ORDINANCE NO. 7,125 N.S.

Transcription

1 ORDINANCE NO. 7,125 N.S. AMENDING THE BERKELEY MUNICIPAL CODE (BMC) TITLE 23 (ZONING ORDINANCE) SECTION 23E TO ALLOW INCIDENTAL RETAIL FOR PREVIOUSLY ESTABLISHED MANUFACTURING USES, SECTIONS 23E , 23E , 23E , TO CHANGE PERMIT REQUIREMENTS FOR CONVERSIONS, SECTION 23E A, REGARDING INTERCHANGEABILITY OF FLOOR AREA USED FOR MATERIAL RECOVERY ENTERPRISE, MANUFACTURING, WHOLESALE TRADE OR WAREHOUSING, AND SUBTITLE 23F AND TITLE 9 (BUSINESS LICENSES AND REGULATIONS) SECTION , TO EXCHANGE THE STANDARD INDUSTRIAL CLASSIFICATION SYSTEM (SIC) WITH THE NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) BE IT ORDAINED by the Council of the City of Berkeley as Section 1. That Berkeley Municipal Code Section 23E D is amended to read as D. Retail activity must be clearly ancillary to the principal activity of the property and shall meet all of the following requirements: 1. Signs for ancillary retail uses shall be of such a size and character as to clearly indicate that the retail use is the ancillary, not the primary, use of the site; 2. Retail floor area shall not exceed 1,500 square feet of floor area, unless a Use Permit for an ancillary retail area of up to 3,000 square feet is approved pursuant to Section 23E I; provided that in no event may retail floor area exceed 10% of total usable floor area, exclusive of any indoor parking area; 3. There shall be no outdoor sales area or food service seating in an ancillary retail use. Section 2. That Berkeley Municipal Code Section 23E is amended to read as 23E Physical Changes to Buildings: Construction of New Floor Area, Conversions of Existing Buildings, Requirements for Use Permits A. Creation of new floor area includes construction of new buildings or accessory buildings, additions to existing buildings or the installation of new floor or mezzanine levels within or onto existing buildings. B. The construction of 20,000 square feet or more of new floor area requires a Use Permit. Construction of more than 20,000 but less than 40,000 square feet requires an Administrative Use Permit, and the construction of 40,000 square feet or more shall require a Use Permit and a Public Hearing. C. Use Permits required for conversions of existing space are set forth in Table 23E Previously separated spaces combined into a larger space require a Zoning Certificate. Ordinance No. 7,125-N.S. Page 1 of 5

2 Table 23E Conversion (Division of Space) Regulations Initial space being divided into: 2-5 Space 6-9 Space 10 or More Spaces ZC AUP UP(PH) Section 3. That Berkeley Municipal Code Section 23E is amended to read as 23E Physical Changes to Buildings: Construction of New Floor Area, Conversions of Existing Buildings, Requirements for Use Permits A. The construction of 20,000 square feet or more of new or added Gross floor area of 20,000 square feet or more shall not be created unless a Permit is obtained. Creation of more than 20,000 but less than 40,000 square feet shall require an Administrative Use Permit. Creation of 40,000 square feet or more shall require a Use Permit. Creation of new floor area includes construction of new buildings or accessory buildings; additions to existing buildings; or the installation of new floor or mezzanine levels within or onto existing buildings. B. Permits required for divisions of existing space are set forth in the following table. If spaces of any size which were previously separated are being combined into a larger space, a Zoning Certificate shall be obtained. Table 23E Conversion (Division of Space) Regulations Initial space being divided into: 2-5 Spaces 6-9 Spaces 10 or More Spaces ZC AUP UP(PH) Section 4. That Berkeley Municipal Code 23E is amended to read as 23E Physical Changes to Buildings: Construction of New Floor Area, Conversions of Existing Buildings A. Creation of new floor area includes construction of new buildings or accessory buildings; additions to existing buildings; or the installation of new floor or mezzanine levels within or onto existing buildings. B. Gross floor area of 10,000 square feet or more but less than 20,000 square feet for any use shall not be created unless an Administrative Use Permit is obtained. C. Gross floor area of 20,000 square feet or more for any use shall not be created unless a Use Permit is obtained from the Board. D. Use Permits required for building conversions of existing space are set forth in Table 23E and the findings required in Section 23E E. Previously separated spaces combined into a larger space require a Zoning Certificate. Ordinance No. 7,125-N.S. Page 2 of 5

3 Table 23E Conversion (Division of Space) Regulations Initial space being divided into: 2-5 Spaces 6-9 Spaces 10 or More Spaces ZC AUP UP(PH) Section 5. That Berkeley Municipal Code Section 23E A is amended to read as 23E Special Provisions: Changes of Use/Removal of Floor Area Used for Material Recovery Enterprise, Manufacturing, Wholesale Trade or Warehousing A. Notwithstanding the provisions of Section 23E , no floor area in a building in which at least 33% of the floor area is used for any aspect of a Material Recovery Enterprise, manufacturing, warehousing or wholesale trade may be changed to uses other than Material Recovery Enterprise, Manufacturing, Warehousing, or Wholesale Trade without a Use Permit, except: without a Use Permit, except: 1. That floor area which has been used for Material Recovery Enterprise, manufacturing, warehousing or wholesale trade may be changed to other uses which are an integral part of a Material Recovery Enterprise, manufacturing, warehousing or wholesale trade establishment without a Use Permit, provided that such space does not exceed 25% of the total floor area of the establishment; or 2. As otherwise provided in this section. Section 6. That the definitions of Manufacturing Use, Light Manufacturing and Primary Production Manufacturing in Berkeley Municipal Code Section 23F are amended to read as Manufacturing Use: Primarily engaged in the mechanical or the chemical transformation of materials or substances into new products. Manufacturing activities include, but are not limited to, assembly, baking, brewing, fabrication, milling, processing, refining, smelting and treatment and any other uses determined by the Zoning Officer. Except as otherwise provided in this chapter, Manufacturing Uses are defined, and distinguished from non-manufacturing uses in the North American Industrial Classification Manual ( ). Light Manufacturing: Primarily involved in baking, brewing, fabricating, milling, processing and other similar forms of mechanical and chemical treatment. Light manufacturing uses are generally in the following groups in the North American Industrial Classification System (NAICS): Ordinance No. 7,125-N.S. Page 3 of 5

4 Light Manufacturing Uses NAICS CODE Apparel and Other Textile Mill Products Electronic and Electric Equipment, except semiconductors Fabricated Metal Products Food Processing Furniture and Fixtures Industrial Machinery and Equipment Instruments and Related Products Leather and Leather Products, except leather tanning Lumber and Wood Products, except logging , , , , ,333319, , , , Miscellaneous Manufacturing Paper and Allied Products, except paper, pulp and paperboard mills Perfumes, Cosmetics and Toilet Preparations Printing and Publishing, except publishing without printing Rubber and Miscellaneous Plastic Products Stone, Clay and Glass Products, except cement Textile Mill Products Transportation Equipment , Primary Production Manufacturing: Primarily involved in drawing, smelting, refining, rolling and extruding to produce materials such as metals or plastic. Primary Production Manufacturing Uses are generally in the following groups in the North American Industrial Classification System (NAICS): Primary Production Manufacturing Use Chemicals and allied products, except pharmaceuticals and perfumes, cosmetics and toilet preparations Leather Tanning NAICS CODE , , Paper, pulp and paperboard mills Primary Metal Industries Ordinance No. 7,125-N.S. Page 4 of 5

5 Section 7. That Berkeley Municipal Code Section is amended to read as Business, personal and repair services. A. Every person primarily engaged in the business of providing business, personal or repair services, or social services, or transportation services, as defined in the most practicable version of the U.S. Government printing office publication North American Industrial Classification System Manual, not specifically taxed by other provisions of this chapter, shall be classified within the business, personal and repair services category and pay a license fee for each thousand dollars of gross receipts for services performed within the City as provided in Section B. Persons engaging in business, personal and repair services and other business activities taxed on the basis of gross receipts under different rates, as provided by this chapter, may elect to combine gross receipts at one rate and obtain one license, if the provisions of Section apply to the combined activities. Section 8. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 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. At a regular meeting of the Council of the City of Berkeley held on December 8, 2009, this Ordinance was passed to print and ordered published by posting by the following vote: Ayes: Noes: Absent: Anderson, Arreguin, Capitelli, Maio, Moore, Wengraf, Worthington, and Wozniak. None. Bates. Ordinance No. 7,125-N.S. Page 5 of 5

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