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

Use and Required Permits 

Use

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

Special Requirements

(if any)

Retail Sales

Retail uses as defined in 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

Alcoholic Beverage Retail Sales, including liquor stores and wine shops

UP(PH)

Includes sale for off-site consumption at restaurants

Firearm/Munitions Businesses

UP(PH)

Prohibited on any property devoted to residential use

Pawn Shops, including Auction Houses

UP(PH)

 

Smoke Shops

UP(PH)

Prohibited if within 1,400 feet of a school or public park

Personal and Household Services

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)

 

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

Financial Services, Retail (Banks)

AUP

 

Medical Practitioners, including Holistic Health and Mental Health Practitioners

ZC

AUP

UP(PH)

Subject to parking requirements under Section 23E.64.080.F

Non-Chartered Financial Institutions

UP(PH)

Subject to additional requirements; see Section 23E.16.080

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

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

AUP

For on-site consumption only

Alcoholic Beverage Service

UP(PH)

Including Bars, Cocktail Lounges and Taverns. Also includes service of distilled spirits incidental to food service

Amusement Device Arcades

UP(PH)

Subject to additional requirements; see Section 23E.16.050

Commercial Recreation Center

UP(PH)

Dance, Exercise, Martial Arts and Music Studios

ZC

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

Entertainment Establishments

UP(PH)

Includes Nightclubs

Food Service Establishments

 

Carry Out Food Service Stores

AUP

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

Under 1,500 s.f.

ZC

Quick Service Restaurants

AUP

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

Under 1,500 s.f.

ZC

Full Service Restaurants

 

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

Under 1,500 s.f.

ZC

1,501-2,500 s.f.

AUP

Over 2,501 s.f.

UP(PH)

Group Class Instruction for Business, Vocational, or Other Purposes

ZC

 

Gyms and Health Clubs

ZC

UP(PH) if 7,500 or more 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

Theaters, including Motion Pictures and Stage Performance

UP(PH)

 

Automobile and Other Vehicle Oriented Uses

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

Automobile Repair and Service, including Parts Service

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

Automobile Washes, Mechanical or Self-Service

UP(PH)

Prohibited in designated nodes

Automobile Wrecking Establishments

Prohibited

 

Gasoline/Automobile Fuel Stations

UP(PH)

 

Motorcycle Stores, including Sales, Parts and/or Service

UP(PH)

 

Recreational Vehicle and Trailers Sales and Rental, including Boats

AUP

UP(PH)

 

Tire Sales/Service Stores

UP(PH)

Prohibited in designated nodes; see Section 23E.64.050.C

Parking, Outdoor and Exterior Service Window Uses

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)

 

Automatic Teller Machines

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)

Recycling Redemption Centers

AUP

 

Outdoor Cafe Seating

 

Quick and Full-Service Restaurants only

When seating not abutting R-District

ZC

 

When seating abutting R-District

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.

Uses Incidental to a Permitted Use

Amusement Devices (up to 3)

AUP

 

Food or Beverage for Immediate Consumption

ZC

 

Live Entertainment

 

 

Unamplified

ZC

 

Amplified

UP(PH)

See performance standards in Section 23E.64.070.E

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

AUP

 

Residential and Related Uses

Accessory Dwelling Unit in compliance with Section 23C.24.050

ZC

 

Accessory Dwelling Unit that does not comply with requirements under Section 23C.24.050

AUP

Subject to making applicable findings in Section 23C.24.070

Additions, Major Residential

AUP

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

Short-Term Rental

ZC

Subject to requirements of Chapter 23C.22

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

Child Care Centers

UP(PH)

 

Clubs, Lodges

UP(PH)

Community Care Facilities/Homes

ZC

 

Community Centers

UP(PH)

 

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

 

Public Safety and Emergency Services

UP(PH)

 

Religious Assembly Uses

AUP

 

Schools, Public or Private

UP(PH)

 

Senior Congregate Housing

 

 

Six or fewer persons

ZC

Changes of use from an existing dwelling unit

Seven or more persons

AUP

New Construction

UP(PH)

All other Residential Accessory Structures and Uses not listed

Per R-3 District

See Table 23D.36.030

Accessory Buildings and Structures with Urban Agriculture

ZC

Subject to 23C.26, 23D.08.010, 23D.08.020, 23D.08.050, and 23D.08.060

Miscellaneous Uses

Automatic Teller Machines

AUP

When not part of a Retail Financial Service

Cafeteria, Employee or Residential

AUP

 

Cemeteries and 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)

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

Dry Cleaning and Laundry Plants

Prohibited

 

Emergency Shelter

 

 

 

See Chapter 23C.10.

Up to 25 beds

 

ZC

 

More than 25 beds

 

UP(PH)

 

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 (including Cannabis 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

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

UP(PH)

Prohibited on ground floor in designated node. See Section 23E.64.050.C

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 and findings of Section 23C.17.100

All Other Telecommunication Facilities

UP(PH)

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

Urban Agriculture

 

Subject to 23C.26

Low-Impact Urban Agriculture (LIUA)

ZC

 

High-Impact Urban Agriculture (HIUA)

ZUP

 

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 (including Cannabis Distributors)

 

 

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:

ZC – Zoning Certificate

UP(PH) – Use Permit, public hearing required

AUP – Administrative Use Permit

Prohibited – Use not permitted

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. (Ord. 7625-NS § 5, 2018; Ord. 7620-NS § 18, 2018; Ord. 7599-NS § 27, 2018; Ord. 7521-NS § 15, 2017; Ord. 7425-NS § 18, 2015; Ord. 7322-NS § 12, 2013; Ord. 7204-NS § 10, 2011; Ord. 7191-NS § 19, 2011: Ord. 7155-NS § 16, 2010; Ord. 7129-NS § 16, 2010; Ord. 6909-NS § 9 (part), 2006: Ord. 6848-NS § 13 (part), 2005: Ord. 6675-NS § 1, 2002: Ord. 6671-NS § 7, 2001: Ord. 6669-NS § 1, 2001: Ord. 6644-NS § 3, 2001: Ord. 6478-NS § 4 (part), 1999)