Planning Commission CONSENT CALENDAR · 6/14/2011 · Insurance Agents, Title companies, Real Estate Agents, and Travel Agents. Office uses that would be allowed with an AUP include

Planning Commission

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR June 14, 2011

To: Honorable Mayor and Members of the City Council

From: Planning Commission

Submitted by: Jordan Harrison, Secretary, Planning Commission

Subject: Zoning Changes to Encourage Economic Development, Amending Title 23 of the Berkeley Municipal Code

RECOMMENDATION Adopt first reading of an Ordinance amending Title 23 of the Berkeley Municipal Code (BMC) to streamline zoning permit requirements for certain business activities likely to encourage economic activity.

SUMMARY The proposed amendments reduce the level of permit review required for certain commercial uses and activities, thereby making it easier for new businesses to open or existing business to expand their service or product offerings. The amendments were prepared in response to Council direction to develop ways to address declining sales tax and business activity in October and December, 2010. The Planning Commission recommended adoption of these amendments on April 27, 2011.

With the proposed changes, land uses that currently require a Use Permit with Public Hearing (UPPH) or Administrative Use Permit (AUP) would require an AUP or Zoning Certificate (ZC). This will reduce the application fees and amount of time needed for permit approvals, making it easier for new businesses to occupy empty storefronts.

The zoning changes focus on “pedestrian oriented” business activities (those considered likely to generate foot traffic) in order to draw new customers to an area thereby increasing sales at retail shops and restaurants. Pedestrian-oriented uses targeted with these changes include restaurants, exercise/yoga studios, small-to-medium sized gyms, sidewalk seating, ground floor offices, and group class instruction. The changes also include beer & wine with food, unamplified live entertainment, and later evening hours of operation.

Staff developed a range of options in response to the Council referrals. After implementation of the changes proposed with this report, staff will consider modifications to the zoning ordinance related to restrictions on changes of use, restrictions on the conversion of tenant spaces (collapsing/expanding), and parking requirements. Staff expects to provide recommendations on these future changes to the Planning Commission this fall.

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Zoning Changes to CONSENT CALENDAR Encourage Economic Development June 14, 2011

FISCAL IMPACTS OF RECOMMENDATION The proposed changes should encourage new business activity, thereby increasing City revenues. By lowering permit requirements for certain types of business activities, income from permit fees will be reduced. Expense for staff effort and public notice will also be reduced, and should off-set the reduced permit fee income.

CURRENT SITUATION AND ITS EFFECTS On April 27, 2011 the Planning Commission held a public hearing on the proposed zoning changes, grouped into eight categories, and voted to recommend adoption of all the changes. The specific Commission actions on each category are provided below under “Background.”

Sidewalk seating timing – The Planning Commission recommended changes to Title 23 to remove the AUP requirement for sidewalk seating. At the time of the April 27 Commission meeting, staff was in the process of developing changes to other sections of the BMC to transfer responsibility for sidewalk seating permitting from the Planning Department to the Public Works Department. Subsequent to the April 27 meeting, staff identified additional changes needed in Title 23, which required a Planning Commission public hearing and recommendation; those changes were scheduled for Commission consideration on June 1, 2011. Staff proposes to bring all of the BMC changes related to sidewalk seating, both to Title 23 and the other BMC sections, to the City Council at one time on July 12. Therefore, the attached Ordinance does not include deletion of the AUP requirement for sidewalk seating as recommended by the Commission; this will be provided in July with the companion changes establishing the Public Works Department role.

BACKGROUND In October and December 2010, the City Council directed staff to identify ways to encourage economic activity in order to address declining sales tax revenues and improve the City’s overall business climate. In response, staff developed a range of potential zoning amendments and ranked the amendments into three groups based on anticipated level of effort and level of economic impact; these were presented to the Council on March 8, 2011. The amendments addressed in this report include the “Group 1” items and three “Group 2” items. The amendments address five of the eight referrals to the Planning Commission from the December 7, 2010 council action.

The changes proposed with the report are grouped into eight categories for discussion purposes (see below). The changes are not the same in each zoning district. Staff tried to achieve some consistency within the districts based on neighborhood type as classified in the General Plan (Neighborhood Commercial, Avenue Commercial, and Downtown). However, the amendments also retain specific regulations of the individual districts to reflect the intent behind those differences. The table summary included with Attachment 2, the April 27, 2011 Planning Commission staff report, illustrates the different permit levels by district.

At the April 27 public hearing 12 members of the public spoke. Most of the speakers were in favor of the changes and encouraged the City to act quickly. Speakers


expressed concerns about inadequate parking, high commercial rental rates, and the need to maintain diversity in the types of businesses through quotas and other restrictions. Public notice was provided with the required newspaper publication; in addition, merchants associations, commercial realtors, neighborhood representatives, and groups interested in policy changes in commercial districts were notified with an email announcement.

The Commission discussed and acted on the eight categories of zoning changes as summarized below. Each description is followed by the Commission’s April 27 action.

1. Allow beer and wine service with an AUP at restaurants. In most districts, adding beer and wine service at existing or new restaurants currently requires a UPPH. This change will lower the review to an AUP in all districts, which will reduce the time and cost associated with adding this service. This change has already been adopted in most of the downtown. Restaurants within 200 ft of a residential district would use the AUP process. Restaurants will still be subject to the restrictions of an Alcohol Beverage Control (ABC) license, and alcohol will not be available for take-out.

Commission Action: Motion/Second/Carried to recommend allowing permitting for beer and wine with food with an AUP, change number 1 (DS/TC). Ayes: Clarke, Dacey, Eisen, Gurley, Novosel, Pollack, Poschman, Samuels, Stoloff. Noes: None. Abstain: None. Absent: None.

2. Lower review levels for all new restaurants based on size of restaurant. This change will lower the permit review required for new restaurants from an AUP or UPPH to a ZC or AUP depending on the size of the restaurant. For most neighborhood commercial districts, restaurants under 1,000 square feet in size would be allowed with issuance of a zoning certificate; for the avenue commercial districts, under 1,500 square feet, and in the downtown, under 2,000 square feet. (New restaurants will still be subject to the parking requirements for restaurant uses and may be subject to change of use or conversion of space restrictions).

Commission Action: Motion/Second/Carried to recommend lowering permit review levels for restaurants, change number 2 (DS/JN). Ayes: Clarke, Eisen, Gurley, Novosel, Pollack, Samuels, Stoloff. Noes: Dacey, Poschman. Abstain: None. Absent: None.

3. Lower review levels for pedestrian-oriented business. In some districts, uses that could encourage pedestrian activity through client and customer visits require an AUP or UPPH. This change will lower those review levels to a ZC or AUP, depending on the use and the district. Uses (from the “Uses Permitted Table” of each zoning district) considered pedestrian-oriented include restaurants, Video/DVD rentals, department stores, banks, exercise/martial arts studios, group class instruction, and gyms/health clubs. In addition, lower review


levels for incidental food and beverage and incidental live entertainment (unamplified) will allow existing pedestrian-oriented businesses to expand their services and potentially attract more patrons to an area.

Commission Action: Motion/Second/Carried to recommend lowering permit review levels for pedestrian-oriented uses (change number 3), delete the “video/DVD store” entry for consistency, and delete the restrictions on ground-floor gyms and health clubs in the C-NS (right-hand column of page 28) (DS/JS). Ayes: Clarke, Dacey, Eisen, Gurley, Novosel, Pollack, Poschman, Samuels, Stoloff. Noes: None. Abstain: None. Absent: None.

4. Lower review levels for offices on the ground floor. In some districts, office uses require a UPPH to be located on the ground floor based in part on concern they will detract from the pedestrian character of the area. However, clients and employees of the offices contribute to pedestrian activity. Additionally, ground floor offices can include window displays or a view into the building in order to maintain a visually interesting pedestrian setting. The proposed changes will allow office uses on the ground floor with a ZC or AUP. Office uses (from the “Uses Permitted Table” of each zoning district) that would be allowed with a ZC include Insurance Agents, Title companies, Real Estate Agents, and Travel Agents. Office uses that would be allowed with an AUP include Professionals and Government, Institution, and Utilities, and in some districts, Medical Practitioners. The proposed amendments would require all offices located on the ground floor adjacent to a street frontage to include a storefront windows display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the tenant space.

At the April 27 meeting, the Commissioners discussed which types of office uses should be allowed with a ZC on the ground floor in commercial districts based on the amount of foot-traffic they are expected to generate. Some Commissioners felt visitors’ bureaus and accounting offices should be added; some felt title companies should be removed.

Commission Action: Motion/Second/Carried to recommend lowering permit review levels for offices on the ground floor as proposed by staff, change number 4 (TC/JS). Ayes: Clarke, Novosel, Pollack, Samuels, Stoloff. Noes: Dacey, Poschman. Abstain: Eisen, Gurley. Absent: None.

5. Sidewalk seating and furniture with a non-discretionary Public Works permit. In all districts, an AUP is currently required to place seating on the sidewalk in the public right-of-way (ROW). This review is used to ensure that adequate space is maintained for pedestrians, persons with limited mobility, and for access to utilities, fire escapes, fire hydrants, and public transportation. A ZC with staff-level design review is currently used to allow for sidewalk furniture (benches and planters).


With the proposed changes, review and permitting for use of the ROW would be subject to the Department of Public Works, not the Planning Department. A non-discretionary Public Works permit would be used instead of an Administrative Use Permit and design review would no longer be required for sidewalk furniture. The standards for sidewalk seating and sidewalk furniture from the zoning ordinance (Chapters 23E.24 and 23E.26) will be incorporated into the municipal code and used for the Public Works permit (Chapter 14.48).

The December 7, 2010 Council referral included “Consideration of tables, chairs and planters as of right and consistent with American Disability Act (ADA) standards.” In consultation with the Public Works Department, staff determined that the best way to make a “by-right” permit for sidewalk seating was to create a non-discretionary Public Works permit. The Public Works Department administers all other encroachments into the ROW, and is well suited to administer sidewalk seating and furniture permits due to familiarity with the regulation of the ROW and State and federal access requirements.

Currently, Planning and Public Works staff coordinate review of AUPs: Planning prepares the AUP and Public Works staff conduct the field inspections to verify compliance with the BMC. By removing the Planning Department’s role, permits will take less staff time and be less expensive to applicants. Public Works staff estimate permits will be approximately $350. The permits would be renewed annually, like business licenses, in order to assure that the required liability insurance is maintained.

Subsequent to the April 27 Commission meeting, staff identified additional changes needed in Title 23. Staff proposes to bring all of the BMC amendments related to this change to the City Council at one meeting. This way, the other zoning amendments proposed with this report will not be delayed by the sidewalk seating changes. Therefore, the attached Ordinance does not include deletion of the AUP requirement for sidewalk seating as recommended by the Commission; this will be provided in July with the companion changes establishing the Public Works Department role.

Commission Action: Motion/Second/Carried to recommend to City Council that sidewalk seating be a non-discretionary public works permit, change number 5 (GP/PD). Ayes: Clarke, Dacey, Eisen, Gurley, Novosel, Pollack, Poschman, Samuels, Stoloff. Noes: None. Abstain: None. Absent: None.

6. Extended Evening Hours. The proposed change would extend the night-time hours of operation to 11p.m. in the neighborhood commercial districts and midnight in the avenue commercial districts. These hours are applicable to existing business that are permitted with issuance of a ZC; for existing business subject to a conditional use permit that includes specific hours as a condition of approval, a use permit modification would be required.


Commission Action: Motion/Second/Carried to recommend extended evening business hours in the commercial districts, change number 6 (JN/DS). Ayes: Clarke, Eisen, Novosel, Pollack, Samuels, Stoloff. Noes: Dacey, Poschman. Abstain: Gurley. Absent: None.

7. Quota Changes. For the Solano Avenue district (C-SO), the proposed amendments would suspend the quota restriction for four years. The proposed amendments add to the North Shattuck district (C-NS) the option to exceed the quota limitations with approval of a Use Permit. Currently, the C-NS is the only of the four quota districts that does not allow exceeding the quota limits with a Use Permit. Staff added this provision to the C-NS for consistency and flexibility.

Commission Action: Motion/Second/Carried to recommend changes to quotas in the C-SO and C-NS Districts, change number 7, with a 4 year suspension of quota restrictions rather than 3 years in the C-SO (JS/TC). Ayes: Clarke, Eisen, Gurley, Novosel, Pollack, Samuels, Stoloff. Noes: Dacey, Poschman. Abstain: None. Absent: None.

8. Ashby node. The amendments include a revision to the Ashby/San Pablo node to remove properties fronting on Ashby from the node. This change addresses the limitations placed on ground floor uses in the node, which has made it difficult for the Ashby Lofts property to find tenants for three ground floor spaces. With this change, one parcel would be removed from the node (the Ashby Lofts parcel); all other C-W zoning will remain the same. By removing the parcel from the node, office and light manufacturing uses would be allowed in the ground floor space. Under the current C-W zoning, some office uses are allowed with issuance of a ZC; light manufacturing requires an AUP or UPPH, depending on size. The property owner has indicated that office and light manufacturing uses are interested in leasing the tenant spaces.

Commission Action: Motion/Second/Carried to recommend the staff recommendation to modify the Ashby Node, change number 8 (GP/PD). Ayes: Dacey, Eisen, Gurley, Novosel, Pollack, Poschman, Samuels, Stoloff. Noes: None. Abstain: None. Absent: Clarke.

RATIONALE FOR RECOMMENDATION The Council referrals directed staff to consider ways to address declining sales tax revenues. Retail activity most directly impacts sales tax, and in the commercial districts most retail is already permitted without discretionary review. These amendments lower the permit requirements for certain additional retail uses and aim to promote economic activity indirectly by encouraging uses that increase pedestrian activity, fill empty storefronts, and improve the perception of doing business in Berkeley.

ALTERNATIVE ACTIONS CONSIDERED In addition to zoning amendments, staff are working to identify if other City regulatory requirements or processes may impact economic activity. Staff developed a range of


options in response to the Council referrals and focused first on the amendments considered to be easier to implement. After implementation of the changes proposed with this report, staff will prepare additional zoning-related amendments for consideration in the fall, which may include modifying the restrictions on changes of use, restrictions on the conversion of tenant spaces (collapsing/expanding), and parking requirements.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed changes would be exempt from the California Environmental Quality Act pursuant to Guidelines Section 15061(b)(3) because it can be seen with certainty that the proposed amendments to change discretionary thresholds would not have a significant effect on the environment. Any proposed discretionary project would also be subject to CEQA review. No new uses are proposed to be established or eliminated. No changes to existing development standards or development potential are proposed.

CITY MANAGER The City Manager concurs with the content and recommendations of the Commission’s Report.

CONTACT PERSON Dan Marks, Director, Planning and Development, 981-7410

Attachments: 1. Ordinance 2. Planning Commission Staff Report, April 27, 2011 (duplicate Ordinance omitted) 3. Planning Commission Minutes, April 27, 2011

ORDINANCE NO. -N.S.

ZONING ORDINANCE AMENDMENTS TO TITLE 23 OF THE BERKELEY MUNICIPAL CODE TO LOWER THE PERMIT REVIEW REQUIREMENTS FOR CERTAIN BUSINESS ACTIVITIES, INCLUDING BEER AND WINE WITH FOOD SERVICE, RESTAURANTS, DEPARTMENT STORES, BANKS, VIDEO/DVD RENTAL, DANCE/EXERCISE STUDIOS, GYMS, GROUP CLASS INSTRUCTION, INCIDENTAL FOOD AND BEVERAGE FOR IMMEDIATE CONSUMPTION, INCIDENTAL LIVE ENTERTAINMENT, EVENING HOURS OF OPERATION, AND OFFICES ON THE GROUND FLOOR; TO SUSPEND THE QUOTA IN THE C-SO FOR FOUR YEARS; TO ALLOW THE C-NS QUOTA LIMITS TO BE EXCEEDED WITH A USE PERMIT; AND TO MODIFY THE ASHBY NODE BE IT ORDAINED by the Council of the City of Berkeley as follows: Section 1. That Berkeley Municipal Code Section 23E.36.030 is amended to read as follows: 23E.36.030 Uses Permitted A. The following table sets forth the Permits required for each listed item. Each use or

structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH)) or is Prohibited.

Table 23E.36.030

Use and Required Permits

Use Classification Special Requirements (if any)

Retail Sales

All Retail Sales Uses, except those listed below

ZC * As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores)

Alcoholic Beverage Retail Sales, including Liquor Stores and Wine Shops

UP(PH) Includes sale for off-site consumption at restaurants

Prohibited within the University Avenue Strategic Plan Overlay (unless in conjunction with a restaurant or general food product store)

C‐1 District 23E.36

Department Stores ZC*UP(PH)

Firearm/Munitions Businesses

UP(PH) Prohibited on any property devoted to residential use

Pawn Shops, including Auction Houses

UP(PH) Prohibited within the University Avenue Strategic Plan Overlay

Pet Stores, including Sales and Grooming of Animals (but not Boarding)

UP(PH)

Smoke Shops UP(PH) Prohibited if within 1,400 feet of a school or public park

Personal and Household Services

All Personal and Household Services, except those listed below

ZC* As defined in Sub-title F, except those otherwise listed (does not include Massage)

Laundromats AUP**

Veterinary Clinics, including Pet Hospitals

UP(PH)

Video Tape/Disk Rental Stores

UP(PH)

Offices

Financial Services, Retail (Banks)

AUP**UP(PH)

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

ZC*

Medical Practitioners, including Holistic Health and Mental Health Practitioners

ZC* Subject to parking requirements; see Table 23E.36.080

Other Professionals, and Government, Institutions, Utilities

ZC*

Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses

Adult-oriented Businesses UP(PH) Subject to additional requirements; see Section


23E.16.030

Alcoholic Beverage Service of beer and wine incidental to food service at quick and full service restaurants

AUP For on-site consumption only

Alcoholic Beverage Service, including Bars, Cocktail Lounges, and Taverns

UP(PH) Includes service of alcoholic beveragesdistilled spirits incidental to food service

Amusement Device Arcades

UP(PH) Subject to additional requirements; see Section 23.E.16.050

Commercial Recreation Center

UP(PH)

Dance, Exercise, Martial Arts and Music Studios

ZC*AUP**

Entertainment Establishments, including Nightclubs

UP(PH)

Food Service Establishments:

Carry Out Food Service Stores

If over 200 ft. from R-DistrictUnder 1,500 s.f.

AUP**UP(PH)

AUP

ZC

Prohibited 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

Quick Service Restaurants


AUP**UP(PH)

AUP

ZC

Subject to parking requirements; see Section 23E.36.080.

Full Service Restaurants


AUP**UP(PH)

AUP

ZC

Subject to parking requirements; see Section 23E.36.080.

Group Class Instruction for Business, Vocational or Other Purposes

ZC*UP(PH)

Gyms and Health Clubs AUP**UP(PH)


Under 7,500 s.f. ZC*

Hotels, Tourist, including Inns, Bed and Breakfasts and Hostels

UP(PH) Subject to parking requirements; see Section 23E.36.080

Motels, Tourist UP(PH) Subject to parking requirements; see Section 23E.36.080

Theaters, including Motion Pictures and Stage Performance

UP(PH)

Automobile and Other Vehicle Oriented Uses

Automobile Parts Stores ZC* Excluding service of auto parts. Prohibited within the University Avenue Strategic Plan Overlay

Automobile Repair and Service, including Parts Service

AUP** Prohibited within the University Avenue Strategic Plan Overlay

Automobile Sales and Rentals

AUP** Prohibited within the University Avenue Strategic Plan Overlay

Automobile Washes, Mechanical or Self-Service


Automobile Wrecking Establishments

Prohibited

Gasoline/Automobile Fuel Stations

UP(PH)

Motorcycle Stores, including Sales and/or Service

UP(PH) Prohibited within University Avenue Strategic Plan Overlay

Recreational Vehicle and Trailers Sales and Rental, including Boats

AUP** Prohibited within University Avenue Strategic Plan Overlay

Tire Sales/Service Stores UP(PH) Prohibited within University Avenue Strategic Plan Overlay

Parking, Outdoor and Exterior Service Window Uses

Automatic Teller Machines AUP Exterior and when part of a


Retail Financial Service

Drive-in Uses UP(PH) Providing service to customers in their cars. See definition in Sub-title F. Prohibited within University Avenue Strategic Plan Overlay

Activities or Storage outside of a building

Not abutting R-District AUP

When abutting R-District UP(PH)

Parking Lots:

Five or fewer Off-street Parking Spaces

ZC

More than five Off-street Parking Spaces

UP(PH)

Recycling Redemption Centers

AUP

Sidewalk Cafe Seating AUP Subject to additional requirements; see Chapter 23E.24

Combination Commercial/Residential Uses

Live/Work Units

Not requiring a UP under Chapter 23E.20

ZC

Requiring a UP under Chapter 23E.20

UP(PH)

Mixed Use Developments (Residential/Commercial)

UP(PH) Subject to Sections 23E.36.070.D and 23E.36.080.D. Within the University Avenue Strategic Plan Overlay areas, the following uses are not allowed on the ground floor of a Mixed Use building unless a Use Permit is issued pursuant to Sections 23E.36.090.A and B: residential units and uses (other than parking)


which serve the residential uses, e.g. leasing and management of the building.

Uses Incidental to a Permitted Use

Amusement Devices (up to three)

AUP

Food or Beverage for Immediate Consumption

ZCAUP

Live Entertainment

Unamplified

Amplified

ZC

AUP

Manufacturing Uses AUP

Storage of Goods (over 25% of gross floor area)

AUP

Wholesale Activities AUP

Uses Permitted in Residential Districts

Accessory Uses and Structures

As per R-3 District See Table 23D.36.030

Child Care Centers UP(PH)

Clubs, Lodges UP(PH)

Community Centers UP(PH)

Dwelling Units, subject to R-3 Standards

UP(PH) Standards may be modified under Section 23E.36.070.E. Residential-only projects are prohibited within the University Avenue Node Overlay areas, and permitted within University Avenue Overlay Mixed Use areas.

Group Living Accommodations subject to R-3 Standards

UP(PH) Standards may be modified under Section 23E.36.070.E

Hospitals UP(PH) Subject to parking requirements; see Section 23E.36.080.C

Hotels, Residential, UP(PH)


including Single Room Occupancy (SRO) Hotels

Libraries UP(PH) Subject to parking requirements; see Section 23E.36.080

Nursing Homes UP(PH) Subject to parking requirements; see Section 23E.36.080

Parks and Playgrounds ZC

Public Safety and Emergency Services

UP(PH)

Religious Assembly Uses UP(PH)

Schools, Public or Private UP(PH)

Senior Congregate Housing

Six or fewer people

Seven or more persons

New Construction

ZC

AUP

UP(PH)

Changes of Use from an existing dwelling unit

Miscellaneous Uses

Automatic Teller Machines UP(PH) When not a part of a Retail Financial Service

Cafeteria, Employee or Residential

UP(PH)

Cemeteries, Crematories, Mausoleums

Prohibited

Columbaria AUP Allowed with a ZC if incidental to a Community and Institutional Use, limited to 400 niches, no more than 5% of the subject property area, and located within the main building.

Circus or Carnival UP(PH)

Commercial Excavation UP(PH) Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or


natural gas

Dry Cleaning and Laundry Plants

UP(PH)

Kennels or Pet Boarding Prohibited

Laboratories, Testing AUP**

Mortuaries UP(PH)

Public Utility Substations, Tanks

UP(PH)

Radio, Television, or Audio/Sound Recording and/or Broadcast Studios

UP(PH)

Warehouses or Storage including Mini-storage Warehouses


Wireless Telecommunications Facilities

Microcell Facilities, Modifications to Existing Sites, and Additions to Existing Sites When the Site Is Not Adjacent to a Residential District

AUP Subject to the requirements of Section 23C.17.100

All Other Telecommunication Facilities

UP(PH) Subject to the requirements and findings of Section 23C.17.100

Legend:

ZC -- Zoning Certificate

AUP -- Administrative Use Permit

UP(PH) -- Use Permit, public hearing required

Prohibited -- Use not permitted

*Change of Use of floor area between 3,000 and 5,000 sq. ft. shall require an AUP; over 5,000 sq. ft. shall require a UP(PH)

**Change of Use of floor area over 5,000 sq. ft. shall require a UP(PH)


B. Any use not listed that is compatible with the purposes of the C-1 District shall be permitted subject to securing an Administrative Use Permit. Any use that is not compatible with the purposes of the C-1 District shall be prohibited.

C. The initial establishment or change of use of floor area of an existing non-residential

building, or portion of building, shall be subject to the permit requirements as listed in the legend of Table 23E.36.030.

Section 2. That Berkeley Municipal Code Section 23E.36.060 is amended to read as follows: 23E.36.060 Use Limitations* A. No commercial use shall operate except between the hours of 7:00 a.m. to 1012:00

midnight p.m., except as authorized by an Administrative Use Permit, and in accordance with Section 23E.16.010.

C‐N District 23E.40

Section 3. That Berkeley Municipal Code Section 23E.40.030 is amended to read as follows: 23E.40.030 Uses Permitted A. The following table sets forth the Permits required for each listed item. Each use or


Table 23E.40.030


Use

Classification

Special Requirements (if any)

Retail Sales


ZC * As defined in Sub-title F, except otherwise listed. (Does not include Video Rental Stores)

Alcoholic Beverage Retail Sales, including liquor stores and wine shops


Department Stores

Over 3,000 s.f.

AUP

Prohibited




Prohibited


UP(PH)






Laundromats UP(PH)


UP(PH)


UP(PH)

Offices


UP(PH)


ZC* When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area

When not located on the ground floor adjacent to street frontage

ZC

When located on the ground floor adjacent to street frontage

AUP**


AUP**UP(PH) Subject to additional parking requirements under Section 23E.40.080.B

Other Professionals and Government, Institutions, Utilities

AUP**UP(PH) When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area

Food and Alcohol Service, Lodging, Entertainment and Assembly Uses

Adult-oriented Businesses Prohibited




Alcoholic Beverage Service, including Bars, Cocktail Lounges and Taverns

UP(PH) Includes service of alcoholic beveragesdistilled spirits incidental to food service

Amusement Device Arcades Prohibited


UP(PH)


ZC*AUP**

Entertainment Establishments

UP(PH) Includes Nightclubs



Under 1,000 s.f.

AUP**UP(PH)

ZC


Under 1,000 s.f.

AUP**UP(PH)

ZC

Subject to additional parking requirements under Section 23E.40.080.B


Under 1,000 s.f.

AUP**UP(PH)

ZC


AUP**UP(PH)

Gyms and Health Clubs ZC*UP(PH)

Hotels, Tourist UP(PH) Includes Inns, Bed and Breakfasts and Hostels

Motels, Tourist Prohibited

Theaters UP(PH) Includes Motion Pictures and Stage Performance


Automobile Parts Stores ZC* Excluding service of auto parts

Automobile Repair and Service

Prohibited Includes Parts Service


Prohibited



Prohibited


Prohibited


UP(PH)

Motorcycle Stores Prohibited Includes Sales and/or Service

Recreational Vehicle and Trailers Sales and Rental

Prohibited Includes Boats

Tire Sales/Service Stores Prohibited


Activities or Storage Outside of a building



Automatic Teller Machines UP(PH) Exterior and when part of a Retail Financial Service

Drive-in Uses Prohibited Providing service to customers in their cars. See definition in Sub-title F

Parking Lots UP(PH)


AUP

Sidewalk Cafe Seating AUP Subject to additional requirements; see Section 23E.24


Live/Work Units


ZC


UP(PH)


UP(PH) Subject to the standards under Section 23E.40.070.D




UP(PH)


AUPUP(PH)

Live Entertainment

Unamplified

Amplified

ZC

UP(PH)

Manufacturing Uses UP(PH)


AUP

Wholesale Activities UP(PH)







Dwelling Units, subject to R-3

U P (PH) Standards may be modified under Section

Standards UP(PH) 23E.40.070.E

Group Living Accommodations subject to R-3 Standards


Hospitals Prohibited

Hotels, Residential, including Single Room Occupancy (SRO) Hotels

UP(PH)

Libraries UP(PH) Subject to parking requirements; see Section 23E.40.080.B

Nursing Homes UP(PH) Subject to parking requirements; see Section 23E.40.080.B




UP(PH)




Six or fewer persons


New Construction

ZC

AUP

UP(PH)


Miscellaneous Uses



UP(PH)


Prohibited



Commercial Excavation UP(PH) Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas


Prohibited


Laboratories, Testing Prohibited

Mortuaries Prohibited


UP(PH)

Radio, Television or Audio/Sound Recording

UP(PH)


and/or Broadcast Studios


Prohibited



AUP Subject to the requirements of Section 23C.17.100


UP(PH) Subject to the requirements of Section 23C.17.100

Legend:







B. Any Use not listed that is compatible with the purposes of the C-N District shall be

permitted subject to securing a Use Permit. Any use that is not compatible with the purposes of the C-N District shall be prohibited.

C. The initial establishment, or change, of use of floor area of an existing non-residential building, or portion of building, shall be subject to the Permit requirements as listed in the legend of Table 23E.40.030.

Section 4. That Berkeley Municipal Code Section 23E.40.060 is amended to read as follows:

23E.40.060 Use Limitations* A. No Commercial Use shall operate except between the hours of 7:00 a.m. to 110:00

p.m., unless a Use Permit is obtained and is in accordance with Section 23E.16.010.

C‐E District 23E.44



Table 23E.44.030



Retail Sales


ZC * As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores). Also subject to numerical limitations listed in Table 23E.44.040



Department Stores

Over 3,000 s.f.

ZC*

Prohibited



Pawn Shops, including Auction

Pawn Shops, including Auction

Houses

Prohibited

Pet Stores, including Sales and Grooming of Animals

UP(PH) Does not include boarding of animals

Smoke Shops

UP(PH) Prohibited if within 1,400 feet of a school or public park



All Personal/Household Services, except those listed below

ZC* As defined in Sub-title F, except those otherwise listed (does not include Massage). Also subject to numerical limitations listed in Table 23E.44.040

Laundromats UP(PH)


UP(PH)


AUP** UP(PH)

Offices


UP(PH) Also subject to numerical limitations listed in Table 23E.44.040


ZC* When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.


ZC*


UP(PH)

Medical Practitioners Prohibited Including Holistic Health and Mental Health Practitioners


AUP**UP(PH) When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.




Alcoholic Beverage Service

UP(PH) Service of alcoholic beverages allowed only as incidental to food service in Food Service Establishments





UP(PH)


UP(PH)AUP**


Prohibited


Also subject to numerical limitations listed in Table 23E.44.040


UP(PH)AUP**

Quick Service Restaurants UP(PH)AUP**

Full Service Restaurants UP(PH)AUP**


UP(PH)AUP**

Gyms and Health Clubs UP(PH)AUP**


UP(PH)


Theaters UP(PH) Including Motion Pictures and Stage Performance


Automobile Parts Stores ZC* Excluding service of auto


parts


Prohibited


Prohibited


Prohibited


Prohibited


Prohibited


Prohibited


Prohibited






Automatic Teller Machines (exterior and when part of a Retail Financial Service)

UP(PH) Limit of 2 per establishment as per Table 23E.44.040

Drive-in Uses Prohibited Providing service to customers in their cars. See definition in Sub-title F

Parking Lots UP(PH)


AUP



Live/Work Units



ZC


UP(PH)


UP(PH) Subject to the standards under Section 23E.44.070.E



UP(PH)


UP(PH) Treated as Food Service Establishment and subject to numerical limitations in Table 23E.44.040

Live Entertainment

Unamplified

Amplified

ZC

Prohibited

Other than unamplified background music

Manufacturing Uses UP(PH)


AUP

Wholesale Activities UP(PH)








UP(PH) Standards may be modified under Section 23E.44.070.F

Group Living Accommodations, subject to R-3 Standards




UP(PH)

Libraries UP(PH) Subject to parking


requirements under Section 23E.44.080

Nursing Homes UP(PH) Subject to parking requirements under Section 23E.44.080



UP(PH)



Senior Congregate Housing Six or fewer persons


New Construction

ZC

AUP

UP(PH)


Miscellaneous Uses

Automatic Teller Machines Prohibited When not a part of a Retail Financial Service


UP(PH)


Prohibited





Prohibited






UP(PH)

Radio, Television or Audio/Sound Recording and/or Broadcast Studios

UP(PH)


Prohibited



AUP Subject to the requirements and findings of Section 23C.17.100



Legend:







B. Any Use not listed that is compatible with the purposes of the C-E District shall be

permitted subject to securing a Use Permit. Any Use that is not compatible with the purposes of the C-E District shall be prohibited.

C. The initial establishment, or change, of use of floor area of an existing non-residential building, or portion of building, shall be subject to the following permit requirements as listed in the legend of Table 23E.44.030


Section 6. That Berkeley Municipal Code Section 23E.44.040 is amended to read as follows: 23E.44.040 Special Provisions -- Numerical Limitations A. Uses subject to numerical limitations, as set forth in Table 23E.44.040 shall also be

subject to the requirements of Section 23E.44.030. No such limitation may be exceeded unless the Board issues a Use Permit and makes the findings under Section 23E.44.090.C. (Ord. 6478-NS § 4 (part), 1999)

Table 23E.44.040

Numerical Limitations

Use Number limit Size (sq. ft.) Type of Permit

Art/Craft Shops, Gift/Novelty Shops, Jewelry/Watch Shops

12 * 1,500 Zoning Certificate

Barber/Beauty Shops, including Manicure and other Personal Care

7 None Zoning Certificate

Bookstores, Periodical Stands

4 2,000 Zoning Certificate

Clothing Stores, including Hats, Shoes and Accessories

10 None Zoning Certificate

Financial Services, Retail **

2 None Use Permit


Carry Out Food Service

3 1,000 Use PermitAUP


7 1,000 Use PermitAUP


7 None Use PermitAUP

Photocopy Stores, Printing, Fax, Magnetic Disk Reproduction

2 1,000 Zoning Certificate


Services

*Total

**Shall have no more than 2 Automatic Teller Machines

Section 7. That Berkeley Municipal Code Section 23E.44.060 is amended to read as follows: 23E.44.060 Use Limitations* A. No Commercial Use shall operate except between the hours of 7:00 a.m. to 110:00

p.m., unless a Use Permit is obtained and is in accordance with Section 23E.16.010.

C‐NS District 23E.48


23E.48.030 Uses Permitted A. The following table sets forth the Permits required for each listed item. Each use or


Table 23E.48.030



Retail Sales


ZC * As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores). Also subject to numerical limitations listed in Table 23E.48.040


UP(PH) Including Liquor Stores and Wine Shops Includes sale for off-site consumption at restaurants

Department Stores

Over 3,000 s.f.

ZC*

Prohibited




Prohibited


UP(PH)

Smoke Shops UP (PH) Prohibited if within 1,400 feet of a school or public park


All Personal and Household ZC* As defined in Sub-title F,


Services, except those listed below

except those otherwise listed (does not include Massage)

Laundromats UP(PH)


UP(PH)


UP(PH)

Offices


UP(PH)


ZC*

When located on the ground floor adjacent to street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.


ZC*


UP(PH)

Medical Practitioners UP(PH) Including Holistic Health and Mental Health Practitioners. Subject to parking requirements; see Table 23E.48.080


AUP** When located on the ground floor adjacent to street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.


ZC*



UP(PH)





Alcoholic Beverage Service (no Bars, Cocktail Lounges, or Taverns allowed)

UP(PH) Service of distilled alcoholic beverages may be approved only for Full Service Restaurants



UP(PH)


UP(PH)AUP**


UP(PH)




Under 1,000 s.f.

UP(PH)AUP**

ZC


Under 1,000 s.f.

UP(PH)AUP**

ZC

Subject to parking requirements; see Section 23E.48.080


Under 1,000 s.f.

UP(PH)AUP**

ZC


UP(PH)AUP** Not allowed on ground floor adjacent to street frontage; When located on the ground floor adjacent to street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian


viewing a minimum of 10 feet into the storefront area; not to exceed 2,500 sq. ft.

Gyms and Health Clubs AUP**UP(PH) Not allowed on ground floor adjacent to street frontage; not to exceed 2,500 sq. ft.


UP(PH)



Prohibited




Prohibited


Prohibited


Prohibited


Prohibited


UP(PH)


Prohibited


Prohibited







Automatic Teller Machines

AUP Exterior and when part of a Retail Financial Service

Drive-in Uses

UP(PH) Providing service to customers in their cars. See definition in Sub-title F

Parking Lots UP(PH)


AUP

Sidewalk Cafe Seating AUP

Subject to additional requirements; see Chapter 23E.24


Live/Work Units


ZC


UP(PH)


UP(PH)

Subject to the standards under Sections 23E.48.070.E and 23E.48.080.D



UP(PH)


UP(PH)

Live Entertainment

Unamplified

Amplified

ZC

UP(PH)

Except unamplified background music is allowed by right

Manufacturing Uses Prohibited


AUP

Wholesale Activities Prohibited






Clubs, Lodges Prohibited



UP(PH) Subject to the standards under Section 23E.48.070.F


UP(PH) Subject to the standards under Section 23E.48.070.F



UP(PH)





UP(PH)






New Construction

ZC

AUP

UP(PH)

Change of Use from an existing dwelling unit

Miscellaneous Uses



UP(PH)


Prohibited




Commercial Excavations UP(PH) Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas


UP(PH)





UP(PH)


UP(PH)


Prohibited






Legend:






* Change of Use of floor area between 2,000 and 3,000 sq. ft. shall require an AUP; over 3,000 sq. ft. shall require a UP(PH)

** Change of Use of floor area over 3,000 sq. ft. shall require a UP(PH)

B. Any use not listed that is compatible with the purposes of the C-NS District shall be

permitted subject to securing a Use Permit. Any Use that is not compatible with the purposes of the C-NS District shall be prohibited.


building, or portion of building, shall be subject to the Permit requirements as listed in the legend of Table 23E.48.030.

Section 9 That Berkeley Municipal Code Section 23E.48.040 is amended to read as follows: 23E.48.040 Special Provisions -- Numerical Limitations A. The following uses shall be subject to numerical limitations, set forth below. No

sSuch limitations may be exceeded if unless the Board issues a Use Permit and makes the findings under Section 23E.48.090.C.:

Table 23E.48.040


Use Number limit Type of Permit

Clothing Stores, including Hats, Shoes and Accessories

20 Zoning Certificate

Food Product Stores -- Specialized, including Bakeries

12 Zoning Certificate

Food Service Establishments

27 Use PermitAUP



23E.48.060 Use Limitations* A. No commercial use shall operate except between the hours of 7:00 a.m. to 101:00

p.m., unless a Use Permit is obtained and is in accordance with Section 23E.16.010. Section 11. That Berkeley Municipal Code Section 23E.48.090 is amended to read as follows: 23E.48.090 Findings A. In order to approve any Use Permit under this chapter, the Zoning Officer or Board

must make the finding required by Section 23B.32.040. The Zoning Officer or Board must also make the findings required by the following paragraphs of this section to the extent applicable:

B. A proposed use or structure must:

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

2. Be compatible with the purposes and the existing character of the district. In

addition, such action and its effects will not: 3. Interfere with the continuity of retail or compatible service facilities at the ground

level; 4. Exceed the amount and intensity of use that can be served by available traffic

capacity and potential parking supply; 5. Result in domination of this district by one type of use in one block or small area

of the district. (Ord. 6478-NS § 4 (part), 1999)

C. In order to approve for a Use Permit under Section 23E.48.040.A to be granted for an exception to exceed a numerical limitation for a use, the following findings must be made:

1. The exception will shall result in the positive enhancement of the purposes of the

District, as evidenced by neighborhood resident and merchant support; and 2. Marketing surveys or other information indicate ing probable substantial

patronage by surrounding residents.

C‐SA District 23E.52



Table 23E.52.030



Retail Sales





No sales of distilled alcoholic beverages are allowed along Adeline Street south of Ashby Avenue

Department Stores

Over 3,000 s.f.

ZC*

UP(PH)



Pawn Shops Prohibited Including Auction Houses

Pet Stores UP(PH) Including Sales and Grooming of Animals (but not Boarding)



All Personal and Household Services, except those listed

ZC* As defined in Sub-title F, except those otherwise listed


below (does not include Massage)

Laundromats AUP**

Veterinary Clinics UP(PH) Including Pet Hospitals


UP(PH)

Offices

Check Cashing Stores UP(PH)


ZC* Not including Check Cashing stores


ZC*


ZC* Subject to parking requirements; see Table 23E.52.080


ZC*




AUP For on- site consumption only


UP(PH) Includes service of distilled spirits incidental to food service

No service of distilled alcoholic beverages is allowed along Adeline Street south of Ashby Avenue, except as incidental to meals in Full Service Restaurants only

Amusement Device Arcades UP(PH) Subject to additional requirements; see Section 23E.16.050

Commercial Recreation UP(PH)


Center


UP(PH)ZC*


UP(PH) Including Nightclubs



Under 1,000 s.f.

UP(PH)AUP**

ZC


Under 1,000 s.f.

UP(PH)AUP**

ZC

Subject to parking requirements; see Table 23E.52.080


Under 1,000 s.f.

UP(PH)AUP**

ZC


AUP

ZC*

Gyms and Health Clubs UP(PH)ZC*

Hotels, Tourist UP(PH) Including Inns, Bed and Breakfasts and Hostels


Theaters UP(PH) Including Motion Pictures and Stage Performance




Prohibited


Prohibited


Prohibited


Prohibited



UP(PH)


Prohibited


Prohibited Including Boats






Automatic Teller Machines AUP Exterior and when part of a Retail Financial Service

Drive-in Uses UP(PH) Which provide service to customers in their cars; see definition in Sub-title 23F

Parking Lots, Parking Structures

UP(PH)


AUP



Live/Work Units UP(PH) Subject to the standards of Chapter 23E.20

Mixed Use Developments:

(Residential/Commercial) of less than 5,000 sq. ft.

ZC Subject to the standards of Section 23E.52.070.D.1-6

(Residential/Commercial) of 5,000 sq. or more

UP(PH) Subject to the standards of Section 23E.52.070.D.7



UP(PH)

Food or Beverage for AUPZC


Immediate Consumption

Live Entertainment

Unamplified

Amplified

ZC

AUP



AUP











UP(PH) Standards may be modified under 23E.52.070.E



UP(PH)





UP(PH)



Senior Congregate Housing ZC Change of use from an


Six or fewer people

Seven or more people

New construction

AUP

UP(PH)

existing dwelling unit

Miscellaneous Uses



UP(PH)


Prohibited





Prohibited





UP(PH)


UP(PH)

Warehouses or Storage, including Mini-storage Warehouses

Prohibited

Wireless Telecommunications

AUP Subject to the requirements and findings of Section


Facilities


23C.17.100



Legend:







B. Any use not listed that is compatible with the purposes of the C-SA District shall be

permitted subject to securing a Use Permit. Any use that is not compatible with the purposes of the C-SA District shall be prohibited.


building, or portion of building, shall be subject to the permit requirements as listed in the legend of Table 23E.52.030.

C‐SO District 23E.60

Section 13. That Berkeley Municipal Code Section 23E.56.030 is amended to read as follows: 23E.56.030 Uses Permitted A. The following table sets forth the permits required for each listed item. Each use or

structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH)), or is Prohibited.

Table 23E.56.030


Use Classification Special Requirments (if any)

Retail Sales


ZC As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores)


Prohibited Including Liquor Stores and Wine ShopsIncludes sale for off-site consumption at restaurants

Department Stores

Over 3,000 s.f.

ZC

UP(PH)

Drug Paraphernalia (any use involving the sale or distribution thereof)

Prohibited As defined in California Health and Safety Code Section 11364.5(d)



Pawn Shops Prohibited Including Auction Houses

Pet Stores UP(PH) Including Sales and Grooming of Animals (but not Boarding)



All Personal and Household ZC As defined in Sub-title F,


Services, except those listed below

except those otherwise listed (does not include Massage). Also subject to numerical limitations listed in Table 23E.56.040

Laundromats AUP*


Video Tape/Dik Rental Stores

AUP*

Offices


AUP*


ZC When located on the ground floor adjacent to street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.


ZC


AUP*


AUPUP(PH) When located on the ground floor adjacent to street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.Prohibited on the ground floor adjacent to street frontage. Also s

Subject to parking requirements under Section 23E.56.080

Other Professionals and AUPUP(PH) When located on the ground


Government, Institutions, Utilities

floor adjacent to street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.Prohibited on the ground floor adjacent to street frontage.




AUP For on- site consumption only


UP(PH) Service of distilled alcoholic beverages may be approved for full service restaurants only



AUP*


ZCAUP*






Under 1,500 s.f.

AUP*

ZC


Over 1,500 s.f.

AUP*ZC

Prohibited



Under 1,500 s.f.

AUP*

ZC

Group Class Instruction for Business, Vocational or

ZCAUP* Not allowed on ground floor adjacent to street frontage


Other Purposes

Gyms and Health Clubs ZCAUP*





UP(PH) Prohibited on the ground floor adjacent to street frontage


Automobile Parts Stores ZC Excluding service of auto parts

Automobile Repair and Service

Prohibited


Prohibited


Prohibited


Prohibited

Automobile/Motorcycle Parts Service

UP(PH)


Prohibited Except when located in a parking structure

Motorcycle Stores Prohibited Including Sales and/or Service


Prohibited




Not abutting R-District AUP*


Automatic Teller Machines AUP* Exterior and when part of a


Retail Financial Service

Drive-in Uses Prohibited Which provide service to customers in their cars. See definition in Sub-title 23F

Parking Lots, Parking Structures

UP(PH)


AUP*

Sidewalk Cafe Seating AUP* Subject to additional requirements; see Chapter 23E.24


Live/Work Units


ZC


UP(PH)


UP(PH) Subject to Section 23E.56.070.D


Amusement Devices (up to 3)

AUP*


AUP* Treated as a food service establishment and subject to numerical limitations in Table 23E.56.040

Live Entertainment

Unamplified

Amplified

ZC

AUP*

Manufacturing Uses AUP*


AUP*

Wholesale Activities AUP*









UP(PH) Allowed above the ground floor only. Standards may be modified under Section 23E.56.070.E


UP(PH) Allowed above the ground floor only. Standards may be modified under Section 23E.56.070.E



UP(PH)





UP(PH)






New Construction

ZC

AUP*

UP(PH)


Miscellaneous Uses



UP(PH)

Cemeteries, Crematories, Prohibited


Mausoleums





Prohibited


Laboratories Prohibited Except photographic processing laboratories



UP(PH)


UP(PH)

Warehouses or Storage, including Mini-storage Warehouses

Prohibited







Legend:


AUP -- Administrative Use Permit *



* For the purposes of the C-T zoning district, uses established by AUP require public notification of a decision within a 300 foot radius of the subject property.

B. Any use not listed that is compatible with the purposes of the C-T District shall be

permitted subject to securing an Administrative Use Permit. Any use that is not compatible with the purposes of the C-T District shall be prohibited.


23E.56.040 Special Provisions -- Numerical Limitations A. The following uses shall be subject to the numerical and size limitations set forth

below:

Table 23E.56.040

Numerical and Size Limitations

Use Number limit Size limit (sq. ft.) Type of Permit

Barber/Beauty Shops 10 None Zoning Certificate


Carry Out Food Service

Quick Service Restaurants *


19

30

29

None

1,500

None

ZC/AUPUse Permit

ZCUse Permit

ZC/AUPUse Permit

Gift/Novelty Shops None 3,000 Zoning Certificate

*Quick Service Restaurants are also limited to a maximum customer seating capacity of 50 seats


B. The Board may approve a Use Permit to exceed the limitations in this Section (either numeric limitation or floor area) if it makes the findings under Section 23E.56.090.E.


23E.60.020 Purposes

The purposes of the Solano Avenue Commercial (C-SO) Districts are to: A. Implement the Master Plan’s designations for Community Commercial and

Commercial Service areas. B. Maintain a scale and balance of commercial activity on Solano Avenue that will

enhance the surrounding neighborhood and serve its residents, and will operate:

1. To encourage the location of businesses on Solano Avenue that serve the everyday needs of local residents;

2. To discourage the location of businesses on Solano Avenue that serve a larger

regional clientele, and should more appropriately be located in the Central Business District;

3. To limit the number of businesses on Solano Avenue that generate traffic or

parking demand in excess of commercial parking availability, causing the overflow of traffic circulation and parking onto adjacent residential streets;

4. To encourage location of late night commerce in appropriate areas in Berkeley,

such as the downtown area and, allow businesses to address demand for late night service on Solano Avenue by establishing a 110:00 p.m. closing time for businesses on Solano Avenue;

5. To ensure that all construction, alterations, or additions to buildings will be in

functional and aesthetic harmony with adjacent buildings and areas.

C. To protect local residents from commercial noise, offensive odors and parking and traffic problems. (Ord. 6478-NS § 4 (part), 1999)


structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use


Permit (AUP), a Use Permit approved after a public hearing (UP(PH)) or is Prohibited.

Table 23E.60.030



Retail Sales




UP(PH) Including Liquor Stores and Wine ShopsIncludes sale for off-site consumption at restaurants

Department Stores

Over 3,000 s.f.

ZC*

Prohibited



Pawn Shops Prohibited


UP(PH)





Laundromats UP(PH)



UP(PH)

Offices



UP(PH)


ZC* When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.


ZC*


UP(PH)

Medical Practitioners, including Holistic Health & Mental Health Practitioners


Other Professionals, and Government, Institutions, Utilities

AUP** When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area.


ZC*


UP(PH)






Alcoholic Beverage Service (no Bars, Cocktail Lounges, & Taverns)

UP(PH) Service of distilled alcoholic beverages may be approved for full service restaurants only



UP(PH)


UP(PH)AUP**




Subject to numerical limitations listed in Table

23E.60.040

Subject to numerical limitations listed in Table 23E.60.040


Under 1,000 s.f.

UP(PH)AUP**

ZC


Under 1,000 s.f.

UP(PH)AUP**

ZC



Under 1,000 s.f.

UP(PH)AUP**

ZC


UP(PH)AUP**

Gyms and Health Clubs AUP**UP(PH)

Hotels, Tourist UP(PH) Including Inns, Bed and Breakfasts and Hostels, subject to parking requirements; see Section 23E.60.080


Theaters Prohibited Including Motion Pictures and Stage Performance





Prohibited


Prohibited


Prohibited


Prohibited


UP(PH)

Motorcycle Stores (sales or service)

Prohibited


Prohibited






Automatic Teller Machines (exterior and when part of a Retail Financial Service)

AUP Limited to 2 machines and only when off-street parking is provided

Drive-in Uses UP(PH) Which provide service to customers in their cars. See definition in Sub-title 23F

Parking Lots

5 or fewer Off-street Parking Spaces

AUP

More than 5 Off-street Parking Spaces

UP(PH)


AUP

Sidewalk Cafe Seating AUP Subject to requirements under Chapter 23E.24



Live/Work Units


ZC


UP(PH)


UP(PH) Subject to Section 23E.60.070.E



UP(PH)


UP(PH) Treated as a food service establishment and subject to numerical limitations listed in Table 23E.60.040

Live Entertainment

Unamplified

Amplified

ZC

AUP

Also subject to the limitations under Section 23E.60.060.D.2



AUP






Clubs, Lodges Prohibited









UP(PH)





UP(PH)






New Construction

ZC

AUP

UP(PH)


Miscellaneous Uses

Automatic Teller Machines Prohibited When not a part of a Retail Financial Service


UP(PH)


Prohibited



Commercial Excavation UP(PH) Including earth, gravel, minerals, or other building materials including drilling


for, or removal of, oil or natural gas


Prohibited


Laboratories, Testing Prohibited Except medical office laboratories



UP(PH)


UP(PH)






Legend:

ZC – Zoning Certificate

AUP – Administrative Use Permit

UP(PH) – Use Permit, public hearing required

Prohibited – Use not permitted



B. Any use not listed that is compatible with the purposes of the C-SO District shall be

permitted subject to securing a Use Permit. Any use that is not compatible with the purposes of the C-SO District shall be prohibited.


C. The initial establishment or change of use of floor area of an existing non-residential building, or portion of building, shall be subject to the permit requirements as listed in the legend of Table 23E.60.030.

Section 17. That Berkeley Municipal Code Section 23E.60.040 is amended to read as follows: 23E.60.040 Special Provisions – Numerical Limitations A. The following uses are subject to numerical limitations and also to the requirements

of Section 23E.60.030.

Table 23E.60.040


Use Number limit Type of Permit

Food Service Establishments

12 Use Permit

B. No limitation under this section shall be exceeded unless the Board issues a Use Permit and makes the findings under Section 23E.60.090.C.

C. The provisions of this section, 23E.60.040, shall be suspended until July 31, 2015. Section 18. That Berkeley Municipal Code Section 23E.60.060 is amended to read as follows: 23E.60.060 Use Limitations* A. No Commercial use shall operate except between the hours of 7:00 a.m. to 110:00

p.m., unless a Variance is obtained and in accordance with Section 23E.16.010.

C‐W District 23E.64

Section 19. That Berkeley Municipal Code Section 23E.64.030 is amended to read as follows: 23E.64.030 Uses Permitted A. The following table sets forth the Permit required for each listed item. Each use or

structure shall be subject to a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH)) or is Prohibited.

Table 23E.64.030


Uses Permits Required to Establish, Expand or Change Use (sq. ft.)

Special Requirements

(if any)

Retail Sales

Retail uses as defined Sub-title 23F, except otherwise listed.

Under 3,500

3,500-7,500

7,500 or more

All Retail Sales Uses, except those specified below

ZC AUP UP(PH)** **Except when part of a combination commercial/residential use; see Mixed Use Development heading






UP(PH)



Under 3,000

3,000-5,000

5,000 or more


All Personal/Household Services, except as specified below

ZC AUP UP(PH) As defined in Sub-title 23F, unless otherwise specified

Laundromats and Cleaners

AUP UP(PH) Dry Cleaning plants prohibited

Veterinary Clinics UP(PH)


UP(PH)

Office Uses

Office uses other than banks prohibited on ground floors in designated nodes.

Under 3,000

3,000-5,000

5,000 or more

All Office Uses, except those specified below

ZC AUP UP(PH)

Business Support Services

ZC AUP UP(PH) See definition in Sub-title F for permitted uses


UP(PH)AUP


ZC AUP UP(PH) Subject to parking requirements under Section 23E.64.080.F


Adult-oriented Businesses

UP(PH) Prohibited on lots with frontage on San Pablo Ave. Other locations subject to distance requirements of Section 23E.16.030



Alcoholic Beverage Service

UP(PH)

Including Bars, Cocktail Lounges and Taverns. Also includes service of


alcoholic beveragesdistilled spirits incidental to food service


UP(PH) Subject to additional requirements; see Section 23E.16.050


UP(PH)


AUPZC UP(PH) if 7,500 or more sq. ft.


UP(PH) Includes Nightclubs



Under 1,500 s.f.

AUP

ZC

Food service drive-through prohibited on San Pablo. See Section 23E.64.040.C & E. Also see Section 23E.64.090.H for special findings


Under 1,500 s.f.

AUP

ZC UP(PH)

Food service drive-through prohibited on San Pablo. See Section 23E.64.040.C & E. Also see Section 23E.64.090.H for special findings.


Under 1,500 s.f.

ZC

Subject to additional parking requirements; see Section 23E.64.080.F

If under 1,501-2,500 s.f.sq. ft.

AUP Subject to additional parking requirements; see Section 23E.64.080.F

If Over 2,501 s.f.0 sq. ft. or more

UP(PH)

Group Class Instruction for Business, Vocational, or Other Purposes

UP(PH)ZC

Gyms and Health ZCUP(PH) UP(PH) if 7,500 or more


Clubs sq. ft.

Hotels, Tourist, including Inns, Bed and Breakfasts, and Hostels

UP(PH) Subject to parking requirements; see Section 23E.64.080.F

Motels, Tourist UP(PH) Subject to parking requirements; see Section 23E.64.080.F


UP(PH)


On lots with frontage on San Pablo Avenue, changes of use from uses other than Automobile and Other Vehicle Oriented Uses prohibited, as provided in Section 23E.64.060.E. Auto parts sales is a retail use.

Less than 5,000 sq. ft. floor area and less than 10,000 sq. ft. of lot area

Either 5,000 or more sq. ft. of floor area; or 10,000 or more sq. ft. of lot area

Automobile and Truck Rentals

AUP UP(PH) Prohibited in designated nodes


AUP UP(PH)

Automobile Restoration, Antique and Classic Cars

AUP UP(PH)

Automobile Sales AUP UP(PH)

Automobile Used Car Establishments

UP(PH) Prohibited in designated nodes unless principally in buildings


UP(PH) Prohibited in designated nodes


Prohibited


UP(PH)


Motorcycle Stores, including Sales, Parts and/or Service

UP(PH)


AUP UP(PH)

Tire Sales/Service Stores

UP(PH) Prohibited in designated nodes; see Section 23E.64.050.C


Activities or Storage outside of a building

When not abutting R-District and using 10,000 sq. ft. or less of lot area

AUP Activities must be permitted or incidental to permitted use in the District

When abutting R-District or 10,000 sq. ft. of lot area or more

UP(PH)


AUP Exterior and when part of a Retail Financial Service

Drive-in uses Prohibited Providing service to customers in their cars

Open Air Markets UP(PH) Prohibited in designated nodes. See Section 23E.64.050.C

Parking Lots

10 or fewer spaces AUP

11 or more spaces UP(PH)


AUP

Combination Commercial/Residential and other Mixed Uses

The area within a Live/Work Unit, including both residential and non-residential space, shall be not less than 800 sq. ft. A UP(PH) is required in some cases; see Chapter 23E.20.


Live/Work Units

9 or fewer AUP If not changed from a dwelling unit

10 or more UP(PH) And/or if changed from a dwelling unit

Mixed Use Developments

Incorporating residential and retail; where the retail space comprises at least 15% but not more than 33% of the floor area

AUP if less than 20,000 sq. ft. floor area

UP(PH) if 20,000 sq. ft. or more floor area

Other Mixed Use Developments incorporating residential use and other permitted uses

ZC if less than 5,000 sq. ft. AUP if 5,000-9,000 sq. ft.


Amusement Devices (up to 3)

AUP


AUPZC

Live Entertainment

Unamplified

Amplified

ZC

UP(PH)

See performance standards in Section 23E.64.070.E


AUP

Residential and Related Uses

Additions, Major Residential

AUP See definition in Sub-title 23F. Subject to required finding under Section 23E.64.090.G


Child Care; Family Day Care

Small Family Day Care Homes of 8 or fewer children

ZC

Large Family Day Care Homes of 9 to 14 children

AUP



Community Care Facilities/Homes

ZC


Dwelling Units UP(PH) Subject to Development Standards under Section 23E.64.070

Group Living Accommodations

UP(PH) Subject to Development Standards under Section 23E.64.070

Home Occupations

Low Impact ZC If the requirements of Section 23C.16.020 are met

Moderate Impact, teaching-related

AUP Subject to the requirements of Section 23C.16.030.A

Moderate Impact UP(PH) Subject to the requirements of Section 23C.16.030.B

Hospitals UP(PH) Subject to parking requirements; see Section 23E.64.080.F

Hot Tubs, Jacuzzis, Spas

AUP See Section 23D.08.070.C

Hotels, Residential, including Single Room Occupancy (SRO)

UP(PH)

Libraries UP(PH) Subject to parking requirements; see


Section 23E.64.080.F

Nursing Homes UP(PH)

Parks and Playgrounds

AUP


UP(PH)

Religious Assembly Uses

AUP

Schools, Public or Private

UP(PH)


Six or fewer persons ZC

AUP

UP(PH)



New Construction

All other Residential Accessory Structures and Uses not listed


Miscellaneous Uses


AUP When not part of a Retail Financial Service


AUP

Cemeteries and Mausoleums

Prohibited


Circus or Carnival UP(PH) Prohibited in designated


nodes. See Section 23E.64.050.C

Commercial Excavation

Prohibited Including earth, gravel, minerals or other building materials including drilling for, or removal of, oil or natural gas


Prohibited

Kennels or Pet Boarding

UP(PH) Prohibited on ground floor in designated node

Laboratories, Commercial Physical or Biological

Prohibited See Section 23E.64.030.C

Laboratories, Testing AUP if less than 10,000 sq. ft.

UP(PH) if more than 10,000 sq. ft.

Mortuaries and Crematories

UP(PH)

Public Utility Substations, Buildings, Tanks

UP(PH) Prohibited in designated node. See Section 23E.64.050.C


UP(PH) Prohibited on ground floor in designated node. See Section 23E.64.050.C







Light Manufacturing and Wholesale Trade Uses

Manufacturing uses prohibited on ground floors in designated nodes. See Section 23E.64.050.C

Light Manufacturing and Wholesale Trade Uses

5,000 or less sq. ft. AUP

5,000 sq. ft. or more UP(PH)

All Other Manufacturing Uses

UP(PH)

Warehouses or Storage (including Mini-storage Warehouses)

Prohibited

Legend:





B. Pursuant to the amendment to the West Berkeley Plan concerning 2929 Seventh

Street, also known as the Langendorf Building, Commercial Physical and Biological Laboratories shall be permitted on that property, with a Use Permit, provided that the total floor area, both in this District and in the MU-LI District, on the property occupied by uses permitted in this District shall not be less than 6,000 square feet.

C. Any use not listed that is compatible with the purposes of the C-W District shall be

permitted subject to securing an Administrative Use Permit. Any use that is not compatible with the purposes of the C-W District shall be prohibited.

Section 20. That Berkeley Municipal Code Sub-Section 23E.64.040.C is amended to read as follows: 23E.64.040 Special Provisions: Designated Nodes* C. The following locations, insofar as they are located within the C-W District, are

designated as nodes subject to the requirements of Paragraphs D and E:

1. Gilman and San Pablo, including all lots with frontage on San Pablo Avenue between Harrison and Camelia Streets and all lots with frontage on Gilman Street between the eastern border of C-W District and 10th Street;

2. Cedar and San Pablo, including all lots with frontage on San Pablo Avenue

between Virginia and Jones Streets;


3. University and San Pablo, including all lots with frontage on San Pablo Avenue

between Hearst Street and (on the east side of San Pablo Avenue) Cowper Street (and the continued centerline of Cowper Street on the west side of San Pablo Avenue). Also including all lots on University Avenue between 9th Street and the eastern edge of the C-W District;

4. Dwight and San Pablo, including all lots with frontage on San Pablo Avenue

between the point 100 feet north of Dwight Way and Parker Street and all lots with frontage on Dwight Way between the eastern edge of the C-W District and the point 135 feet west of San Pablo Avenue;

5. Ashby and San Pablo, including all lots with frontage on San Pablo Avenue

between Burnett Street (or the continued line of Burnett Street on the west side of San Pablo Avenue) and the City limit and all lots with frontage on Ashby Avenue between the eastern edge of the C-W District and 9th Street;

6. 4th Street and University, including all lots in the area of the C-W District

bounded by 3rd Street on the west, 5th Street on the east, the northern border of the C-W District to the north and Addison Street to the south.

Section 21. That Berkeley Municipal Code Sub-Section 23E.64.060.A is amended to read as follows: 23E.64.060 Use Limitations* A. No commercial use shall operate except between the hours of 7:00 a.m. and 110:00

p.m. unless a Use Permit is obtained; provided, however, if the use is located within a designated node, the use may operate between 6:00 a.m. and 7:00 a.m. and/or 110:00 p.m. and 12:00 midnight with a Zoning Certificaten Administrative Use Permit.

Section 22 That Berkeley Municipal Code Section 23E.68.030 is amended to read as follows:

23E.68.030 Uses Permitted A. The following table sets forth the Permits required for each listed item. Each use or

structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH)), or is prohibited. For uses within the Downtown Arts District Overlay, also refer to Section 23E.68.040.

Table 23E.68.030



Retail Sales


ZC* As defined in Sub-title 23F, except otherwise listed (does not include Video Rental Stores)

Alcoholic Beverage Retail Sales, including liquor stores and wine Shops

UP(PH) Including Liquor Stores and Wine ShopsIncludes sale for off-site consumption at restaurants

Department Stores

Under 7,500 s.f.

AUP*

ZC




UP(PH)


UP(PH)



All Personal and Household Services, except those listed

ZC* As defined in Sub-title 23F, except those otherwise listed

below (does not include Massage)

Laundromats AUP*



ZC

Offices


Under 7,500 s.f.

AUP*UP(PH)

ZC


ZC*

Medical Practitioners

ZC*

Including Holistic Health and Mental Health Practitioners


ZC*


Adult-Oriented Businesses

UP(PH)

Subject to additional requirements; see Section 23E.16.030


AUP

If located more than 200 feet from a Residential District and involves only on- site sale or service and For on-site consumption only.


UP(PH)

If located 200 feet or less from a Residential District or involves sale for off-site consumption.

Alcoholic Beverage Service, including Bars, Cocktail Lounges, and Taverns

UP(PH)

Includes service of distilled spirits incidental to food service.


UP(PH)

Subject to additional requirements; see Section 23E.16.050

Commercial Recreation UP(PH)

Center


AUP*ZC




Subject to additional requirements; see Section 23E.68.040.C


Under 2,000 s.f.

AUP*

ZC



AUP

ZC

See Alcoholic Beverage Service above.


If over 200 ft. from an R-DistrictUnder 2,000 s.f.

AUP

ZC

See Alcoholic Beverage Service above.


ZC

Gyms and Health Clubs

Under 7,500 s.f.

AUP

ZC



Motels, Tourist



AUP


Automobile Parts Stores

ZC* Excluding service of auto parts

Automobile Repair and AUP* Including Parts Service

Service


AUP*


UP(PH)


Prohibited


UP(PH)

Motorcycle Stores

UP(PH) Including Sales and/or Service


UP(PH) Including Boats

Tire Sales/Service Stores UP(PH)


Activities or Storage Outside of a building:

When not abutting R-District

AUP


Automatic Teller Machines AUP Exterior and when part of a Retail Financial Service

Drive-in uses UP(PH) Which provide service to customers in their cars

Parking Lots:

Five or fewer Off-street Parking Spaces

AUP

More than five Off-street Parking Spaces

UP(PH)


AUP



Live/Work Units


ZC


UP(PH)


UP(PH) Subject to Section 23E.68.070.D



AUP


ZCAUP

Live Entertainment

Unamplified

Amplified

ZC

AUP



AUP





Child Care Centers AUP







Hospitals UP(PH)


UP(PH)

Libraries UP(PH)

Nursing Homes

UP(PH) Subject to parking requirements; see Section 23D.44.080



UP(PH)



Senior Congregate Housing:



New Construction

ZC

AUP

UP(PH)

Change of use of an existing dwelling unit

Miscellaneous Uses



UP(PH)


Prohibited





UP(PH)


Laboratories, Testing AUP*

Mortuaries UP(PH)


UP(PH)

Radio, Television or Audio/Sound

Recording Studios

AUP

Broadcast Studios UP(PH)


UP(PH)






Legend: *Change of Use Requirements




Sq. ft. Permit

North, Oxford, South or West Sub-area ┼

10,000-15,000

AUP

15,000+ UP(PH)

Core Sub-area ┼ 10,000-25,000 AUP

25,000+ UP(PH)

┼ as identified in Downtown Plan

B. Any use not listed that is compatible with the purposes of the C-2 District shall be permitted subject to securing an Administrative Use Permit. Any use that is not compatible with the purposes of the C-2 District shall be prohibited.


building, or portion of building, shall be subject to the following permit requirements as listed in the legend of Table 23E.68.030.


23E.16.040 Alcoholic Beverages A. No alcoholic beverage sales or alcoholic beverage service may be commenced or

increased in any way unless authorized by a Use Permit, except where food service establishments with incidental beer and/or wine service may be authorized by an Administrative Use Permit. except as provided for in Section 23E.68.030.

B. The following regulations apply to applications to commence or increase any alcoholic beverage sales or service in any District other than food service establishments with incidental beer and/or wine service. 1. As part of the application, the applicant must provide a list of all establishments

within a one thousand (1,000) foot radius which are in the same category of alcoholic beverage sales or service, as defined by the State Department of Alcoholic Beverage Control (ABC);

2. If there is any other establishment, other than a food service establishment with incidental service of beer and/or wine within a one thousand (1,000) foot radius of the site of the proposed use that is in the same category of alcoholic beverage sales or service, the Board shall not approve the application unless it makes all of the following findings of "Public Convenience or Necessity": a. The proposed establishment will promote the City’s economic health,

contribute to General Plan or Area Plan policies or further District purposes; b. The economic benefits associated with the establishment could not

reasonably be achieved without the proposed alcohol sales; c. The applicant has not operated a licensed establishment that has been the

subject of verified complaints or violations regarding alcohol, public safety or nuisance statutes or regulations, however, the Board may grant a Use Permit when there is record of only one complaint or violation against an applicant for on-sale restaurant service. In such cases, the Board shall take into consideration the circumstances of the complaint or violation and the concern of local neighborhood groups;

d. If the proposed establishment is located within one thousand (1,000) feet of any public park or Berkeley Unified School District (BUSD) school, the Board shall take into consideration the effect of the proposed establishment upon such sensitive public uses; and

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

C. Increases in alcoholic beverage uses or sales include, but are not limited to, adding the sales or service of distilled spirits to any existing sales or service of beer and/or wine, extending the hours of operation of any establishment that sells or serves any alcoholic beverage and adding to the capacity, floor area or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages. An increase in alcoholic beverage uses or sales does not include extending the hours of operation of any food service establishments with incidental beer and/or wine service.

Section 24. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Old City Hall, 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.

FINAL MINUTES OF REGULAR PLANNING COMMISSION MEETING April 27, 2011

- 1 -

Time: The meeting was called to order by Vice-Chair Eisen at 7:05 p.m. 1

Location: North Berkeley Senior Center – 1901 Hearst Avenue 2

ROLL CALL 3

Commissioners Present: Teresa Clarke, Patricia Dacey, Victoria Eisen, Larry 4 Gurley, Jim Novosel, Harry Pollack (arrived 7:10), Gene Poschman, Jim 5 Samuels, David Stoloff. 6

Commissioners Absent: None. 7

Staff Present: Harrison, Marks, Sanderson. 8

ORDER OF AGENDA – No changes 9

PUBLIC COMMENT PERIOD – 1 speaker. 10

PLANNING STAFF REPORT – None. 11

CHAIR and COMMITTEE REPORTS – None. 12

APPROVAL OF MINUTES 13

Motion/Second/Carried (GP/PD) to approve the draft minutes of the regular 14 meeting of April 6, 2011 with changes. Ayes: Clarke, Dacey, Gurley, Novosel, 15 Pollack, Poschman, Stoloff. Noes: None. Abstain: Eisen, Samuels. Absent: 16 None. 17

CONSENT CALENDAR - None. 18

AGENDA ITEMS 19

Item 9 (Public Hearing): Zoning Amendments to Encourage Economic 20 Development 21 22 Associate Planner Jordan Harrison provided a brief overview of the proposed 23 zoning amendments to encourage economic development. 24

Motion/Second/Carried to open the public hearing (GP/JS). Ayes: Clarke, Dacey, 25 Eisen, Gurley, Novosel, Pollack, Poschman, Samuels, Stoloff. Noes: None. 26 Abstain: None. Absent: None. 27

Public Comment: 12 speakers. 28

Motion/Second/Carried to close the public hearing (DS/GP). Ayes: Clarke, 29 Dacey, Eisen, Gurley, Novosel, Pollack, Poschman, Samuels, Stoloff. Noes: 30 None. Abstain: None. Absent: None. 31

Attachment 3


- 2 -

The Commission discussion and action was organized around the staff 32 recommended changes as enumerated in the April 27, 2011 Agenda Item 9 staff 33 report, dated April 13, 2011. “Zoning Changes to Encourage Economic 34 Development.” 35

Note: The following “change numbers” refer to the proposed zoning amendment 36 change descriptions as enumerated in the staff report. 37

Motion/Second/Carried to recommend to City Council that sidewalk seating be a 38 non-discretionary public works permit, change number 5 (GP/PD). Ayes: Clarke, 39 Dacey, Eisen, Gurley, Novosel, Pollack, Poschman, Samuels, Stoloff. Noes: 40 None. Abstain: None. Absent: None. 41

Motion/Second/Carried to recommend allowing permitting for beer and wine with 42 food with an AUP, change number 1 (DS/TC). Ayes: Clarke, Dacey, Eisen, 43 Gurley, Novosel, Pollack, Poschman, Samuels, Stoloff. Noes: None. Abstain: 44 None. Absent: None. 45

Motion/Second/Carried to recommend lowering permit review levels for 46 restaurants, change number 2 (DS/JN). Ayes: Clarke, Eisen, Gurley, Novosel, 47 Pollack, Samuels, Stoloff. Noes: Dacey, Poschman. Abstain: None. Absent: 48 None. 49

Motion/Second/Carried to recommend lowering permit review levels for 50 pedestrian-oriented uses (change number 3), delete the “video/DVD store” entry 51 for consistency, and delete the restrictions on ground-floor gyms and health clubs 52 in the C-NS (right-hand column of page 28) (DS/JS). Ayes: Clarke, Dacey, Eisen, 53 Gurley, Novosel, Pollack, Poschman, Samuels, Stoloff. Noes: None. Abstain: 54 None. Absent: None. 55

The Commissioners discussed which types of office uses should be allowed with 56 a ZC on the ground floor in commercial districts. Some indicated visitors bureaus 57 and accounting offices should be added; some indicated title companies should 58 be removed. 59

Motion/Second/Carried to recommend lowering permit review levels for offices on 60 the ground floor as proposed by staff, change number 4 (TC/JS). Ayes: Clarke, 61 Novosel, Pollack, Samuels, Stoloff. Noes: Dacey, Poschman. Abstain: Eisen, 62 Gurley. Absent: None. 63

Motion/Second/Carried to recommend extended evening business hours in the 64 commercial districts, change number 6 (JN/DS). Ayes: Clarke, Eisen, Novosel, 65 Pollack, Samuels, Stoloff. Noes: Dacey, Poschman. Abstain: Gurley. Absent: 66 None. 67

Motion/Second/Carried to recommend changes to quotas in the C-SO and C-NS 68 Districts, change number 7, with a 4 year suspension of quota restrictions rather 69


- 3 -

than 3 years in the C-SO (JS/TC). Ayes: Clarke, Eisen, Gurley, Novosel, Pollack, 70 Samuels, Stoloff. Noes: Dacey, Poschman. Abstain: None. Absent: None. 71

Commissioner Clarke recued herself from this topic. 72

Motion/Second/Carried to recommend the staff recommendation to modify the 73 Ashby Node, change number 8 (GP/PD). Ayes: Dacey, Eisen, Gurley, Novosel, 74 Pollack, Poschman, Samuels, Stoloff. Noes: None. Abstain: None. Absent: 75 Clarke. 76

Item 10 (Presentation/Discussion): Initial Vision Scenario of the Sustainable 77 Communities Strategy 78

Planning Director Dan Marks provided an overview of the Initial Vision Scenario 79 for the Sustainable Communities Strategy mandated by state Senate Bill 375. 80 The Commission discussed the sources and implications of the population 81 growth estimates, and asked to continue the discussion at a future meeting. 82

Public Comment: 1 speaker. 83

ADJOURNMENT 84

The meeting was adjourned at 10:05 pm 85

Commissioners in attendance: 9 86 Members of the public in attendance: 30 87 Public Speakers: 15 88 Length of the meeting: 3 hour 00 minutes 89

Documents

Planning Commission CONSENT CALENDAR · 6/14/2011 · Insurance Agents, Title companies, Real Estate Agents, and Travel Agents. Office uses that would be allowed with an AUP include