immediate consumption.

9.4.MU-LI and MU-R District – Findings.
a. To approve an AUP or Use Permit to establish or expand a food service establishment in the MU-LI or MU-R district, the review authority must find that the establishment of the use, given its size, location, physical appearance and other relevant characteristics, will not have a significant detrimental impact on the industrial character of the area.
b. To approve an AUP for a food service establishment less than 5,000 square feet, the Zoning Officer must find that a substantial portion of the food consists of goods manufactured on site.

Section 17. That Berkeley Municipal Code 23.302.070(G) and (H) be amended to read:

G. Parking Lot/Structure.

1. Permits Required.

Commented [HJ26]: TECHNCAL EDITS to correct
numbering

24 2.1. Permits Required. Table 23.302-9 7 shows required permits for the exclusive or primary use of a lot for off-street parking spaces.

TABLE 23.302-97: PERMIT REQUIREMENTS FOR PARKING LOTS/STRUCTURES

DISTRICT PERMIT REQUIRED
Residential Districts
R-3 Use Permit for all parking lots and structures. [1]

R-S, R-SMU, R-
BMU
Use Permit for parking structures only. Parking lots are not permitted, except on lots between Acton Street and Virginia Gardens and between Peralta Avenue and Northside Avenue in the R-BMU.

All other
residential
districts
Use Permit for all parking lots and structures.

Commercial Districts
C-C, C-U Zoning Certificate for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-SO AUP for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-DMU AUP for parking lots with 8 spaces or fewer. Use Permit for all parking structures. Lots with more than 8 spaces not permitted.

C-N, C-E, C-
NS, C-SA Use Permit for all parking lots and structures.

C-T Use Permit for all parking structures. All parking lots not permitted.

C-W AUP for parking lots and structures with 10 spaces or fewer. Use Permit for parking lots and structures with more than 10 spaces.

Manufacturing Districts
M, MM
AUP for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-LI
Zoning Certificate for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. AUP for parking lots and structures with 11 spaces or more exclusively for uses in the district.

Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-R
Zoning Certificate for parking lots and structures exclusively for uses in the district. Use Permit for parking lots and structures not exclusively for uses in the district.

25 Notes:
[14][1] Parking lots and structures in the R-3 district are not permitted within the Southside Plan area

3.2.Residential District Standards. See 23.322.110– Parking Lots in Residential Districts for standards that apply to the exclusive or primary use of a lot for off- street parking spaces in a residential district.

H. Residential Use, Ground-Floor Units.

1. Southside Plan Area. In the R-3, R-S, R-SMU, and C-T districts within the Southside Plan boundaries, individual unit entries located within six feet of the front property line shall be at least 18 inches above the finished grade of the adjacent public frontage.

I. Senior Congregate Housing. Table 23.302-10 8 shows permits required for senior congregate housing.

TABLE 23.302-108: PERMIT REQUIREMENTS FOR SENIOR CONGREGATE HOUSING

PROJECT PERMIT REQUIRED
Change of use from an existing dwelling unit to accommodate six or fewer people ZC
Change of use from an existing dwelling unit to accommodate seven or more people AUP
New construction to accommodate any number of people UP(PH) Section 18. That Berkeley Municipal Code 23.310.020 be amended to read:

A. Applicability.

1. This section applies to any application to begin or increase alcoholic beverage sales or service, excluding beer and winealcoholic beverage service incidental to a food service establishment in a Commercial District (see 23.310.030 (Alcoholic Beverage Service When Incidental to a Food Service)).

2. As used in this section, an increase in alcoholic beverage sales or service includes, but is not limited to:
a. Adding the sales or service of distilled spirits to any existing sales or service of beer and/or wine;
b. Extending the hours of operation of any establishment that sells or serves any alcoholic beverage; and
Commented [HJ27]: 4. Alcoholic Beverage Sales Standards

26 c. Adding to the capacity, floor area, or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages.

3. An increase in alcoholic beverage sales or service does not include extending the hours of operation of any food service establishments with incidental beer and/or wine service.

B. Permit Required. A Use Permit is required to begin or increase alcoholic beverage sales or service in any way.

1. An Administrative Use Permit is required to begin service of alcoholic beverages, except as provided in 23.310.030 (Alcoholic Beverage Service When Incidental to Food Service).

1.2. To increase sales and service of alcoholic beverages, an existing Administrative Use Permit or Use Permit may be modified with an AUP regardless of the original review authority.

C. Application – List of Nearby Establishments. As part of an application to begin or increase alcoholic beverage sales or service, the applicant must provide a list of all establishments within a 1,000-foot radius which are in the same category of alcoholic beverage sales or service, as defined by the California Department of Alcoholic Beverage Control.

DC. Findings of Public Convenience or Necessity. To approve a permit for alcoholic beverage sales or service, the decision-making body must make the following findings: If the proposed use is within a 1,000-foot radius of the site of a use that is in the same category of alcoholic beverage sales or service, excluding food service establishments with incidental service of beer and/or wine, the Zoning Adjustments Board (ZAB) may approve the application

1. The number of alcoholic beverage sales licensees in the census tract does not exceed the limit set by the Department of Alcoholic Beverage Control, as defined in California Business and Professions Code Section 23958.4, excluding Food Service Establishments with incidental alcohol service; and

1.2. At least one of the following:only if it makes all of the following findings:
a. The proposed establishment will promote the City’s economic health, contribute to General Plan or area plan policies, or further the district purpose. b. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales or service. b. c. T he applicant has operated a licensed establishment that has not been the subject of violations regarding alcohol in the State of California, or violations of public safety or nuisance statutes or regulations in Berkeley. as verified by the Police Department, such violations do not indicate a high likelihood of

27 further violations and/or detrimental impacts from the proposed establishment. In making this finding, the ZAB decision-making body may consider the number, frequency, and severity of prior violations, the time elapsed since the last violation, and other relevant factors.

4. If the proposed establishment is within 1,000 feet of any public park or public school, the ZAB has taken into consideration the effect of the proposed establishment upon such sensitive public uses.

3. If the number of alcoholic beverage sales licenses in the census tract exceeds the limit set by the Department of Alcoholic Beverage Control; the decision- making body must find that the public convenience or necessity would be served by approving alcohol sales at the proposed location for any two or more of the following reasons:
a. The proposed establishment will promote the City’s economic health, contribute to General Plan or area plan policies, or further the purposes of the district.
b. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales or service. c. The sale of alcoholic beverages will enhance recreational or entertainment opportunities in the area.
d. The sale of alcoholic beverages complements the sale of other goods and merchandise at the location.
e. The issuance of a license at the proposed location will improve the convenience of area residents and visitors who purchase alcoholic beverages.

4. The Police Department has reported that the proposed establishment would not be expected to add to crime in the area.

Section 19. That Berkeley Municipal Code 23.310.030 be amended to read:

A. Permits Required. Table 23.310-1 shows permits required for alcoholic beverage service when incidental to a food service establishment. If more restrictive requirements than what is permitted in Table 23.310-1 are imposed as a condition of approval on an existing AUP or UP, the use may be modified with an AUP regardless of the original review authority.

Table 23.310-1: Permits Required for Alcoholic Beverage Service Commented [HJ28]: 2. Incidental Distilled Spirits

4. Alcoholic Beverage Sales Standards

10. Seated Food Service Requirement

15. Third Party Rental

28 Permit Required Based on
Type of Beverages Served When Incidental to Food
Service
District Beer and Wine Distilled Spirits

R-SMU UP(PH) UP(PH)

R-BMU ZC UP (PH)
All Commercial
Districts, except C-AC
and the R-BMU
District

ZC UP(PH) AUP

C-AC ZC AUP

MU-LI, MU-R UP(PH) AUP UP(PH) AUP
B. Use Limitations.

1. R-SMU District. In the R-SMU district, alcoholic beverage service is allowed only for full-service restaurants. Alcoholic beverage service is not allowed for carry out food stores and quick-service restaurants.

2. Commercial Districts. In Commercial Districts, beer and wine service is allowed by right when for on-site consumption with seated food service.

3. C-NS and R-BMU Districts. In the C-NS district, distilled spirit service is allowed only for full-service restaurants. Distilled spirit service is not allowed for carry out food stores and quick-service restaurants.

4. C-T and C-SO Districts. In the C-T and C-SO districts, distilled spirit service is allowed only for on-site consumption with seated food service.

5. C-AC District. In the C-AC district, distilled spirit service is allowed along Adeline Street south of Ashby Avenue only for on-site consumption with seated food service.

CB. Incidental Beer and Wine Service Standards. The following standards apply to beer and wine service incidental to a food service establishment. in a Commercial District.

1. Licensing.
a. The food service establishment shall comply with all applicable regulations of the California Department of Alcoholic Beverage Control. b. An operator of the licensed establishment may not have a prior licensed establishment that was the subject of verified complaints or violations

29 regarding alcohol, public safety, or nuisance statutes or regulations before issuance or transfer of a business license at this location.

2. Service.
a. Beer and wine beverage service shall be incidental to the primary food service use.
b. Beer and wine service incidental to seated food service shall only be allowed at a bona fide eating place making actual and substantial sales of meals as determined and required by the California Department of Alcoholic Beverage Control.
c. The sale of beer and wine for off-site consumption is not permitted. d. Employees may not serve beer or wine to patrons who appear to be inebriated or otherwise unable to behave in an orderly manner upon consuming alcohol.
e. All beer and wine served to patrons must be served in durable restaurant tableware. Beer or wine may not be distributed in its original bottle or can, or in any other potentially disposable container.
f. There shall be no bar or lounge area upon the licensed premises maintained for the sole purpose of sales, service, or consumption of alcoholic beverages directly to patrons for consumption.
g.d. Hours of operation are subject to review and amendment by the review authority Zoning Officer or the ZAB as necessary to avoid detriment to the neighborhood or to achieve conformance with revised City of Berkeley standards or policies.

3. Operation.
a. The food service establishment must operate at least five days a week. b. The service of beer and wine shall be limited to normal meal hours (per California Department of Alcoholic Beverage Control) during the food service establishment’s hours of operation.
c. During operating the food service establishment’s hours of operation, 100 percent of the serviceall public areas shall be designed and usedavailable for meal service and the food service establishment must possess the necessary utensils, and condiment dispensers with which to serve meals to the public. d. At no time shall the operator rent the restaurant space to a third-party. e.d. The owner or operator of the establishment shall take reasonable measures to prevent disturbances by patrons in the immediate vicinity. Such measures shall include:

30 i. Signs reminding patrons of nearby residences and requests not to congregate or loiter near such residences nor operate vehicles in a noisy manner on residential streets; and
ii. Surveillance to public areas near the establishment, keeping public areas free of trash and litter, providing lighting, and otherwise preventing conduct that might disturb the peace and quiet of residences in the vicinity.
f.e.The operator shall assume reasonable responsibility for ensuring that patrons do not block the entrance or interfere with pedestrian activity on the adjacent public sidewalk.
g.f.The applicant shall establish cash handling procedures to reduce the likelihood of robberies and theft.

4. Advertising.
a. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior constitute a violation of this requirement. Establishments shall comply with Municipal Code Chapter 20.67 (Alcohol Product Advertising)
b. Alcohol-dispensing facilities and signs advertising alcoholic beverages may not be visible from the public right-of-way.

5. Training.
a. The operator shall finish a Crime Prevention through Environmental Design (CPTED) survey before beginning alcohol service.
b. All employees selling and/or serving beer and wine, or directly supervising such sales and/or service, shall comply with Municipal Code Section 9.84.030 (Responsible Beverage Service Training) and finish the Licensee Education on Alcohol and Drugs (LEAD) program, or another equivalent program offered or certified by the California Department of Alcoholic Beverage Control within 90 days of employment at the establishment. Employees who have finished the course within the last 12 months are exempt from this requirement.

Section 20. That Berkeley Municipal Code 23.324.040(B)(2)(b) be amended to read:
b. Uses with Major Investments. Lawful nonconforming full or quick service restaurantsfood services establishments with cooking or food preparation facilities, gas/auto fuel stations, theaters, manufacturing plants with specifically designed fixed facilities and other uses which represent a major Commented [HJ29]: TECHNICAL EDIT: “full or quick
service restaurants” no longer exist as a use type (see Section 25 below)

31 investment in physical plant or facilities shall not be considered or declared terminated, regardless of the duration of non-use, unless:
i. Such fixed structures, equipment, or facilities are removed; or ii. Other uses could not be established without major removal of or extensive remodeling or replacement of structures associated with the previous established use.

Section 21. That Berkeley Municipal Code 23.502.020(B)(4) be amended to read:

4. Bar/Cocktail Lounge/Tavern/Tap Room/Wine Tasting. A business devoted to serving alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.

Section 22. That Berkeley Municipal Code 23.502.020(D) be amended to read:

D. “D” Terms.

1. Dance/Exercise/Martial Arts/Music Studio. An establishment in which customers assemble for group exercises, dancing, self-defense training, aerobics, choral or musical instrument instruction, other movement drills for learning, rehearsal or non-audience performances.

2.1. Deck. An unenclosed structure, usually made of wood, built to provide a solid continuous surface for outdoor use and/or access to a door, which is accessible from the ground level, directly or from a connecting stairway and is separated from the ground by an air space.

3.2. Demolition. A building or enclosed structure shall be considered demolished for the purposes of this chapter when, within any continuous 12- month period, such building or enclosed structure is destroyed in whole or in part or is relocated from one lot to another. For purposes of this definition, destroyed in part means when 50 percent or more of the enclosing exterior walls and 50 percent or more of the roof are removed. Removal of facades or portions of facades requires Design Review.

4.3. Density. See 23.106.100 – Residential Density

5.4. Density Bonus. See 23.332.020 (Definitions).

6.5. Department. The Planning and Development Department of the City of Berkeley or its successor administrative unit.

Commented [HJ30]: 3. Stand-Alone Beer and Wine
Commented [HJ31]: 1. Group Class Instruction

32 7.6. Department Store. A retail store selling several kinds of merchandise, which are usually grouped into separate sections, including but not limited to, apparel, housewares, household hardware, household appliances, household electronics and gifts.

8.7. Dormer. A projection built out from a sloping roof, usually housing a vertical window or ventilating louver. See also 23.304.110 (Dormers).

9.8. Dormitory. A building providing group living accommodations, occupied by individuals not sharing a common household, characterized by separate sleeping rooms without individual kitchen facilities and containing congregate bath and/or dining facilities or rooms.

10.9. Drive-in Uses. A use where a customer is permitted or encouraged, either by the design of physical facilities or by the service and/or packaging procedures offered, to be served while remaining seated within an automobile. This use includes drive-through food service establishments, financial services (banks), and automatic carwashes.

11.10. Driveway. A paved, vehicular accessway connecting an off-street parking space or parking lot with a public or private street.

12.11. Drug Paraphernalia. As defined in California Health and Safety Code Section 11364.5(d).

13.12. Drugstore. A retail establishment where the profession of pharmacy is practiced and/or where licensed prescription drugs and general merchandise are offered for sale. A food products store with a pharmacy is not a drugstore.

14.13. Dry Cleaning and Laundry Plants. A place where clothes are dry cleaned, dyed and/or laundered as part of a commercial business, whether or not such clothes were deposited by a customer at that location, or transported from another location, as part of a service. This use includes all establishments subject to Section 19233 of the State of California Business and Professions Code, regulating Dry Cleaning Plants, but excludes laundromats and cleaners as defined in this chapter.

15.14. Duplex. A building or use of a lot designed for, or occupied exclusively by, two households.

16.15. Dwelling Unit. A building or portion of a building designed for, or occupied exclusively by, persons living as one household.

Section 23. That Berkeley Municipal Code 23.502.020(F) (11) be amended to read: Commented [HJ32]: TECHNICAL EDIT: There are no longer any regulations pertaining to Carry Out Food Store, Quick Service Restaurant, or Full Service Restaurant; so, deleting definitions.

33 11.Food Service Establishments. An establishment which in whole or in part prepares food or beverages for immediate consumption on or off the premises. a. Carry Out Food Store: A store which serves food or non-alcoholic beverages for immediate consumption not on the premises, but usually in the vicinity of the store. This use is usually characterized as an establishment which serves food altered in texture and/or temperature on a customer- demand basis, puts such food in non-sealed packages or edible containers, requires payment for such food before consumption, and provides no seating or other physical accommodations for on- premises dining. Examples of this use include delicatessens and other stores without seating which sell doughnuts, croissants, ice cream, frozen yogurt, cookies, whole pizzas and sandwiches. This use excludes bakeries and food products stores. b. Quick Service Restaurant: An establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. This use is usually characterized as an establishment in which food is cooked on a customer-demand basis, payment is required before consumption, limited or no able service is provided (no waiters), and seating or other physical accommodations for on- premises customer dining is provided. Examples of this use include establishments selling primarily hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza slices, fried chicken, or fish and chips. c. Full-Service Restaurant: An establishment which serves food or beverages for immediate consumption primarily on the premises, with only a minor portion, if any, of the food being taken out of the establishment. This use is characterized as an establishment in which food is stored, cooked or prepared on the premises on a customer-demand basis, which requires payment after consumption, and provides seating and tables for on-premises customer dining, and may provide with table service (waiters).

Section 24. That Berkeley Municipal Code 23.502.020(G)(6) be amended to read:

6. Group Class Instruction. An establishment that offers specialized programs in personal growth, and development, and instruction in artistic, cultural, and academic pursuits, including music and choral schools, performing arts, arts and crafts, cooking, tutoring, martial arts and self-defense training. Excludes spaces designed exclusively for public performance. Includes music studios, drama schools, dance academies, art schools, tutoring schools, and instruction in other cultural and academic pursuits.

Section 25. That Berkeley Municipal Code 23.502.020(G)(9) be removed:

Commented [HJ33]: 1. Group Class Instruction
Commented [HJ34]: 1. Group Class Instruction

34 9. Gyms and Health Clubs. An indoor facility where exercise equipment, classes and related activities related to personal health and fitness are available to paying customers. Excludes parks/playgrounds.

Section 26. That Berkeley Municipal Code 23.502.020(H)(2) – (11) be amended to read:

2. Health and Fitness Facility. A facility where exercise equipment, swimming pools, group or aerobic classes (including yoga and Pilates) and other activities related to person health and fitness are available to customers or members.

Excludes park/playground.

23. Hedge. Any line or row of plants, trees or shrubs planted in a continuous line to form a dense thicket or barrier.

34. Height of Building, Average. See 23.106.090.A (Average Building Height).

45. Height of Building, Maximum. See 23.106.090.B (Maximum Building Height).

56. Home Occupation. A business use conducted on property developed with a residential use, which is incidental and secondary to the residential use, does not change the residential character of the residential use, is limited so as not to substantially reduce the residential use of the legally established dwelling, Accessory Dwelling Unit, Accessory Building or Group Living Accommodation room and is operated only by the residents of the subject residence.

There are three classification of Home Occupations. For the purposes of this section, a "customer" is considered a single paying customer, but may include more than one person receiving the services at the same time:
(1) Class I Home Occupation--Involves no more than five customer visits per day, with no more than four persons receiving services at a time. This class does not allow shipping of goods directly from the subject residence. (2) Class II Home Occupation--Involves no more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site.

This class does not allow shipping of goods directly from the subject residence.
(3) Class III Home Occupation--Involves more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site and/or involves shipping of goods directly from the subject residence.

Commented [HJ35]: 1. Group Class Instruction
Commented [HJ36]: New definition to replace
Gym/Health Club/Fitness Studio

35 67. Hospital. A facility for in-patient medical care licensed under California Administrative Code, Title 17, Section 237 or 238.

78. Hot Tub. A tub or small pool, usually made of wood or fiberglass, in which heated water is maintained for recreational or therapeutic activities, including, but not limited to, jacuzzis, whirlpools and spas.

89. Hotel, Residential. A type of group living accommodations which provides rooms for rent for residential purposes, including single residential occupancy (SRO) rooms.
910. Hotel, Tourist. A building with sleeping rooms used, designed, or intended for occupancy by transient guests for a period not to exceed 14 consecutive days.

This use includes inns, bed and breakfasts (B&Bs), and hostels, and excludes building with residential hotel rooms and dwelling units. 1011. Household. One or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and utilities, as well as maintaining a single lease or rental agreement for all members of the household and other similar characteristics indicative of a single household.
1112. Household Income, Gross. The income of all adult members of the household as determined by the guidelines used by the Berkeley Housing Authority for its administration of the Section 8 Rental Subsidy Program. For purposes of this definition, household is the same as Family in the federal Section 8 Existing Housing Program or its future equivalent. Classification of Households, based on income, shall be based on the following percentages of the Oakland Primary Metropolitan Statistical Area (PMSA) statistical figures for income of the most recent U.S. Census that are available:
(a) Low Income Household. A household whose gross income is greater than 80 percent and less than 100 percent of the median income. (b) Lower Income Household. A household whose income is no greater than 80 percent and above 50 percent of the median income.
(c) Very Low Income Household. A household whose gross income is 50 percent or less of the median income.

Section 27. That Berkeley Municipal Code 23.502.020(S)(31) be amended to read:

31. Studio. See Art/Craft Studio and Dance. Exercise, Martial Arts or Music Studio.

Commented [HJ37]: 1. Group Class Instruction

36 Section 28. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

ATTACHMENT 4

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

ZONING ORDINANCE AMENDMENTS TO SUPPORT BERKELEY

BUSINESS
The public may participate in this hearing by remote video or in-person.

The Department of Planning and Development is proposing amendments to the City’s Zoning Ordinance (Title 23) to establish a streamlined, cost-effective, and expedited review and approval process tailored to smaller businesses, while preserving the city’s commitment to public participation and ensuring that new uses are compatible with neighboring land uses. Proposed amendments affect the following sections of Title 23:
• 23.202.020 Allowed Land Uses (Residential Districts)
• 23.202.150 R-BMU Residential BART Mixed Use District
• 23.204.020 Allowed Land Uses (Commercial Districts)
• 23.204.040 Use-Specific Permit Requirements and Regulations • 23.204.080 C-E Elmwood Commercial District
• 23.204.100 C-SA South Area Commercial District
• 23.204.110 C-T Telegraph Avenue Commercial District
• 23.204.120 C-SO Solano Avenue Commercial District
• 23.204.130 C-DMU Downtown Mixed-Use District
• 23.204.150 C-AC Adeline Corridor Commercial District
• 23.206.020 Allowed Land Uses (Manufacturing Districts) • 23.302.020 Supplemental Use Regulations (Hours of Operation) • 23.302.070 Supplemental Use Regulations (Use-Specific Regulations) • 23.310.020 Alcoholic Beverage Sales and Service (General Alcohol Service Requirements)
• 23.310.030 Alcoholic Beverage Sales and Service (Incidental Alcohol Service Requirements)
• 23.324.040 Nonconforming Uses
• 23.502.020 Glossary
The hearing will be held on, February 27, 2024 at 6:00 pm in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of February 15, 2024. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

For further information, please contact Justin Horner, Associate Planner, at 510-981- 7476.

Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information.

Published: February 16, 2024 – The Berkeley Voice
Public Hearing required by BMC 23.412.050 and Govt Code 65853; notice provided according to Govt Code 65090 and BMC 23.404.040.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on February 15, 2024.
__________________________________
Mark Numainville, City Clerk

1 24-HOUR CITIES NETWORK GOVERNANCE WORKSHOP

INSIGHT REPORT
24-Hour Cities Network
governance workshop

INSIGHT REPORT
MAY 2022
citypossible
Pioneered by Mastercard
TM

2 24-HOUR CITIES NETWORK GOVERNANCE WORKSHOP

INSIGHT REPORT
4 Governance at night
7 Night-time governance case examples
New York
Collaborative governments for
c
reative solutions

M
elbourne
Activating advisors and building
k
nowledge partnerships
Montreal
Citizen organizations and
c
ivic engagement
14 D iscussion
18 Workshop participants
22 Helpful links
Contents

INSIGHT REPORT
Introduction
This report is the synthesis of insights drawn
from the Governance Workshop of the 24-Hour
Cities Network on April 28th, 2022. The 2-hour
workshop covered a wide variety of topics and
included presentations and discussions on how to
build effective city governance at night-time. This
report is divided into three main sections: framing
of governance at night for the discussion, insights
from the main case studies presented, and
insights from the group discussion that followed.
324-HOUR CITIES NETWORK GOVERNANCE WORKSHOP

4 24-HOUR CITIES NETWORK GOVERNANCE WORKSHOP

INTRODUCTION
Governance at night
Presentation by Andreina Seijas, Resident Expert
Urban governance is the process through which different actors in the public and private sectors collaborate to manage cities. When brought into the context of running cities at night, this urban governance principle remains the same.

There is an increasingly large number of actors, organizations, and institutions in the space of all types, with many groups jostling to have their voices heard on how cities are planned and operated at night. Given the proliferation of actors, there is widespread confusion on who can and should do what, which can create resistance to addressing the topic in some cities. However, much of this can be dispelled by addressing three primary myths of night-time governance:

MYTH #1
Shorter nights = better nights
The first myth about governance at night-time is that efficient night-time management requires reducing the hours and restricting the locations of night-time activity. This includes actions like imposing curfews and lockdowns and restricting business operation hours. One way to counteract this myth is to highlight examples of cities that have expanded nightlife activity in a strategic way, such as the cities experimenting with the use of time-based licenses. Amsterdam, for example, uses 24-hour licenses that allow venues and establishments to open 24 hours. The city focused on distributing these licenses to neighborhoods outside its crowded city center to redistribute nightlife outside of its busy core. This spreads the benefits of night-time economic activity more widely while also limiting the negative impacts of such dense concentration.

5 24-HOUR CITIES NETWORK GOVERNANCE WORKSHOP

GOVERNANCE AT NIGHT
MYTH #2
More police means more safety
The second myth is that night-time governance means greater policing and surveillance. There are an ever-increasing number of institutions, mediators, volunteers, and neighborhood groups involved in managing the city at night. However, many cities still try to solve night-time safety issues by deploying more police and surveillance.

This need not be the case. Cities around the world have pioneering examples of non-police public safety organizations, such as Les Pierrots de La Nuit in Paris, the Soho Angels in Londons, and the Rembrandtplein Square Hosts in Amsterdam. These programs focus on shifting away from strict policing by decentralizing authority and creating different ways to engage with people at night to de-escalate violence.

MYTH #3
Night-time is party time
To many, the night is for leisure- lively concerts, fun restaurants, pulsing nightclubs, and rowdy bars. However, this is a very restrictive view of life at night- and requires us to look beyond leisure and entertainment and think of night-time as a time to work, connect with friends and family, and live every aspect of life. In 2016, Colombian think tank Corpovisinarios conducted a study in Cali, Colombia asking people what activity they do outside their homes after 8pm. Contrary to the conventional wisdom that this would be cultural or leisure activities like dancing or drinking, the number one activity cited as exercise- running, biking, and going to the gym. Thinking of the night-time solely in terms of partying takes away from the night’s vibrancy- and keeps decision-makers from formulating the best night-time governance strategies.

6 24-HOUR CITIES NETWORK GOVERNANCE WORKSHOP

GOVERNANCE AT NIGHT
Moving forward
Part of how we bust these myths and move toward more effective night- time governance is to treat cities at night as just as deserving of effective planning and management as cities during the day. In recent years as more and more cities have taken the topic more seriously, offices of official night mayors, unofficial night mayors, associations, commissions, and councils have proliferated around the world. As a result, a growing cast of actors is involved, and priorities shift based on location and the ecosystem involved. Unfortunately, there are limited resources to address these issues, which is why providing opportunities to collaborate between the public and private sectors, as well as academia and civil society, is becoming increasingly important.

As night-time governance continues to develop, It is crucial to test the feasibility or the applicability of new solutions and find avenues for them to become a reality. Additionally, other considerations should undergird all night-time governance solutions. Sustainability, for example, continues to be a vital point of discussion. Decision-makers must focus on how we can make night-time ecosystem environments safer, more inclusive, more economically sustainable, and prosperous, with an eye toward adhering to the Sustainable Development Goals. It is important to acknowledge that there are regional differences and that they matter. We also need to ensure that night-time governance isn’t just a fleeting topic- but that it becomes a permanent fixture of how we govern cities.

7 24-HOUR CITIES NETWORK GOVERNANCE WORKSHOP

NIGHT-TIME GOVERNANCE
3 CASE EXAMPLES

NEW YORK
Collaborative governments
for creative solutions
Presentation by Ariel Palitz, Executive Director,
New York City Office of Nightlife
New York City’s Office of Nightlife is a non-enforcement liaison between the city and the nightlife industry created in 2017 through legislation introduced by Councilmember Rafael Espinal and signed by Mayor Bill de Blasio. The genesis was to provide a safe, trusted space for the industry to interact with the city rather than through law and regulation enforcement channels. The idea behind the founding of the office was to see nightlife as an asset rather than a liability and build a more holistic and respectful relationship between the city and the industry.

One of the first actions the office undertook after it was created was a five-borough listening tour to get broad feedback from across the nightlife industry. This included business owners, workers, performers, patrons, and residents. In addition to the Office of Nightlife, the New York State liquor authority and city police, fire, and health departments were invited to the tour to listen to residents as well. The office also held focus groups to do deep dives into key issues and then conducted a comprehensive economic impact study. They found that the industry had over 25,000 liquor-licensed establishments that accounted for $35.1 billion in economic activity and supported nearly 300,000 jobs in New York City. The combination of listening to real concerns, grievances and ideas coupled with a comprehensive economic impact study helped to provide the feedback that shaped the office’s agenda.

8 24-HOUR CITIES NETWORK GOVERNANCE WORKSHOP
This effort brought into focus the vastness of the industry and raised the question- How does the city create a framework to manage these issues? This led to the formation of a four-pillared agenda to set priorities for the office. These pillars were 1) Supporting business development and recovery, 2) Improving and addressing quality of life issues between venues and residents, 3) Promoting safety, equity, and harm reduction, and 4) Elevating and preserving nightlife culture.

From this, the office moved into action meant to address the holistic issues that were present pre-pandemic but have only grown in urgency since the worst of the pandemic has subsided. This began by developing MASH (multi-agency support for hospitality)- a dedicated multi- agency nightlife working group that meets every six weeks to discuss how agencies work with each other and with industry to improve self- correction, avoid redundancies, and identify systemic solutions while addressing individual issues. This group also provides a central point of contact with each agency to provide one-on-one case management for individual venues when they experience issues with key city and state agencies. Additionally, in response to accountability and transparency concerns of activists and venue operators, it also provides transparency reporting on M.A.R.C.H (multi-agency response to community hotspots) operations- a police department-led law enforcement program.

The office also created MEND (mediating establishment and neighborhood disputes) to improve the complaint-driven process of night-time quality-of-life law enforcement. With the current system, complaints calls are logged, and the police are dispatched in the early hours of the morning, leading to a situation where few of the underlying issues are resolved. MEND introduces a mediation process that can work with venues and residents to directly communicate and compromise.

MEND is run in partnership with the Center of Creative Conflict Resolution in the Office of Arbitration Trials and Hearings, which took the city judges in their mediation division and gave them a more public- facing role, allowing city residents to resolve quality of life issues without involving law enforcement.

The office has also focused on a harm reduction strategy for illicit drugs in partnership with the city Department of Health by providing free Narcan and naloxone kits and test strip training and access. The Narcan Behind Every Bar Campaign trains workers on how to use Narcan brings awareness to the issues involved, and dispels stigma. By bringing together the key groups involved, including the police, all stakeholders can work to address concerns and ensure that a life-saving harm reduction approach is being taken.

NIGHT-TIME GOVERNANCE
3 CASE EXAMPLES
“...How does the city
create a framework
to manage these
issues? This led to the
formation of a four-
pillared agenda to set
priorities for the office.

These pillars were 1)
Supporting business
development and
recovery, 2) Improving
and addressing quality
of life issues between
venues and residents,
3) Promoting safety,
equity, and harm
reduction, and
4) Elevating and
preserving nightlife
culture.”

9 24-HOUR CITIES NETWORK GOVERNANCE WORKSHOP
In addition to these large initiatives, there are plenty of solutions that may seem small but have the potential to hugely improve the governance of cities at night. This includes providing permits for temporary cultural events or repealing outdated laws that prohibit dancing at particular venues in certain parts of the city. Another small but mighty improvement is the standardization of the business application process for Community Boards. Community Boards are neighborhood-based advisory bodies in New York City that consult elected officials and government agencies on issues in a particular district and have a say in approving new liquor licenses. The Office of Nightlife is now working with the city’s elected officials to create a standard, business-friendly process to replace the different processes each of the 59 boards currently utilize.

As cities emerge from the pandemic, it is important for city governments to acknowledge how much the nightlife industry has been through in the last few years and how much collaboration and support is needed for this vital sector of the urban economy. If cities can govern nightlife as the essential part of the fabric of a city that it is, rather than a luxury, we can continue to build healthy, well-governed 24-hour cities. Government agencies that are ready and willing to collaborate within, outside of, and between governments to develop and implement creative, innovative solutions will allow their cities to reap the benefits of a robust night-time economy.
“If cities can govern
nightlife as the
essential part of
the fabric of a city
that it is, rather
than a luxury, we
can continue to build
healthy, well-governed
24-hour cities.”

NIGHT-TIME GOVERNANCE
3 CASE EXAMPLES

10 24-HOUR CITIES NETWORK GOVERNANCE WORKSHOP

MELBOURNE
Activating advisors
and building knowledge
partnerships
Presentation by Michele Acuto, Director,
Melbourne Centre for Cities, University of Melbourne
Melbourne topped indices of the world’s most livable city for years, and its nightlife was a key component of these accolades. The shutdown of nightlife during the COVID-19 pandemic hugely affected the city and its identity. Much of the recovery has been supported by the efforts of the Melbourne Night-time Economy Advisory Committee, an advisory council that sits outside of the official city government that advises the city on night-time issues. The committee represents and guides the city, particularly on major investments the city is making. Given that Melbourne does not have a designated “Night Mayor” or nightlife office, the committee chairman, committee and its various partners serve that function for the city. The committee has focused its efforts on reviving the heart of the city and designing programs that match the night-time economy goals with the larger aspirations for Melbourne as a city while supporting its unique character.

One of these programs, Flash Forward, used art installations by local artists to draw people to Melbourne’s lesser know laneways- unique pedestrian streets throughout the city that are replete with shops, cafes, bars, and restaurants and that suffered greatly during COVID-related lockdowns that closed 20% of the city’s businesses. Planning controls were suspended to encourage the opening of shops. The program is an example of the importance of not simply spending money to solve a problem but of building creative partnerships between stakeholders.

NIGHT-TIME GOVERNANCE
3 CASE EXAMPLES

11 24-HOUR CITIES NETWORK GOVERNANCE WORKSHOP
Another important aspect of Melbourne’s approach to governing the night-time economy is its physical and philosophical proximity to major academic institutions. For instance, the University of Melbourne’s School of Design studio produced the report that became the primary terms of reference for the Night-time Economy Advisory Committee.

The university is also very involved in a program called Project Night Justice, which focuses on improving the safety and well-being of women, trans women, and other members of the LGBTIQ+ community, similar to other programs like London’s Good Night Out Campaign. The university is also using federal funding to explore ways to design better environments for night shift workers.

Knowledge partnerships between government entities and universities allow for greater experimentation, research and solution building without being heavily constrained by policymaking and politics. As we shift the frame of thinking about night-time economies from how to deal with nightlife to how to manage a holistic 24-hour city, knowledge partnerships are an important mechanism for producing innovative ideas. Melbourne’s effective combination of an advisory group that sits outside of government and knowledge partnerships with a local university is a good example of building night-time governance without an official city agency.
“As we shift the frame
of thinking about
night-time economies
from how to deal with
nightlife to how to
manage a holistic 24-
hour city, knowledge
partnerships are an
important mechanism
for producing
innovative ideas.”

NIGHT-TIME GOVERNANCE
3 CASE EXAMPLES

12 24-HOUR CITIES NETWORK GOVERNANCE WORKSHOP

MONTREAL
Citizen organizations and
civic engagement
Mathieu Grondin, General Director, Montreal 24/24
Active civic groups also have a major role in ensuring a successfully managed night-time economy. In Montreal, a group of friends created a non-profit citizen organization called Montreal 24/24 to support the nightlife industry community and develop the night-time economy. The group now has a partnership with Montreal’s economic development agency and funding from the city to help Montreal develop a nightlife policy. Montreal 24/24 commissions research studies, runs a night council, provides workshops, plans summits, and undertakes pilot projects.

One of the most important aspects of Montreal 24/24’s work is the citizen participatory process, which is primarily work done through the Night Council. Unlike similar councils in other cities, the Night Council does not represent industry but is composed of 12 citizens with a variety of experience in nightlife, from artists to venue owners, public health experts, and academia. The Council was formed during the pandemic and is divided into four committees 1) Permanent spaces (venues, bars, and clubs) 2) Temporary initiatives, festivals, and events 3) Health, safety inclusion, and diversity and 4) Living at night. The original Council members were selected, but going forward, they will be elected with the first election planned for autumn 2022.

NIGHT-TIME GOVERNANCE
3 CASE EXAMPLES

13 24-HOUR CITIES NETWORK GOVERNANCE WORKSHOP
Their mandate is to listen to opinions and provide recommendations on different topics related to nightlife. One of the primary ways the night council interfaces with the community is to hold a yearly event called the Open Mic. All of the citizens of Montreal are invited to take the mic and share their experiences of nightlife, positive or negative, and their vision for the future.

The Council also organizes Montreal Au Sommet De La Nuit, an event that gathers leaders from around the world to talk about night-time governance and to learn about different practices around the globe. At this year’s event, Montreal 24/24 will also be using this venue to pilot Montreal’s first 24-hour license by throwing a 24-hour party that will feature more than 30 local artists. The idea behind the 24-hour license is not just to extend the fun for patrons but help foster emerging talents and provide more opportunities for those that work at night-time. Instead of limiting the window for night-time cultural flourishing to a few hours a couple of nights a week, a 24-hour license provides the opportunity for more broad-based participation in the night-time economy. The event will also serve as an opportunity to gather data and insights about the effects of a 24-hour license on business revenues, public safety, and effective mobility.

In the future, the ambition is to set zones in the city to have 24-hour sectors. This is an important step in protecting small independent venues and ensuring they’re not at risk of being closed by noise complaints. The hope is that this pilot project will be the first step to extending this scheme more permanently and, in the next year or a year and a half, to have a permanent nightlife policy.

Even citizen-developed and led groups have the power to help shape night- time governance policy, and when they can find governments that want to work collaboratively with them, their power only grows. Montreal 24/24 is a great example of how citizen action on night-time governance can lead to long-lasting government-back results in the absence of a permanent government apparatus.
“Even citizen-developed
and led groups have
the power to help
shape night-time
governance policy,
and when they can
find governments
that want to work
collaboratively with
them, their power
only grows.”

NIGHT-TIME GOVERNANCE
3 CASE EXAMPLES