ORDINANCE NO. 7,191 N.S.

ORDINANCE NO. 7,191 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 (), an Administrative Use Permit (), a Use Permit approved after a public hearing () or is. Table 23E.36.030 Use and Required Permits Use Classification Special Requirements (if any) Retail Sales All Retail Sales Uses, except those listed below Alcoholic Beverage Retail Sales including Liquor Stores and Wine Shops * As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores) Includes sale for off-site consumption at restaurants within the University Avenue Strategic Plan Overlay (unless in conjunction with a restaurant or general food product store) Ordinance No. 7,191-N.S. Page 1 of 73

Department Stores Firearm/Munitions Businesses Pawn Shops, including Auction Houses Pet Stores, including Sales and Grooming of Animals (but not Boarding) * on any property devoted to residential use within the University Avenue Strategic Plan Overlay Smoke Shops if within 1,400 feet of a school or public park Personal and Household Services All Personal and Household Services, except those listed below Laundromats Veterinary Clinics, including Pet Hospitals Offices Financial Services, Retail (Banks) Insurance Agents, Title Companies, Real Estate Agents, Travel Agents Medical Practitioners, including Holistic Health and Mental Health Practitioners Other Professionals, and Government, Institutions, Utilities * As defined in Sub-title F, except those otherwise listed (does not include Massage) ** ** * * * Subject to parking requirements; see Table 23E.36.080 Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses Adult-oriented Businesses Subject to additional requirements; see Section 23E.16.030 Alcoholic Beverage Service of beer and wine For on-site consumption Ordinance No. 7,191-N.S. Page 2 of 73

incidental to food service at quick and full service restaurants Alcoholic Beverage Service, including Bars, Cocktail Lounges, and Taverns Amusement Device Arcades Commercial Recreation Center Dance, Exercise, Martial Arts and Music Studios Entertainment Establishments, including Nightclubs Food Service Establishments: Carry Out Food Service Stores Under 1,500 s.f. Quick Service Restaurants Under 1,500 s.f. Full Service Restaurants Under 1,500 s.f. Group Class Instruction for Business, Vocational or Other Purposes Gyms and Health Clubs Under 7,500 s.f. Hotels, Tourist, including Inns, Bed and Breakfasts and Hostels * ** ** ** * ** * only Includes service of distilled spirits incidental to food service Subject to additional requirements; see Section 23.E.16.050 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 Subject to parking requirements; see Section 23E.36.080. Subject to parking requirements; see Section 23E.36.080. Subject to parking requirements; see Section 23E.36.080 Motels, Tourist Subject to parking Ordinance No. 7,191-N.S. Page 3 of 73

Theaters, including Motion Pictures and Stage Performance Automobile and Other Vehicle Oriented Uses requirements; see Section 23E.36.080 Automobile Parts Stores * Excluding service of auto parts. within the University Avenue Strategic Plan Overlay Automobile Repair and Service, including Parts Service Automobile Sales and Rentals Automobile Washes, Mechanical or Self-Service Automobile Wrecking Establishments Gasoline/Automobile Fuel Stations Motorcycle Stores, including Sales and/or Service Recreational Vehicle and Trailers Sales and Rental, including Boats ** ** ** within the University Avenue Strategic Plan Overlay within the University Avenue Strategic Plan Overlay within the University Avenue Strategic Plan Overlay within University Avenue Strategic Plan Overlay within University Avenue Strategic Plan Overlay Tire Sales/Service Stores within University Avenue Strategic Plan Overlay Parking, Outdoor and Exterior Service Window Uses Automatic Teller Machines Exterior and when part of a Retail Financial Service Drive-in Uses Providing service to customers in their cars. See definition in Sub-title F. within University Avenue Ordinance No. 7,191-N.S. Page 4 of 73

Activities or Storage outside of a building Not abutting R-District When abutting R-District Parking Lots: Five or fewer Off-street Parking Spaces More than five Off-street Parking Spaces Recycling Redemption Centers Strategic Plan Overlay Sidewalk Cafe Seating Subject to additional requirements; see Chapter 23E.24 Combination Commercial/Residential Uses Live/Work Units Not requiring a UP under Chapter 23E.20 Requiring a UP under Chapter 23E.20 Mixed Use Developments (Residential/Commercial) 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. Ordinance No. 7,191-N.S. Page 5 of 73

Uses Incidental to a Permitted Use Amusement Devices (up to three) Food or Beverage for Immediate Consumption Live Entertainment Unamplified Amplified Manufacturing Uses Storage of Goods (over 25% of gross floor area) Wholesale Activities Uses Permitted in Residential Districts Accessory Uses and Structures Child Care Centers Clubs, Lodges Community Centers Dwelling Units, subject to R-3 Standards Group Living Accommodations subject to R-3 Standards Per R-3 District See Table 23D.36.030 Standards may be modified under Section 23E.36.070.E. Residentialonly projects are prohibited within the University Avenue Node Overlay areas, and permitted within University Avenue Overlay Mixed Use areas. Standards may be modified under Section 23E.36.070.E Hospitals Subject to parking requirements; see Section 23E.36.080.C Hotels, Residential, including Single Room Occupancy (SRO) Hotels Libraries Subject to parking requirements; see Section Ordinance No. 7,191-N.S. Page 6 of 73

23E.36.080 Nursing Homes Subject to parking requirements; see Section 23E.36.080 Parks and Playgrounds Public Safety and Emergency Services Religious Assembly Uses Schools, Public or Private Senior Congregate Housing Six or fewer people Seven or more persons New Construction Miscellaneous Uses Changes of Use from an existing dwelling unit Automatic Teller Machines When not a part of a Retail Financial Service Cafeteria, Employee or Residential Cemeteries, Crematories, Mausoleums Columbaria Allowed with a 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 Commercial Excavation Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas Dry Cleaning and Laundry Plants Kennels or Pet Boarding Ordinance No. 7,191-N.S. Page 7 of 73

Laboratories, Testing Mortuaries Public Utility Substations, Tanks Radio, Television, or Audio/Sound Recording and/or Broadcast Studios 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 All Other Telecommunication Facilities Legend: -- Zoning Certificate -- Administrative Use Permit -- Use Permit, public hearing required -- Use not permitted ** within the University Avenue Strategic Plan Overlay Subject to the requirements of Section 23C.17.100 Subject to the requirements and findings of Section 23C.17.100 *Change of Use of floor area between 3,000 and 5,000 sq. ft. shall require an ; over 5,000 sq. ft. shall require a **Change of Use of floor area over 5,000 sq. ft. shall require a 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. Ordinance No. 7,191-N.S. Page 8 of 73

Section 2. That Berkeley Municipal Code Section 23E.36.060.A 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 12:00 midnight, except as authorized by an Administrative Use Permit, and in accordance with Section 23E.16.010. 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 structure shall be subject to either a Zoning Certificate (), an Administrative Use Permit (), a Use Permit approved after a public hearing () or is. Table 23E.40.030 Use and Required Permits Use Classification Special Requirements (if any) Retail Sales All Retail Sales Uses, except those listed below Alcoholic Beverage Retail Sales including liquor stores and wine shops Department Stores Over 3,000 s.f. Firearm/Munitions Businesses Pawn Shops, including Auction Houses Pet Stores, including Sales and Grooming of Animals (but not Boarding) * As defined in Sub-title F, except otherwise listed. (Does not include Video Rental Stores) Includes sale for off-site consumption at restaurants on any property devoted to residential use Ordinance No. 7,191-N.S. Page 9 of 73

Smoke Shops if within 1,400 feet of a school or public park Personal and Household Services All Personal and Household Services, except those listed below Laundromats Veterinary Clinics, including Pet Hospitals Offices Financial Services, Retail (Banks) Insurance Agents, Title Companies, Real Estate Agents, Travel Agents Medical Practitioners including Holistic Health and Mental Health Practitioners Other Professionals and Government, Institutions, Utilities * As defined in Sub-title F, except those otherwise listed (does not include Massage) * ** ** 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 Subject to additional parking requirements under Section 23E.40.080.B 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 Alcoholic Beverage Service of beer and wine incidental to food service at quick and full service restaurants Alcoholic Beverage Service, including Bars, Cocktail Lounges and Taverns For on-site consumption only Includes service of distilled spirits incidental to food service Ordinance No. 7,191-N.S. Page 10 of 73

Amusement Device Arcades Commercial Recreation Center Dance, Exercise, Martial Arts and Music Studios Entertainment Establishments Food Service Establishments: Carry Out Food Service Stores Under 1,000 s.f. Quick Service Restaurants Under 1,000 s.f. Full Service Restaurants Under 1,000 s.f. Group Class Instruction for Business, Vocational or Other Purposes Gyms and Health Clubs * ** ** ** ** Includes Nightclubs Subject to additional parking requirements under Section 23E.40.080.B Hotels, Tourist Includes Inns, Bed and Breakfasts and Hostels Motels, Tourist * Theaters Includes Motion Pictures and Stage Performance Automobile and Other Vehicle Oriented Uses Automobile Parts Stores * Excluding service of auto parts Automobile Repair and Service Automobile Sales and Rentals Automobile Washes, Mechanical or Self-Service Automobile Wrecking Establishments Includes Parts Service Ordinance No. 7,191-N.S. Page 11 of 73

Gasoline/Automobile Fuel Stations Motorcycle Stores Includes Sales and/or Service Recreational Vehicle and Trailers Sales and Rental Tire Sales/Service Stores Parking, Outdoor and Exterior Service Window Uses Activities or Storage Outside of a building Not abutting R-District When abutting R-District Includes Boats Automatic Teller Machines Exterior and when part of a Retail Financial Service Drive-in Uses Providing service to customers in their cars. See definition in Sub-title F Parking Lots Recycling Redemption Centers Sidewalk Cafe Seating Subject to additional requirements; see Section 23E.24 Combination Commercial/Residential Uses Live/Work Units Not requiring a UP under Chapter 23E.20 Requiring a UP under Chapter 23E.20 Mixed Use Developments (Residential/Commercial) Uses Incidental to a Permitted Use Amusement Devices (up to three) Food or Beverage for Immediate Consumption Subject to the standards under Section 23E.40.070.D Ordinance No. 7,191-N.S. Page 12 of 73

Live Entertainment Unamplified Amplified Manufacturing Uses Storage of Goods (over 25% of gross floor area) Wholesale Activities Uses Permitted in Residential Districts Accessory Uses and Structures Child Care Centers Clubs, Lodges Community Centers Dwelling Units, subject to R- 3 Per R-3 District U P (PH) See Table 23D.36.030 Standards may be modified under Section Standards 23E.40.070.E Group Living Accommodations subject to R-3 Standards Hospitals Hotels, Residential, including Single Room Occupancy (SRO) Hotels Standards may be modified under Section 23E.40.070.E Libraries Subject to parking requirements; see Section 23E.40.080.B Nursing Homes Subject to parking requirements; see Section 23E.40.080.B Parks and Playgrounds Public Safety and Emergency Services Religious Assembly Uses Schools, Public or Private Ordinance No. 7,191-N.S. Page 13 of 73

Senior Congregate Housing Six or fewer persons Seven or more persons New Construction Miscellaneous Uses Changes of Use from an existing dwelling unit Automatic Teller Machines When not a part of a Retail Financial Service Cafeteria, Employee or Residential Cemeteries, Crematories, Mausoleums Columbaria Allowed with a 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 Commercial Excavation Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas Dry Cleaning and Laundry Plants Kennels or Pet Boarding Laboratories, Testing Mortuaries Public Utility Substations, Tanks Radio, Television or Audio/Sound Recording and/or Broadcast Studios Warehouses or Storage including Mini-storage Warehouses Wireless Ordinance No. 7,191-N.S. Page 14 of 73

Telecommunications Facilities Microcell Facilities, Modifications to Existing Sites, and Additions to Existing Sites When the Site Is Not Adjacent to a Residential District All Other Telecommunication Facilities Legend: Subject to the requirements of Section 23C.17.100 Subject to the requirements of Section 23C.17.100 -- Zoning Certificate *Change of Use of floor area between 2,000 and 3,000 sq. -- Administrative Use ft. shall require an ; over 3,000 sq. ft. shall require a Permit -- Use Permit, public **Change of Use of floor area over 3,000 sq. ft. shall hearing required require a -- Use not permitted 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 nonresidential 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.A 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 11:00 p.m., unless a Use Permit is obtained and is in accordance with Section 23E.16.010. Section 5. That Berkeley Municipal Code Section 23E.44.030 is amended to read as follows: 23E.44.030 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 (), an Administrative Use Ordinance No. 7,191-N.S. Page 15 of 73

Permit (), a Use Permit approved after a public hearing () or is. Table 23E.44.030 Use and Required Permits Use Classification Special Requirements (if any) Retail Sales All Retail Sales Uses, except those listed below Alcoholic Beverage Retail Sales, including liquor stores and wine shops Department Stores Over 3,000 s.f. Firearm/Munitions Businesses Pawn Shops, including Auction Houses Pet Stores, including Sales and Grooming of Animals * 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 * Includes sale for off-site consumption at restaurants on any property devoted to residential use Does not include boarding of animals Smoke Shops if within 1,400 feet of a school or public park Personal and Household Services All Personal/Household Services, except those listed below Laundromats Veterinary Clinics, including * 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 Ordinance No. 7,191-N.S. Page 16 of 73

Pet Hospitals Video Tape/Disk Rental Stores Offices Financial Services, Retail (Banks) Insurance Agents, Title Companies, Real Estate Agents, Travel Agents ** * Also subject to numerical limitations listed in Table 23E.44.040 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. Medical Practitioners Including Holistic Health and Mental Health Practitioners Other Professionals and Government, Institutions, Utilities ** 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 Alcoholic Beverage Service Service of alcoholic beverages allowed only as incidental to food service in Food Service Establishments Alcoholic Beverage Service of beer and wine incidental to food service at quick and full service restaurants Amusement Device Arcades Commercial Recreation Center Dance, Exercise, Martial Arts and Music Studios ** For on-site consumption only Ordinance No. 7,191-N.S. Page 17 of 73

Entertainment Establishments, including Nightclubs Food Service Establishments: Carry Out Food Service Stores Quick Service Restaurants Full Service Restaurants Group Class Instruction for Business, Vocational or Other Purposes Gyms and Health Clubs Hotels, Tourist, including Inns, Bed and Breakfasts and Hostels Motels, Tourist ** ** ** ** ** Also subject to numerical limitations listed in Table 23E.44.040 Theaters Including Motion Pictures and Stage Performance Automobile and Other Vehicle Oriented Uses Automobile Parts Stores * Excluding service of auto parts Automobile Repair and Service, including Parts Service Automobile Sales and Rentals Automobile Washes, Mechanical or Self-Service Automobile Wrecking Establishments Gasoline/Automobile Fuel Stations Motorcycle Stores, including Sales and/or Service Recreational Vehicle and Ordinance No. 7,191-N.S. Page 18 of 73

Trailers Sales and Rental, including Boats Tire Sales/Service Stores Parking, Outdoor and Exterior Service Window Uses Activities or Storage Outside of a building Not abutting R-District When abutting R-District Automatic Teller Machines (exterior and when part of a Retail Financial Service) Limit of 2 per establishment per Table 23E.44.040 Drive-in Uses Providing service to customers in their cars. See definition in Sub-title F Parking Lots Recycling Redemption Centers Sidewalk Cafe Seating Subject to additional requirements; see Chapter 23E.24 Combination Commercial/Residential Uses Live/Work Units Not requiring a UP under Chapter 23E.20 Requiring a UP under Chapter 23E.20 Mixed Use Developments (Residential/Commercial) Uses Incidental to a Permitted Use Amusement Devices (up to three) Food or Beverage for Immediate Consumption Live Entertainment Unamplified Subject to the standards under Section 23E.44.070.E Treated as Food Service Establishment and subject to numerical limitations in Table 23E.44.040 Ordinance No. 7,191-N.S. Page 19 of 73

Amplified Manufacturing Uses Storage of Goods (over 25% of gross floor area) Wholesale Activities Uses Permitted in Residential Districts Accessory Uses and Structures Child Care Centers Clubs, Lodges Community Centers Dwelling Units, subject to R- 3 Standards Group Living Accommodations, subject to R-3 Standards Hospitals Hotels, Residential, including Single Room Occupancy (SRO) Hotels Per R-3 District See Table 23D.36.030 Standards may be modified under Section 23E.44.070.F Standards may be modified under Section 23E.44.070.F Libraries Subject to parking requirements under Section 23E.44.080 Nursing Homes Subject to parking requirements under Section 23E.44.080 Parks and Playgrounds Public Safety and Emergency Services Religious Assembly Uses Schools, Public or Private Senior Congregate Housing Six or fewer persons Seven or more persons New Construction Miscellaneous Uses Changes of Use from an existing dwelling unit Ordinance No. 7,191-N.S. Page 20 of 73

Automatic Teller Machines When not a part of a Retail Financial Service Cafeteria, Employee or Residential Cemeteries, Crematories, Mausoleums Columbaria Allowed with a 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 Commercial Excavation Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas Dry Cleaning and Laundry Plants Kennels or Pet Boarding Laboratories, Testing Mortuaries Public Utility Substations, Tanks Radio, Television or Audio/Sound Recording and/or Broadcast Studios 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 Subject to the requirements and findings of Section 23C.17.100 Ordinance No. 7,191-N.S. Page 21 of 73

Residential District All Other Telecommunication Facilities Legend: -- Zoning Certificate -- Administrative Use Permit -- Use Permit, public hearing required -- Use not permitted Subject to the requirements and findings of Section 23C.17.100 *Change of Use of floor area between 2,000 and 3,000 sq. ft. shall require an ; over 3,000 sq. ft. shall require a **Change of Use of floor area over 3,000 sq. ft. shall require a 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 nonresidential 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 Barber/Beauty Shops, including Manicure and other Personal 12 * 1,500 Zoning Certificate 7 None Zoning Certificate Ordinance No. 7,191-N.S. Page 22 of 73

Care Bookstores, Periodical Stands Clothing Stores, including Hats, Shoes and Accessories Financial Services, Retail ** Food Service Establishments: Carry Out Food Service Quick Service Restaurants Full Service Restaurants Photocopy Stores, Printing, Fax, Magnetic Disk Reproduction Services *Total **Shall have no more than 2 Automatic Teller Machines 4 2,000 Zoning Certificate 10 None Zoning Certificate 2 None Use Permit 3 1,000 7 1,000 7 None 2 1,000 Zoning Certificate Section 7. That Berkeley Municipal Code Section 23E.44.060.A 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 11:00 p.m., unless a Use Permit is obtained and is in accordance with Section 23E.16.010. Section 8. That Berkeley Municipal Code Section 23E.48.030 is amended to read as follows: 23E.48.030 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 (), an Administrative Use Permit (), a Use Permit approved after a public hearing () or is. Ordinance No. 7,191-N.S. Page 23 of 73

Table 23E.48.030 Use and Required Permits Use Classification Special Requirements (if any) Retail Sales All Retail Sales Uses, except those listed below Alcoholic Beverage Retail Sales, including liquor stores and wine shops Department Stores Over 3,000 s.f. Firearm/Munitions Businesses Pawn Shops, including Auction Houses Pet Stores, including Sales and Grooming of Animals (but not Boarding) * 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 * Includes sale for off-site consumption at restaurants on any property devoted to residential use Smoke Shops UP (PH) if within 1,400 feet of a school or public park Personal and Household Services All Personal and Household Services, except those listed below Laundromats Veterinary Clinics, including Pet Hospitals Offices Financial Services, Retail (Banks) * As defined in Sub-title F, except those otherwise listed (does not include Massage) Insurance Agents, Title * When located on the ground Ordinance No. 7,191-N.S. Page 24 of 73

Companies, Real Estate Agents, Travel Agents 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. Medical Practitioners Including Holistic Health and Mental Health Practitioners. Subject to parking requirements; see Table 23E.48.080 Other Professionals and Government, Institutions, Utilities ** 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. Food and Alcohol Service, Lodging, Entertainment and Assembly Uses Adult-oriented Businesses Alcoholic Beverage Service of beer and wine incidental to food service at quick and full service restaurants Alcoholic Beverage Service (no Bars, Cocktail Lounges, or Taverns allowed) Amusement Device Arcades Commercial Recreation Center Dance, Exercise, Martial Arts and Music Studios Entertainment Establishments, including Nightclubs Food Service Establishments: ** For on-site consumption only Service of distilled alcoholic beverages may be approved only for Full Service Restaurants Also subject to numerical limitations listed in Table 23E.48.040 Ordinance No. 7,191-N.S. Page 25 of 73

Carry Out Food Service Stores Under 1,000 s.f. Quick Service Restaurants Under 1,000 s.f. Full Service Restaurants Under 1,000 s.f. Group Class Instruction for Business, Vocational or Other Purposes Gyms and Health Clubs Hotels, Tourist, including Inns, Bed and Breakfasts and Hostels Motels, Tourist Theaters, including Motion Pictures and Stage Performance ** ** ** ** ** Automobile and Other Vehicle Oriented Uses Subject to parking requirements; see Section 23E.48.080 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. Automobile Parts Stores * Excluding service of auto parts Automobile Repair and Service, including Parts Service Automobile Sales and Rentals Automobile Washes, Mechanical or Self-Service Automobile Wrecking Establishments Gasoline/Automobile Fuel Stations Ordinance No. 7,191-N.S. Page 26 of 73

Motorcycle Stores, including Sales and/or Service Recreational Vehicle and Trailers Sales and Rental, including Boats Tire Sales/Service Stores Parking, Outdoor and Exterior Service Window Uses Activities or Storage Outside of a building Not abutting R-District When abutting R-District Automatic Teller Machines Exterior and when part of a Retail Financial Service Drive-in Uses Providing service to customers in their cars. See definition in Sub-title F Parking Lots Recycling Redemption Centers Sidewalk Cafe Seating Subject to additional requirements; see Chapter 23E.24 Combination Commercial/Residential Uses Live/Work Units Not requiring a UP under Chapter 23E.20 Requiring a UP under Chapter 23E.20 Mixed Use Developments (Residential/Commercial) Uses Incidental to a Permitted Use Amusement Devices (up to three) Food or Beverage for Subject to the standards under Sections 23E.48.070.E and 23E.48.080.D Ordinance No. 7,191-N.S. Page 27 of 73

Immediate Consumption Live Entertainment Unamplified Amplified Manufacturing Uses Storage of Goods (over 25% of gross floor area) Wholesale Activities Uses Permitted in Residential Districts Accessory Uses and Structures Child Care Centers Clubs, Lodges Community Centers Dwelling Units, subject to R- 3 Standards Group Living Accommodations, subject to R-3 Standards Hospitals Hotels, Residential, including Single Room Occupancy (SRO) Hotels Per R-3 District See Table 23D.36.030 Subject to the standards under Section 23E.48.070.F Subject to the standards under Section 23E.48.070.F Libraries Subject to parking requirements; see Section 23E.48.080 Nursing Homes Subject to parking requirements; see Section 23E.48.080 Parks and Playgrounds Public Safety and Emergency Services Religious Assembly Uses Schools, Public or Private Senior Congregate Housing Six or fewer persons Change of Use from an existing dwelling unit Ordinance No. 7,191-N.S. Page 28 of 73

Seven or more persons New Construction Miscellaneous Uses Automatic Teller Machines When not a part of a Retail Financial Service Cafeteria, Employee or Residential Cemeteries, Crematories, Mausoleums Columbaria Allowed with a 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 Commercial Excavations Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas Dry Cleaning and Laundry Plants Kennels or Pet Boarding Laboratories, Testing Mortuaries Radio, Television, or Audio/Sound Recording and/or Broadcast Studios Public Utility Substations, Tanks Warehouses or Storage including Mini-storage Warehouses Wireless Telecommunications Facilities Microcell Facilities, Subject to the requirements and findings of Section 23C.17.100 Ordinance No. 7,191-N.S. Page 29 of 73

Modifications to Existing Sites, and Additions to Existing Sites When the Site Is Not Adjacent to a Residential District All Other Telecommunication Facilities Legend: -- Zoning Certificate -- Administrative Use Permit -- Use Permit, public hearing required -- Use not permitted Subject to the requirements and findings of Section 23C.17.100 * Change of Use of floor area between 2,000 and 3,000 sq. ft. shall require an ; over 3,000 sq. ft. shall require a ** Change of Use of floor area over 3,000 sq. ft. shall require a 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. 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.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. Such limitations may be exceeded if the Board issues a Use Permit and makes the findings under Section 23E.48.090.C. Table 23E.48.040 Numerical Limitations Use Number limit Type of Permit Clothing Stores, including Hats, Shoes and Accessories 20 Zoning Certificate Ordinance No. 7,191-N.S. Page 30 of 73

Food Product Stores -- Specialized, including Bakeries Food Service Establishments 12 Zoning Certificate 27 Section 10. That Berkeley Municipal Code Section 23E.48.060.A is amended to read as follows: 23E.48.060 Use Limitations* A. No commercial use shall operate except between the hours of 7:00 a.m. to 11:00 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) Ordinance No. 7,191-N.S. Page 31 of 73

C. In order to approve a Use Permit under Section 23E.48.040.A to exceed a numerical limitation for a use, the following findings must be made: 1. The exception will result in the enhancement of the purposes of the District, as evidenced by neighborhood resident and merchant support; and 2. Marketing surveys or other information indicate probable substantial patronage by surrounding residents. Section 12. That Berkeley Municipal Code Section 23E.52.030 is amended to read as follows: 23E.52.030 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 (), an Administrative Use Permit (), a Use Permit approved after a public hearing () or is. Table 23E.52.030 Use and Required Permits Use Classification Special Requirements (if any) Retail Sales All Retail Sales Uses, except those listed below Alcoholic Beverage Retail Sales, including liquor stores and wine shops Department Stores Over 3,000 s.f. Firearm/Munitions Businesses * As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores) * Includes sale for off-site consumption at restaurants No sales of distilled alcoholic beverages are allowed along Adeline Street south of Ashby Avenue on any property devoted to residential use Pawn Shops Including Auction Houses Pet Stores Including Sales and Ordinance No. 7,191-N.S. Page 32 of 73

Grooming of Animals (but not Boarding) Smoke Shops if within 1,400 feet of a school or public park Personal and Household Services All Personal and Household Services, except those listed below Laundromats * As defined in Sub-title F, except those otherwise listed (does not include Massage) ** Veterinary Clinics Including Pet Hospitals Offices Check Cashing Stores Financial Services, Retail (Banks) Insurance Agents, Title Companies, Real Estate Agents, Travel Agents Medical Practitioners, including Holistic Health and Mental Health Practitioners Other Professionals and Government, Institutions, Utilities * * * * Not including Check Cashing stores Subject to parking requirements; see Table 23E.52.080 Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses Adult-oriented Businesses Alcoholic Beverage Service of beer and wine incidental to food service at quick and full service restaurants Alcoholic Beverage Service, including Bars, Cocktail Lounges and Taverns For on- site consumption only 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 Ordinance No. 7,191-N.S. Page 33 of 73

in Full Service Restaurants only Amusement Device Arcades Subject to additional requirements; see Section 23E.16.050 Commercial Recreation Center Dance, Exercise, Martial Arts and Music Studios Entertainment Establishments Food Service Establishments: Carry Out Food Service Stores Under 1,000 s.f. Quick Service Restaurants Under 1,000 s.f. Full Service Restaurants Under 1,000 s.f. Group Class Instruction for Business, Vocational or Other Purposes Gyms and Health Clubs * ** ** ** * Including Nightclubs Subject to parking requirements; see Table 23E.52.080 Hotels, Tourist Including Inns, Bed and Breakfasts and Hostels Motels, Tourist * Theaters Including Motion Pictures and Stage Performance Automobile and Other Vehicle Oriented Uses Automobile Parts Stores * Excluding service of auto parts Automobile Repair and Service, including Parts Service Automobile Sales and Rentals Ordinance No. 7,191-N.S. Page 34 of 73

Automobile Washes, Mechanical or Self-Service Automobile Wrecking Establishments Gasoline/Automobile Fuel Stations Motorcycle Stores, including Sales and/or Service Recreational Vehicle and Trailers Sales and Rental Tire Sales/Service Stores Parking, Outdoor and Exterior Service Window Uses Activities or Storage Outside of a building Not abutting R-District When abutting R-District Including Boats Automatic Teller Machines Exterior and when part of a Retail Financial Service Drive-in Uses Which provide service to customers in their cars; see definition in Sub-title 23F Parking Lots, Parking Structures Recycling Redemption Centers Sidewalk Cafe Seating Subject to additional requirements; see Chapter 23E.24 Combination Commercial/Residential Uses Live/Work Units Subject to the standards of Chapter 23E.20 Mixed Use Developments: (Residential/Commercial) of less than 5,000 sq. ft. (Residential/Commercial) of 5,000 sq. or more Subject to the standards of Section 23E.52.070.D.1-6 Subject to the standards of Section 23E.52.070.D.7 Ordinance No. 7,191-N.S. Page 35 of 73

Uses Incidental to a Permitted Use Amusement Devices (up to three) Food or Beverage for Immediate Consumption Live Entertainment Unamplified Amplified Manufacturing Uses Storage of Goods (over 25% of gross floor area) Wholesale Activities Uses Permitted in Residential Districts Accessory Uses and Structures Child Care Centers Clubs, Lodges Community Centers Dwelling Units, subject to R- 4 Standards Group Living Accommodations, subject to R-4 Standards Hospitals Hotels, Residential, including Single Room Occupancy (SRO) Hotels Per R-4 District See Table 23D.40.030 Standards may be modified under Section 23E.52.070.E Standards may be modified under 23E.52.070.E Libraries Subject to parking requirements; see Section 23E.52.080 Nursing Homes Subject to parking requirements; see Section 23E.52.080 Parks and Playgrounds Public Safety and Emergency Services Ordinance No. 7,191-N.S. Page 36 of 73

Religious Assembly Uses Schools, Public or Private Senior Congregate Housing Six or fewer people Seven or more people New construction Miscellaneous Uses Change of use from an existing dwelling unit Automatic Teller Machines When not a part of a Retail Financial Service Cafeteria, Employee or Residential Cemeteries, Crematories, Mausoleums Columbaria Allowed with a 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 Commercial Excavation Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas Dry Cleaning and Laundry Plants Kennels or Pet Boarding Laboratories, Testing Mortuaries Public Utility Substations, Tanks Radio, Television or Audio/Sound Recording and/or Broadcast Studios Warehouses or Storage, including Mini-storage Ordinance No. 7,191-N.S. Page 37 of 73

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 All Other Telecommunication Facilities Legend: -- Zoning Certificate -- Administrative Use Permit -- Use Permit, public hearing required -- Use not permitted Subject to the requirements and findings of Section 23C.17.100 Subject to the requirements and findings of Section 23C.17.100 *Change of Use of floor area between 3,000 and 5,000 sq. ft. shall require an ; over 5,000 sq. ft. shall require a **Change of Use of floor area over 5,000 sq. ft. shall require a 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. 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.52.030. 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 (), an Administrative Use Permit (), a Use Permit approved after a public hearing (), or is. Table 23E.56.030 Ordinance No. 7,191-N.S. Page 38 of 73

Use and Required Permits Use Classification Special Requirements (if any) Retail Sales All Retail Sales Uses, except those listed below Alcoholic Beverage Retail Sales, including liquor stores and wine shops Department Stores Over 3,000 s.f. Drug Paraphernalia (any use involving the sale or distribution thereof) Firearm/Munitions Businesses As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores) Includes sale for off-site consumption at restaurants As defined in California Health and Safety Code Section 11364.5(d) on any property devoted to residential use Pawn Shops Including Auction Houses Pet Stores Including Sales and Grooming of Animals (but not Boarding) Smoke Shops if within 1,400 feet of a school or public park Personal and Household Services All Personal and Household Services, except those listed below Laundromats As defined in Sub-title F, except those otherwise listed (does not include Massage). Also subject to numerical limitations listed in Table 23E.56.040 * Veterinary Clinics Including Pet Hospitals Offices Financial Services, Retail (Banks) Insurance Agents, Title Companies, Real Estate * When located on the ground floor adjacent to street Ordinance No. 7,191-N.S. Page 39 of 73

Agents, Travel Agents Medical Practitioners, including Holistic Health and Mental Health Practitioners Other Professionals and Government, Institutions, Utilities 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 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. Subject to parking requirements under Section 23E.56.080 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. Food and Alcohol Service, Lodging, Entertainment and Assembly Uses Adult-oriented Businesses Alcoholic Beverage Service of beer and wine incidental to food service at quick and full service restaurants Alcoholic Beverage Service, including Bars, Cocktail Lounges and Taverns Amusement Device Arcades Commercial Recreation Center Dance, Exercise, Martial Arts and Music Studios * For on- site consumption only Service of distilled alcoholic beverages may be approved for full service restaurants only Entertainment Including Nightclubs Ordinance No. 7,191-N.S. Page 40 of 73

Establishments Food Service Establishments: Carry Out Food Service Stores Under 1,500 s.f. Quick Service Restaurants Over 1,500 s.f. Full Service Restaurants Under 1,500 s.f. Group Class Instruction for Business, Vocational or Other Purposes Gyms and Health Clubs Hotels, Tourist, including Inns, Bed and Breakfasts and Hostels Motels, Tourist Theaters, including Motion Pictures and Stage Performance Also subject to numerical limitations listed in Table 23E.56.040 * * Automobile and Other Vehicle Oriented Uses Subject to parking requirements; see Section 23E.56.080 Not allowed on ground floor adjacent to street frontage Subject to parking requirements; see Section 23E.56.080 on the ground floor adjacent to street frontage Automobile Parts Stores Excluding service of auto parts Automobile Repair and Service Automobile Sales and Rentals Automobile Washes, Mechanical or Self-Service Automobile Wrecking Establishments Automobile/Motorcycle Parts Service Gasoline/Automobile Fuel Stations Except when located in a parking structure Ordinance No. 7,191-N.S. Page 41 of 73

Motorcycle Stores Including Sales and/or Service Recreational Vehicle and Trailers Sales and Rental, including Boats Tire Sales/Service Stores Parking, Outdoor and Exterior Service Window Uses Activities or Storage Outside of a building Not abutting R-District When abutting R-District * Automatic Teller Machines * Exterior and when part of a Retail Financial Service Drive-in Uses Which provide service to customers in their cars. See definition in Sub-title 23F Parking Lots, Parking Structures Recycling Redemption Centers * Sidewalk Cafe Seating * Subject to additional requirements; see Chapter 23E.24 Combination Commercial/Residential Uses Live/Work Units Not requiring a UP under Chapter 23E.20 Requiring a UP under Chapter 23E.20 Mixed Use Developments (Residential/Commercial) Uses Incidental to a Permitted Use Amusement Devices (up to 3) Food or Beverage for Immediate Consumption * * Subject to Section 23E.56.070.D Treated as a food service establishment and subject to numerical limitations in Table Ordinance No. 7,191-N.S. Page 42 of 73

Live Entertainment Unamplified Amplified Manufacturing Uses Storage of Goods (over 25% of gross floor area) Wholesale Activities Uses Permitted in Residential Districts Accessory Uses and Structures Child Care Centers Clubs, Lodges Community Centers Dwelling Units, subject to R- 3 Standards Group Living Accommodations, subject to R-3 Standards Hospitals Hotels, Residential, including Single Room Occupancy (SRO) Hotels * * * * Per R-3 District 23E.56.040 See Table 23D.36.030 Allowed above the ground floor only. Standards may be modified under Section 23E.56.070.E Allowed above the ground floor only. Standards may be modified under Section 23E.56.070.E Libraries Subject to parking requirements; see Section 23E.56.080 Nursing Homes Subject to parking requirements; see Section 23E.56.080 Parks and Playgrounds Public Safety and Emergency Services Religious Assembly Uses Ordinance No. 7,191-N.S. Page 43 of 73

Schools, Public or Private Senior Congregate Housing Six or fewer persons Seven or more persons New Construction Miscellaneous Uses * Change of Use from an existing dwelling unit Automatic Teller Machines When not a part of a Retail Financial Service Cafeteria, Employee or Residential Cemeteries, Crematories, Mausoleums Columbaria Allowed with a 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 Commercial Excavation Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas Dry Cleaning and Laundry Plants Kennels or Pet Boarding Laboratories Except photographic processing laboratories Mortuaries Public Utility Substations, Tanks Radio, Television or Audio/Sound Recording and/or Broadcast Studios Warehouses or Storage, including Mini-storage Ordinance No. 7,191-N.S. Page 44 of 73