Chapter 23E.80: MU-LI Mixed Use-Light Industrial. Chapter 23E.80 MU-LI MIXED USE-LIGHT INDUSTRIAL DISTRICT PROVISIONS

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1 Chapter 23E.80 MU-LI MIXED USE-LIGHT INDUSTRIAL DISTRICT PROVISIONS Sections: 23E E E E E E E E E E Applicability of Regulations Purposes Uses Permitted Special Provisions: Protected Uses Special Provisions: Changes of Use/Removal of Floor Area Used for Material Recovery Enterprise, Manufacturing, Wholesale Trade or Warehousing Physical Changes to Buildings: Construction of New Floor Area, Conversions of Existing Buildings Use Limitations Development and Performance Standards Off-Street Parking and Loading Requirements Findings Section 23E Applicability of Regulations The regulations in this chapter shall apply in all Mixed Use-Light Industrial (MU-LI) Districts. In addition, the general provisions in Sub-title 23C shall apply. (Ord NS 4 (part), 1999) Section 23E Purposes The purposes of the Mixed Use-Light Industrial (MU-LI) Districts are to: A. Implement the West Berkeley Plan's designation of a Light Manufacturing District; B. Encourage development of a mixed use-light industrial area for a range of compatible uses; C. Encourage development of an area where light manufacturers can operate free from the economic, physical and social constraints caused by incompatible uses; D. Encourage the creation and continuation of well paid jobs which do not require advanced degrees; E. Provide for the continued availability of manufacturing and industrial buildings for manufacturing uses, especially of larger spaces needed by medium sized and larger light manufacturers; F. Provide opportunities for office development when it will not unduly interfere with light manufacturing uses and/or the light manufacturing building stock; G. Provide the opportunity for laboratory development in appropriate locations; H. Support the development of businesses which contribute to the maintenance and improvement of the environment; I. Allow on site ancillary retail as a tool to maintain and enhance the economic viability of manufacturers in the district;

2 J. Maintain and improve the quality of the West Berkeley environment, while allowing the lawful and reasonable operation of light industrial uses. (Ord NS 4 (part), 1999) Section 23E Uses Permitted A. The following table sets forth the Permit required for each listed item. Each use or structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use Permit (AUP) or a Use Permit approved after public hearing (), or is. Table 23E Use and Required Permits Uses Permits Required to Establish, Expand, or Change use by Floor Area (sq. ft.)* Special Requirements (if any) Under 20,000 20,000-30,000 More than 30,000 Manufacturing and Wholesale Trade Increased Permit requirements in locations within 150 ft. of a residential use in either the R or MU-R district. See Section 23E D Construction Products Manufacturing Light Manufacturing ZC AUP Mini-storage Warehouses Pesticides, Herbicides and Fertilizers Petroleum refining and products Pharmaceuticals AUP Permitted only in locations at least 500 ft. from R or MU-R Districts; see Section 23E E Primary Production manufacturing Semiconductors and related devices Warehouses (other than Ministorage) ZC AUP See Retail Uses for storage of goods for a retail use Wholesale Trade ZC AUP establishments Other Industrial Uses Art/Craft Studios AUP AUP Workspaces only, live/work limited. See Section 23E E Bus, cab, truck, public utility depots AUP required if lot is over 20,000 sq.ft. regardless of floor area Commercial Excavation Including earth, gravel, minerals, other building materials, drilling for oil or natural gas Contractors' Yards AUP required if lot is over 20,000 sq. ft. regardless of floor area

3 Table 23E Uses Use and Required Permits Permits Required to Establish, Expand, or Change use by Floor Area (sq. ft.)* Under 20,000- More than 20,000 30,000 30,000 ZC AUP Special Requirements (if any) Dry Cleaning and Laundry Plants Laboratories, Commercial Physical or Biological using: Class 1 Organisms only Class 2 Organisms Permitted only in locations at least 500 ft. from R or MU-R Districts. See Section 23E Class 3 Organisms Laboratories, Motion Picture, Photo Processing Laboratories, Testing Material Recovery Enterprise Radio, Television, or Audio/ Sound Recording and/or Broadcast Studios Recycled Materials If lot is over 20,000 sq.ft. Processing Recycling Redemption Center If lot is over 20,000 sq.ft. Repair Service (other than auto repair) ZC AUP No retail sales permitted Automobile and Other Vehicle Oriented Uses Automobile Parts Stores Automobile Repair and Service, including Automobile Restoration Automobile Sales Automobile Washes, Mechanical or Self-service Automobile Wrecking Establishments AUP Permit level determined by size of lot, not floor area Compressed Natural Gas Fuel AUP Stations Gasoline Automobile Stations Except Compressed Natural Gas Fuel Stations Parking, Outdoor and Exterior Service Window Uses Activities or Storage outside of a building ZC AUP AUP Use lot area, not floor area; not permitted abutting R-District Automatic Teller Machines AUP Exterior and when not part of a Retail Financial Service Drive-in Uses Which provide service to customers in their cars

4 Table 23E Use and Required Permits Uses Permits Required to Establish, Expand, or Change use by Floor Area (sq. ft.)* Special Requirements (if any) Under 20,000 20,000-30,000 More than 30,000 Open Air Markets AUP up to 5,000 sq.ft. of lot area Parking Lots Exclusively for uses located in the District ZC for 10 or fewer spaces AUP for 11+ spaces Not exclusively for uses located in the District Uses Incidental to a Permitted Use Amusement Devices AUP Food or Beverage for AUP Immediate Consumption Live Entertainment and/or amplified music Storage, Wholesale Trade, or permitted Manufacturing use as an incidental use ZC Retail Sales, Personal and Household Services Ancillary Sales of Goods Manufactured on Site AUP under 1,500 sq.ft.; 1,500-3,000 sq.ft.; more than 3,000 sq.ft. See additional limitations on ancillary retail use in Section 23E D Distributed on Site Not manufactured on site Building Materials and Garden AUP Supplies Food Product Stores General AUP AUP only up to 2,000 sq. ft. Alcoholic Beverage Retail Sales (incidental to Food Product Stores only) Industrial and Mining Products AUP Storage of Goods for a Contiguous and Directly Accessible Retail Space AUP up to 3,000 sq. ft. permitted for retail uses within the District only, prohibited for retail uses located outside the District, except for food products stores. All Other Retail Uses and Personal and Household Services Food and Alcohol Service, Lodging and Entertainment Adult-oriented Businesses Cafeterias for Employees only ZC Food Service Establishments Food Service Establishments Subject to Section 23E F; outdoor seating is prohibited

5 Table 23E Uses Alcoholic Beverage Service (incidental to Food Service only) Hotels and Motels Use and Required Permits Permits Required to Establish, Expand, or Change use by Floor Area (sq. ft.)* Under 20,000- More than 20,000 30,000 30,000 Special Requirements (if any) Theaters, Stage Motion Picture Theaters are prohibited Office Uses Business Support Services AUP AUP up to 3,000 sq. ft. Use cannot exceed 3,000 sq. ft. See definition in Sub-title F for permitted uses. Conversions of space to office use or construction of new office space are prohibited in the Mixed Use- Light Industrial District in West Berkeley for six months from April 29, 2002, except that creation of ancillary office use is not prohibited. See added definition of MU-LI Office Use Section 23F.04. Medical Practitioners, including Holistic Health and Mental Health Practitioners All office uses (other than offices ancillary to a permitted use) Combination Commercial/ Residential Uses Live/Work Unit Art/Craft Studio AUP if no new floor area created, if new floor area created, or if otherwise required by Chapter 23E.20 AUP Includes publishing without printing. Conversions of space to office use or construction of new office space are prohibited in the Mixed Use- Light Industrial District in West Berkeley for six months from April 29, 2002, except that creation of ancillary office use is not prohibited. See added definition of MU-LI Office Use Section 23F.04. See Section 23E E; see Section 23E.20 for general Live/Work provisions Non-Art/Craft Studio Work is other than Art/Craft Studio Residential and Related Uses Child Care Centers

6 Table 23E Uses Clubs, Lodges, Union Halls and similar uses for persons working in the district Dwelling Units Group Living Accommodations Major Residential Additions Public Safety and Emergency Services Religious Assembly Uses Schools Public or Private (other than vocational) Use and Required Permits Permits Required to Establish, Expand, or Change use by Floor Area (sq. ft.)* Under 20,000- More than 20,000 30,000 30,000 Special Requirements (if any) Vocational ZC AUP Must provide training for occupations and/or industries found in the West Berkeley Plan area Shelters for Homeless Persons Existing shelter shall not be considered a non-conforming use and may add floor area with a Utility Substations, Buildings and Tanks All Other uses permitted in residential districts Miscellaneous Uses Cemeteries, Crematories, Mausoleums and Mortuaries Circus or Carnival Temporary use only Kennels or Pet Boarding Municipal Animal Shelter Parks and Recreational Uses, Public or Private Wireless Telecommunications Facilities when located on a site with existing facilities When located on a site without existing facilities Legend: ZC -- Zoning Certificate AUP -- Administrative Use Permit, except public recreational uses permitted with Use Permit in Outdoor Recreation Sub-zones. See Section 23E F AUP Subject to the requirements of Section 23C Waiver may be granted if ZAB approves finding of necessity as required by Section 23C D -- Use Permit, public hearing required -- Use not permitted

7 B. Any use not listed that is compatible with the purposes of the MU-LI District shall be permitted subject to securing an Administrative Use Permit. Any use that is not compatible with the purposes of the MU-LI 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 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 concurrently with the establishment of the primary use; provided that in no event may retail floor area exceed 10% of total usable floor area, exclusive of any indoor parking area. No ancillary retail use may be established after the primary use is established; 3. There shall be no outdoor sales area or food service seating in an ancillary retail use. E. Live/Work uses may only be established pursuant to the findings set forth in Section 23E G and shall meet the following requirements: 1. The specific activity a live/work resident will engage in must be stated; 2. At least one occupant must be engaged in an art or craft listed in the definition of Art/Craft Studio in Sub-title F or which requires space not typically available in a conventional residential setting; 3. The total floor area of a Live/Work Unit shall be at least 1,000 square feet. F. An Outdoor Recreation Sub-zone may be designated by the Council, upon recommendation of the Commission. In an Outdoor Recreation Sub-zone, parks and outdoor recreational uses may be permitted, subject to obtaining a Use Permit. 1. Properties designated as an Outdoor Recreation Sub-zone shall include all of the following: a. Be designated specifically for outdoor recreational use in the West Berkeley Plan; b. Be owned or under acquisition by a public agency which is subject to this Ordinance; c. Be at least five contiguous acres in area; d. Not be primarily used for a conforming use as designated in the West Berkeley Plan; and e. Be at least 1,000 feet from any other Outdoor Recreation Sub-zone. 2. The initial designation of an Outdoor Recreation Sub-zone shall expire five years from the designation date. In order to permit outdoor recreational uses after that date, the Council must renew the Outdoor Recreation Sub-zone designation. (Ord NS 1 (part), 2006: Ord NS 1 (part), 2003: Ord NS 1, 2002: Ord NS 7, 2001: Ord NS 3, 2001: Ord NS 2 (part),

8 1999; Ord NS 4 (part), 1999) Section 23E Special Provisions: Protected Uses A. The following uses which were lawfully in place as of July 6, 1989 are Protected Uses where the affected space is used exclusively for a Protected Use or the Protected Use is combined with residential use in the form of a Live/Work Unit. Protected Uses are divided into two categories, as follows: Category 1 Category 2 Art/Craft Studio Art Galleries, ancillary to Art/Craft Studios and when located in the same building Child Care Facility Family Day Care Home Fine arts performance, instruction and rehearsal studios (dance, music, theater) Theaters, Stage Performance, but excluding Motion Picture Theaters B. Except as set forth in this section, a change in use from a protected use to any other use, protected or not, may only be authorized pursuant to Section 23E C. C. A change of use of less than 5,000 square feet, from one protected use to another within the same category, shall be allowed with a Zoning Certificate. D. The Zoning Officer may issue an Administrative Use Permit for a change of use of 5,000 square feet or more from one protected use to another in the same category. E. The Zoning Officer may issue an Administrative Use Permit for a change of use of less than 5,000 square feet from one category of protected use to another. F. The Board may approve a Use Permit for a change of use of 5,000 square feet or more from one protected use to another category of protected use. G. The Zoning Officer may issue an Administrative Use Permit for a change of use of 5,000 square feet or less from a protected use to a non-protected use that occupies all of the non-residential floor area in the building. H. The Board may approve a Use Permit for a change of use of 5,000 square feet or more from a protected use to a non-protected use that occupies all of the non-residential floor area in the building. I. Any protected use specified in this section which is owner-occupied and which protected use occupies all of the non-residential floor area within a building shall not be subject to the requirements of this section. (Ord NS 4 (part), 1999) Section 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 other uses 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,

9 provided that such space does not exceed 25% of the total floor area of the establishment; or 2. As otherwise provided in this section. B. Except as provided herein and in Paragraphs E and H of this section, no more than 25% of the space used for Material Recovery Enterprise (including its retail component), manufacturing, warehousing or wholesale trade in a building shall be removed and/or changed to another use subject to a Use Permit and the finding under Section 23E D. C. The Zoning Officer may issue an Administrative Use Permit to change the use of less than 20,000 square feet of floor area. Where the affected floor area is twenty thousand square feet or more or more than 25% of the space used for Material Recovery Enterprise, (including its retail component), manufacturing, warehousing, or wholesale trade, any such change of use shall require a Use Permit from the Board. D. If an ancillary use or uses is established pursuant to Paragraphs K and L of this section, no more than 33% of the space used for manufacturing, warehousing, or wholesale trade, including the ancillary uses, may be removed and/or changed to another use except pursuant to Section 23E D. E. On a property consisting of a lot (or group of abutting and confronting lots) under one ownership containing more than one building, more than 25% of the use of a particular building or portion of building may be changed from Material Recovery Enterprise, manufacturing, warehousing, or wholesale trade as defined below, provided that for the property as a whole no more than a cumulative total of 25% of the floor area used for Material Recovery Enterprise, manufacturing, wholesale trade or warehousing is changed to another use. F. For purposes of this section, removal of all or part of the floor area of a building which includes a portion or portions of the building used for Material Recovery Enterprise, manufacturing, wholesale trade or warehousing use shall be subject to the same requirements as a change of use, provided that removal of building area for the purpose of providing required parking for a Material Recovery Enterprise, manufacturing, wholesale trade or warehousing use shall not be considered to be a change of use. However, such building alterations shall be subject to all other requirements of the Chapter. G. As used in this section, space used for Material Recovery Enterprise, manufacturing, warehousing or wholesale trade means space which is being used, or was previously used for the manufacture, assembly, processing, repair, testing (including prototype manufacturing), storage, display (other than in retail stores) or distribution of goods, unless the manufacturing, wholesale trade, or warehousing use is or was demonstrably ancillary to another use. For the purposes of this section, any retail space used in a Material Recovery Enterprise shall be included. Such space shall not include space which is being used, or was previously used, for offices, conference and meeting space, data processing and information systems, or retail display and sale of goods (with the exception of retail space in Material Recovery Enterprises) even if such space is within a building primarily used for manufacturing, warehousing or wholesale trade. For purposes of this section, use of the space shall be the use as of January 1, 1996 (or if vacant on that date, the most recent previous use). H. Pursuant to the amendment to the West Berkeley Plan concerning 2929 Seventh Street, also known as the Langendorf Building, space used or last previously used for manufacturing, warehousing or wholesale trade in that building may be changed to other permitted uses provided that not less than 30,000 square feet of floor area is maintained for manufacturing, warehousing or wholesale trade uses. Retail Sales, Office Uses and Food and Alcohol Service Uses otherwise prohibited in this District, but permitted in the C-W District, may be permitted at this property, with a Use Permit, provided that the total floor area of such uses on the property in both this District and the C-W District does not exceed 10,000 square feet.

10 I. When determining the amount of the floor area which may be changed in use, the full floor area of the building used for Material Recovery Enterprise (including any retail floor area component), manufacturing, wholesale trade and/or warehousing shall be considered, regardless of any Use Permits simultaneously granted for conversion of the building. J. The limitations of this section on changes of use shall be cumulative. Except as provided in Paragraphs B, D, E and H of this section, at no time may the total amount of use changed from Material Recovery Enterprise, manufacturing, warehousing or wholesale trade exceed 25% of the amount of Material Recovery Enterprise, manufacturing, warehousing or wholesale trade space which existed in a building on the date specified in Paragraph G of this section. K. For purposes of this section ancillary uses are those used solely or principally for activities which are directly related to the Material Recovery Enterprise, manufacturing, warehousing or wholesale trade activity which is the primary activity of the establishment, such as offices, conference and meeting space, data processing and information systems, display of goods, or other appropriate uses as determined by the Zoning Officer. Ancillary uses under this section do not include retail space, which may be permitted only as set forth in Table 23E The retail component of Material Recovery Enterprise uses however is not considered ancillary, but is an integral part of the use. Therefore, Section 23E D does not apply to Material Recovery Enterprise uses. L. Ancillary laboratory uses under this section need not be contiguous with other portions of the establishment they are ancillary to, provided that all portions of that establishment are within the West Berkeley Plan area and that a Use Permit is obtained to establish a non-contiguous ancillary use. This Section shall not create an authorization to establish a laboratory use in a location where the laboratory use would not otherwise be permitted as a primary use. (Ord NS 3 (part), 1999; Ord NS 4 (part), 1999) Section 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.

11 Table 23E Conversion (Division of Space) Regulations Initial space being divided into 2 or 3 spaces Smallest space less Smallest space 5,000 than 5,000 sq. ft. sq. ft. or greater Size of space prior to conversion 0-15,000 sq. ft. AUP ZC 15,001-39,999 sq. ft. AUP AUP 40,000 sq. ft. or more (Ord NS 4 (part), 1999) Initial space being divided into 4+ spaces Section 23E Use Limitations A. Any use, other than an office use, which is incidental to the primary use of a building or property shall be subject to the permit requirements identified in the Uses Incidental to a Permitted Use heading, in Table 23E and the limitations set forth in Section 23E D. B. Any activity or use which occurs outside of a building shall be subject to the permit requirements identified in the Parking, Outdoor and Exterior Window Uses heading in Table 23E C. Alcoholic Beverage Sales or Service Uses and Live/Work Uses shall be subject to the requirements of Chapters 23E.16 and 23E.20 in addition to the requirements of this District. D. No manufacturing or wholesale trade use may be established or expanded within 150 feet of a residential use in an R-District or in the MU-R District except as set forth herein: 1. If the use would require a Zoning Certificate in other locations of the MU-LI District, an Administrative Use Permit is required; 2. If the use would require an Administrative Use Permit in other locations of the MU-LI District, a Use Permit is required. E. Pharmaceutical Manufacturing and Commercial Physical or Biological Laboratories using Class 2 Organisms are prohibited within 500 feet of a Residential or Mixed Use-Residential District. F. For purposes of the Noise Ordinance, Chapter 13.40, the MU-LI District shall be considered an Industry District. G. Notwithstanding any other provision of this Ordinance, an existing use may be modified or intensified without a Use Permit if no provision of this chapter requires a Use Permit and if the Zoning Officer determines that the modification or intensification of the use can reasonably be expected not to increase any impact regulated under environmental performance standards. (Ord NS 2 (part), 2002); Ord NS 4 (part), 1999) Section 23E Development and Performance Standards A. The Floor Area Ratio (FAR) shall not exceed two. B. The height of a main building shall not exceed 45 feet or three stories.

12 C. No yards for main buildings, accessory buildings, or accessory structures shall be required, except that: When a lot is adjacent to an abutting or confronting lot in a residential zone, the requirements of Section 23E and 23E shall apply to require additional yard and building feature standards, provided that a front or side yard confronting an R zone may be reduced to not less than the smaller of the abutting front yards, subject to an Administrative Use Permit, unless a Use Permit is required to approve the use or structure, in which case a Use Permit shall be required. D. Subject to review and consultation with the Commission and the Board, the City Manager may promulgate and revise performance standards concerning dust, glare, noise, odor, vibration, hazardous materials, or any other potential off-site environmental impacts. All uses shall be subject to these standards. (Ord NS 4 (part), 1999) Section 23E Off-Street Parking and Loading Requirements A. For each of the following uses the minimum number of off-street parking spaces shall be provided and in accordance with Chapter 23E.28 except as set forth in Section 23E E. Construction of new floor area and changes of use of existing floor area shall satisfy the parking requirements of this section. Table 23E Use Art/Craft Studio Laboratories Live/Work Units Manufacturing uses (assembly, production, storage and testing space only), Storage, Warehousing and Wholesale Trade Quick or Full Service Restaurants All other non-residential uses, unless otherwise specified in Subsection B Parking Required* Number of spaces One per 1,000 sq. ft. of floor area One per 650 sq. ft. of floor area One per unit; provided however, that if any non-resident employees and/or customers and clients are permitted in any work area, there shall be one additional parking space for each 1,000 sq. ft. of such work area One space per 1,000 sq. ft. of floor area for spaces of less than 10,000 sq. ft.; one space per 1,500 sq. ft. of floor area for spaces of 10,000 sq ft or more One per 300 sq. ft. of floor area Two per 1,000 sq. ft. of floor area * See Subsection E for substitutions of up to 10% with bicycle/motorcycle parking B. Unless otherwise specified in Subsection A, uses designated in this chapter as Other Industrial Uses; Automobile and Other Vehicle Oriented Uses; Outdoor Uses; Residential and Related Uses or as Miscellaneous Uses shall be required to provide the number of off-street parking spaces determined by the Zoning Officer or Board based of the amount of off-street parking demand generated by the particular use and comparable with specified standards for other uses. C. Bicycle parking spaces shall be provided for new construction at the ratio of one space per 2,000 square feet of gross floor area of non-residential space, in accordance with Section 23E D. Off-street parking required by this section may be satisfied by the provision of leased spaces, provided that the requirements of Section 23E are met; however, the leased parking spaces may be within 500 feet of the property it serves, provided that leased parking at a distance greater than 500 feet may be approved by an Administrative Use Permit.

13 E. Subject to the finding in Section 23E H, an Administrative Use Permit may be issued to designate up to 10% of automobile parking required for a use for bicycle and/or motorcycle parking, unless a Use Permit from the Board is required to approve any part of the application, in which case the Use Permit shall be approved by the Board. Any bicycle parking created by this designation shall be in addition to otherwise required bicycle parking. F. Notwithstanding the requirements of Section 23E (the general regulations concerning screening and landscaping of off-street parking), there shall be no requirement for screening or landscaping of that portion of any parking lot which is adjacent to Third Street (Southern Pacific Railroad). G. In buildings with one or more manufacturing, wholesale trade or warehouse use, all uses shall satisfy the loading space requirements of Chapter 23E.32. All uses which have one or more loading spaces shall retain at least one such space. H. Any construction which results in the creation of 10,000square feet of new or additional commercial or manufacturing gross floor area shall satisfy Chapter 23E.32. (Ord NS 23 (part), 2005: Ord NS 4 (part), 1999) Section 23E 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 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 consistent with the purposes of the District; 2. Be compatible with the surrounding uses and buildings; 3. Be consistent with the adopted West Berkeley Plan; 4. Be unlikely, under reasonably foreseeable circumstances, to either induce a substantial change of use in buildings in the District from manufacturing, wholesale trade or warehousing uses; 5. Be designed in such a manner to be supportive of the light industrial character of the district. Such physical compatibility shall include materials used; façade treatments; landscaping; lighting; type, size and placement of awnings, windows and signs; and all other externally visible aspects of the design of the building and site. If the building and/or site is split between the MU-LI District and the West Berkeley Commercial District that there are clear and appropriate distinctions in all design aspects between the portions of the building and site within the MU-LI District and the portions within the West Berkeley Commercial District; 6. Be able to meet any applicable performance standards as described in Section 23E D. C. In order to approve a Use Permit under Section 23E , the Zoning Officer or Board must find that the space formerly occupied by the protected use has been replaced with a comparable space in the West Berkeley Plan area, which is reserved for use by any protected use in the same category: 1. For purposes of this section, such replacement space shall not qualify for exemption under Section 23E I or by reason of having been established after July 6, 1989;

14 2. In considering whether a project will be detrimental, consideration shall be limited to the potential detriment associated with the new use and dislocation of any specific previous occupant or use shall not be a basis for finding detriment. D. In order to approve a Use Permit under Section 23E to change the use of or remove more than 25% of the floor area of a building currently or most recently used for manufacturing, wholesale trade or warehousing, the Zoning Officer or Board must find: 1. Any necessary Use Permits that have been approved to provide comparable quality replacement manufacturing, wholesale trade and/or warehousing space in Berkeley at a comparable rent and that such replacement space will be available before the demolition or change of use of the space; or 2. As a result of lawful business and building activities, there are exceptional physical circumstances (exclusive of the presence of hazardous materials in the building(s), soil or groundwater) found at the building not generally found in industrial buildings in the District which make it financially infeasible to reuse the building for any of the range of manufacturing, wholesale trade or warehouse uses permitted in the District. The analysis of the financial feasibility effects (which shall be verified by the City) of these physical circumstances shall consider those costs necessary to make the building meet current minimum standards for manufacturing, wholesale trade or warehouse buildings; and 3. Appropriate mitigation has been made for loss of the manufacturing, warehousing or wholesale trade space in excess of 25% of that space through providing such space elsewhere in the City, payment into the West Berkeley Building Acquisition Fund, or by other appropriate means. E. In order to approve a Use Permit for division of space under Section 23E D, the Zoning Officer or Board must find that the conversion would not create or contribute to a shortage of industrial spaces in West Berkeley for spaces of the size being converted and either: 1. The conversion can be reasonably expected to better serve the purposes of the District than leaving the space intact; or 2. The conversion would create spaces which could cross-subsidize larger industrial spaces. F. In order to approve a Use Permit to establish or expand a Food Service Establishment, the Zoning Officer or Board must find that the food service use is primarily designed to serve workers in West Berkeley and not to attract a citywide or regional clientele and either: 1. The food service use is not within 750 feet of a property containing another food service use; or 2. A substantial proportion of the food service use will consist of sale of goods made on site; and 3. Establishment of the food service use, given its size, location, physical appearance and other relevant characteristics, will not have a significant detrimental impact on the industrial character of the area. G. In order to approve a Use Permit to establish or modify a Live/Work Unit, the Zoning Officer or Board must make the findings required in Chapter 23E.20, as well as the following: 1. The applicants have made adequate provisions to insure that within the Live/Work Units, occupants of the Live/Work Units will only engage in the occupations listed in the definitions of Art/Craft Studios; and

15 2. Development of such Live/Work Units is not incompatible with adjacent and nearby industrial uses; and 3. The applicants have made adequate provisions to insure that occupant of each unit of the Live/Work space will be notified in writing that the unit is in the MU-LI District and that light manufacturing is the primary activity in the District, including a requirement that each occupant indicates that he or she has read and understood this information by means of a rider to a lease or a covenant to a deed, as appropriate. H. In order to approve a Use Permit for the substitution of bicycle and/or motorcycle parking under Section 23E E, the Zoning Officer or Board must find that the substitution will not lead to an undue shortage of automobile parking spaces and that it can be reasonably expected that there will be demand for the bicycle and/or motorcycle parking spaces. I. In order to approve a Use Permit under Section 23E D to allow creation of an ancillary retail space greater than 1,500 square feet, but less than 3,000 square feet, the Zoning Officer or Board must find that: 1. The ancillary retail space does not occupy more than 10% of the total floor area, exclusive of indoor parking occupied by the manufacturing use; 2. The size of the ancillary use is necessary for the operation of the manufacturing use; 3. The ancillary use as proposed will not cause substantial change in the primary manufacturingindustrial character and appearance of the use, block and area; and 4. The ancillary use will not disrupt parking or loading spaces necessary for manufacturing at the site or elsewhere and will not disrupt truck, forklift and other movements necessary to manufacturing operations at the site or elsewhere. (Ord NS 4 (part), 1999)