ORDINANCE NO. 7,425 N.S.

Transcription

1 ORDINANCE NO. 7,425 N.S. AMENDING BERKELEY MUNICIPAL CODE CHAPTERS 23F.04, 23E.36, 23E.40, 23E.44, 23E.48, 23E.52, 23E.56, 23E.60, 23E.64, 23E.68, AND ADDING SECTION 23E , TO DEFINE AND REGULATE NON-CHARTERED FINANCIAL INSTITUTIONS BE IT ORDAINED by the Council of the City of Berkeley as Section 1. That Berkeley Municipal Code Section 23F Definitions is amended to add the following definition: Non-Chartered Financial Institution: A use, other than State or Federally chartered bank, credit union, mortgage lender, savings and loan association or industrial loan company, that offers deferred deposit transaction services or check cashing services and loans for payment of a percentage fee. The term non-chartered financial institution shall include, but is not limited to deferred deposit transaction (payday loan) business that makes loans upon assignment of wages received, check cashing businesses that charge a percentage fee for cashing a check or negotiable instrument, and motor vehicle title lenders who offer short-term loan secured by the title to motor vehicles. The term Non-Chartered Financial Institution shall not include non-profit financial institutions or retail sellers engaged primarily in the business of selling consumer goods to retail buyers, that cash checks or issue money orders as a service to its customers that is incidental to its main purpose or business. Section 2. That Section 23F Definitions, Financial Services, Retail of the Berkeley Municipal Code is amended to read as Financial Services, Retail: An office, open to the public, offering teller or counter financial services including either cash, checking and/or savings account transactions or some combination thereof, including, but not limited to, banks, savings and loans and credit unions offering such services at that location. Financial Services, Retail, shall not include Non-Chartered Financial Institutions. Section 3. That Section 23E is added to the Berkeley Municipal Code to read as 23E Non-Chartered Financial Institutions A. Non-Chartered Financial Institutions shall be permitted only within General Commercial (C-1), South Area Commercial (C-SA), Telegraph Avenue Commercial (C-T) and West Berkeley Commercial (C-W). Ordinance No. 7,425-N.S. Page 1 of 13

2 B. No more than four (4) Non-Chartered Financial Institutions as defined in 23F shall be permitted in the City. C. Non-Chartered Financial Institutions may not be located within a radius of 1,320 feet of another Non-Chartered Financial Institution. Section 4. That Section 23E , Uses Permitted, subsection of the Use and Required Permits table of the Berkeley Municipal Code is amended to read as Table 23E Use Financial Services, Retail (Banks) Classification Special Requirements (if any) AUP** Insurance Agents, Title Companies, Real Estate Agents, Travel Agents Medical Practitioners, including Holistic Health and Mental Health Practitioners Subject to parking requirements; see Table23E Non-Chartered Financial Institutions UP(PH) Subject to additional requirements; see Section 23E Other Professionals, and Government, Institutions, Utilities Section 5. That Section 23E of the Berkeley Municipal Code is amended to read as 23E Use Limitations A. No commercial use shall operate except between the hours of 7:00 a.m. and 12:00 midnight, except as authorized by an Administrative Use Permit, and in accordance with Section 23E B. Any 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 C. 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 Ordinance No. 7,425-N.S. Page 2 of 13

3 D. Adult-oriented Businesses, Alcoholic Beverage Sales or Service Uses, Amusement Arcades, Live/work Uses, and Non-Chartered Financial Institutions shall be subject to the requirements of Chapters 23E.16 and 23E.20, in addition to the requirements of this District. Section 6. That Section 23E , Uses Permitted, subsection of the Use and Required Permits table of the Berkeley Municipal Code is amended to read as Table 23E Use Financial Services, Retail (Banks) Insurance Agents, Title Companies, Real Estate Agents, Travel Agents Non-Chartered Financial Institutions Medical Practitioners including Holistic Health and Mental Health Practitioners Other Professionals and Government, Institutions, Utilities Classification Special Requirements (if any) UP(PH) Prohibited AUP** AUP** When located on the ground floor adjacent to a street frontage, into the storefront area Subject to additional parking requirements under Section 23E B When located on the ground floor adjacent to a street frontage, into the storefront area Section 7. That Section 23E of the Berkeley Municipal Code is amended to read as 23E Use Limitations A. No Commercial Use shall operate except between the hours of 7:00 a.m. and 11:00 p.m., unless a Use Permit is obtained and is in accordance with Section 23E B. Any 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 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 Ordinance No. 7,425-N.S. Page 3 of 13

4 C. Adult-oriented Businesses and Amusement Device Arcades, are not permitted, as the entire District is within the location limitations of Sections 23E and 23E Non-Chartered Financial Institutions are not permitted in this District. Alcoholic Beverage Sales or Service Uses and Live/Work Uses shall be subject to the requirements of Section 23E and Chapter 23E.20, in addition to the requirements of this District. Section 8. That Section 23E , Uses Permitted, subsection of the Use and Required Permits table of the Berkeley Municipal Code is amended to read as Use Financial Services, Retail (Banks) Insurance Agents, Title Companies, Real Estate Agents, Travel Agents Table 23E Classification Special Requirements (if any) UP(PH) Also subject to numerical limitations listed in Table 23E When located on the ground floor adjacent to a street frontage, into the storefront area Medical Practitioners Prohibited Including Holistic Health and Mental Health Practitioners Non-Chartered Financial Institutions Other Professionals and Government, Institutions, Utilities Prohibited AUP** When located on the ground floor adjacent to a street frontage, into the storefront area Section 9. That Section 23E of the Berkeley Municipal Code is amended to read as 23E Use Limitations A. No Commercial Use shall operate except between the hours of 7:00 a.m. and 11:00 p.m., unless a Use Permit is obtained and is in accordance with Section 23E B. Any 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 , except as below: 1. Any food service use shall subject to the limitations in Table 23E and shall not be considered as an Incidental Use for this District. Ordinance No. 7,425-N.S. Page 4 of 13

5 C. 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 D. Adult-oriented Businesses, Amusement Device Arcades, and Non-Chartered Financial Institutions are not permitted in this District. 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 and below: 1. On-premises service or consumption of alcoholic beverages shall be permitted only as incidental consumption with meals in food service establishments. Section 10. That Section 23E , Uses Permitted, subsection of the Use and Required Permits table of the Berkeley Municipal Code is amended to read as Use Financial Services, Retail (Banks) Insurance Agents, Title Companies, Real Estate Agents, Travel Agents Table 23E Classification Special Requirements (if any) UP(PH) When located on the ground floor adjacent to street frontage, into the storefront area Medical Practitioners UP(PH) Including Holistic Health and Mental Health Practitioners. Subject to parking requirements; see Table 23E Non-Chartered Financial Institutions Other Professionals and Government, Institutions, Utilities Prohibited AUP** When located on the ground floor adjacent to street frontage, into the storefront area Section 11. That Section 23E of the Berkeley Municipal Code is amended to read as 23E Use Limitations A. No commercial use shall operate except between the hours of 7:00 a.m. and 11:00 p.m., unless a Use Permit is obtained and is in accordance with Section 23E Ordinance No. 7,425-N.S. Page 5 of 13

6 B. Any 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 C. 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 D. Adult-oriented Businesses are not permitted, as the entire District is within the location limitations of Section 23E Amusement Arcades and Non-Chartered Financial Institutions are not permitted in this District. Alcoholic Beverage Sales/Service and Live/Work uses shall be subject to the requirements of Section 23E and Chapter 23E.20, in addition to the following requirements of this District: 1. No on-premise service and consumption of distilled alcoholic beverages shall be allowed except in full service restaurants and subject to obtaining a Use Permit; 2. Food Service Establishments shall have no live entertainment other than unamplified background music, unless a Use Permit is obtained. Section 12. That Section 23E , Uses Permitted, subsection of the Use and Required Permits table of the Berkeley Municipal Code is amended to read as Use Table 23E Classification Special Requirements (if any) Financial Services, Retail (Banks) Insurance Agents, Title Companies, Real Estate Agents, Travel Agents Medical Practitioners, including Holistic Health and Mental Health Practitioners Subject to parking requirements; see Table 23E Non-Chartered Financial Institutions UP(PH) Subject to additional requirements; see Section 23E Other Professionals and Government, Institutions, Utilities Section 13. That Section 23E of the Berkeley Municipal Code is amended to read as Ordinance No. 7,425-N.S. Page 6 of 13

7 23E Use Limitations A. No commercial use shall operate except between the following hours of the specified days: 7:00 a.m. to 12:00 midnight weekdays (Sunday through Thursday); 7:00 a.m. to 2:00 a.m. weekend days (Friday and Saturday); and in accordance with Section23E , provided, however, that the hours may be extended to other times subject to obtaining a Use Permit. B. Any 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 C. 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 D. Adult-oriented Businesses are prohibited. Alcoholic Beverage Sales or Service Uses, Amusement Arcades, Live/Work Uses, and Non-Chartered Financial Institutions shall be subject to the requirements of Chapters 23E.16 and 23E.20 and the following requirement: 1. The sale and service of distilled alcoholic beverages (hard liquor) is prohibited along Adeline Street, south of Ashby Avenue, except that such service may be allowed subject to obtaining a Use Permit for full service restaurants when such service is incidental to meals. E. New or relocated automobile or motorcycle sales uses with outdoor activities, including but not limited to storage and display of vehicle inventory, shall be limited to the Dealership Overlay Area, which includes all lots with a frontage on Adeline Street, Shattuck Avenue or Ashby Avenue between Dwight Way and the south side of Alcatraz Street, with the exceptions of the Ashby BART Station block and all lots confronting this block and lots with frontage exclusively on Shattuck Avenue south of Ashby Avenue. Section 14. That Section 23E , Uses Permitted, subsection of the Use and Required Permits table of the Berkeley Municipal Code is amended as Table 23E Use Classification Special Requirements (if any) Financial Services, Retail (Banks) Insurance Agents, Title Companies, Real Estate Agents, Travel Agents AUP* ZC Subject to restrictions above the ground floor except on Bancroft Way; see Section23E When located on the ground floor adjacent to street frontage, Ordinance No. 7,425-N.S. Page 7 of 13

8 Table 23E Use Classification Special Requirements (if any) Medical Practitioners, including Holistic Health and Mental Health Practitioners Non-Chartered Financial Institutions AUP* UP(PH) into the storefront area. Subject to restrictions above the ground floor except on Bancroft Way; see Section23E C. When located on the ground floor adjacent to street frontage, into the storefront area. Subject to additional requirements; see Section 23E Other Professionals and Government, Institutions, Utilities AUP* Subject to restrictions above the ground floor except on Bancroft Way; see Section23E C. When located on the ground floor adjacent to street frontage, into the storefront area. Section 15. That Section 23E of the Berkeley Municipal Code is amended to read as 23E Use Limitations A. Notwithstanding the provisions related to extending the hours of operation of an existing commercial use subject to a Use Permit or AUP in Chapter 23B.56, Section 23E , and/or any Conditions of Approval in a Permit, commercial uses between Bancroft Way and the north side of Dwight Way may operate 24 hours per day, seven days per week; provided, that any use with alcohol sales or service shall conform with subdivision B of this Section. 1. After January 1, 2016, the Planning Commission shall review the allowable operating hours north of Dwight Way. 2. Commercial uses located between the south side of Dwight Way and Parker Street may operate from 7:00 a.m. to 12:00 a.m. seven days per week, unless later hours are specified by an Administrative Use Permit under Section 23E C. B. An establishment that sells alcohol for off-site consumption may not stay open past midnight unless its ABC license requires sales of alcohol for off-site consumption to cease by midnight; provided, that the ZAB may approve a Use Permit to stay open later if the ABC license does not contain such a condition, if it makes the findings in Section 23E C. Ordinance No. 7,425-N.S. Page 8 of 13

9 C. On-premises service and consumption of distilled alcoholic beverages shall be permitted in full service restaurants only. D. Any 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 under Section 23E , except as below: 1. All food service uses shall be subject to the limitations of Section 23E and none shall be considered as an Incidental Use for this District. E. 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 F. Adult-oriented Businesses and Amusement Arcades are prohibited. G. Live/Work Uses are subject to additional requirements under Chapter 23E.20. H. Non-Chartered Financial Institutions are subject to additional requirements under Chapter 23E Section 16. That Section 23E , Uses Permitted, subsection of the Use and Required Permits table of the Berkeley Municipal Code is amended to read as Table 23E Use Financial Services, Retail (Banks) Insurance Agents, Title Companies, Real Estate Agents, Travel Agents Medical Practitioners, including Holistic Health & Mental Health Practitioners Non-Chartered Financial Institutions Other Professionals, and Government, Institutions, Utilities Classification Special Requirements (if any) UP(PH) UP(PH) Prohibited AUP** When located on the ground floor adjacent to a street frontage, storefront windows required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area Subject to parking requirements; see Section23E 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 Ordinance No. 7,425-N.S. Page 9 of 13

10 Section 17. That Section 23E of the Berkeley Municipal Code is amended to read as 23E Use Limitations A. No Commercial use shall operate except between the hours of 7:00 a.m. and 11:00 p.m., unless a Variance is obtained and in accordance with Section 23E B. Any 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 under Table 23E , except that all food service uses shall be subject to the numerical limitations listed in Table 23E C. 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 under Table 23E D. Adult-oriented Businesses are not permitted, as the entire District is within the location limitations of Section 23E Amusement Arcades and Non-Chartered Financial Institutions are not permitted in this District. Live/Work Uses shall be subject to the requirements of Chapter 23E.20, in addition to the requirements of this District. Alcoholic Beverage Service uses, except as provided for below, are not permitted: 1. No on-premise service and consumption of distilled alcoholic beverages shall be allowed except in full service restaurants, and subject to obtaining a Use Permit. 2. Food Service Establishments shall have no live entertainment other than unamplified music, poetry reading, comedy or other quiet activities. Section 18. That Section 23E , Uses Permitted, Office Uses subsection of the table of the Berkeley Municipal Code is amended to read as Table 23E Use Office Uses Permits Required to Establish, Expand or Change Use (sq. ft.) Office uses other than banks prohibited on ground floors in designated nodes. Under 3,000 3,000-5,000 5,000 or more Special Requirements (if any) Ordinance No. 7,425-N.S. Page 10 of 13

11 All Office Uses, except those specified below ZC AUP UP(PH) Business Support Services ZC AUP UP(PH) See definition in Sub-title F for permitted uses Financial Services, Retail (Banks) Medical Practitioners, including Holistic Health and Mental Health Practitioners ZC AUP AUP UP(PH) Subject to parking requirements under Section 23E F Non-Chartered Financial Institutions UP(PH) Subject to additional requirements; see Section 23E Section 19. That Section 23E of the Berkeley Municipal Code is amended to read as 23E Use Limitations A. No commercial use shall operate except between the hours of 7:00 a.m. and 11:00 p.m. unless a Use Permit is obtained; provided, however, if the use is located within a designated node, the use may operate between 6:00 a.m. and 7:00 a.m. and/or 11:00 p.m. and 12:00 midnight with a Zoning Certificate. 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 under Table 23E C. For purposes of the Noise Ordinance, Chapter 13.40, the C-W District shall be considered a Commercial District. D. Adult-oriented Businesses, Alcoholic Beverage Sales or Service Uses, Amusement Arcades, Live/Work Uses, and Non-Chartered Financial Institutions shall be subject to the requirements of Chapters 23E.16 and 23E.20, in addition to the requirements of this District. E. For changes of use on San Pablo Avenue: 1. On lots with frontage on San Pablo Avenue, a use classified in Table 23E as an Automobile or Other Vehicle-Oriented Use may only be established on a site which was legally used or approved for use as an Automobile or Other Vehicle Oriented Use as of March 1, 1997 (such sites are hereinafter designated as automotive sites). 2. On an automotive site, if the automotive use is discontinued for a period of two years or more, it may not be re-established. Section 20. That Section 23E , Uses Permitted, Uses subsection of the table of the Berkeley Municipal Code is amended to read as Ordinance No. 7,425-N.S. Page 11 of 13

12 Table 23E Use Classification Special Requirements Financial Services, Retail (Banks) AUP Within the Arts District Overlay, see Under 7,500 s.f. ZC Section23E Within the A.D.O. Insurance Agents, Title Companies, Real Estate Agents, Travel Agents AUP ZC Subject to additional requirements; see Section23E E Within the A.D.O. AUP Within the Arts District Overlay, see Section23E Medical Practitioners ZC Including Holistic Health and Mental Health Practitioners Within the A.D.O. AUP Within the Arts District Overlay, see Section23E Non-Chartered Financial Institutions Other Professionals and Government, Institutions, Utilities Prohibited ZC Subject to additional requirements; see Section23E E Within the A.D.O. AUP Within the Arts District Overlay, see Section23E Section 21. That Section 23E of the Berkeley Municipal Code is amended to read as 23E Use Limitations A. No commercial use shall operate except between the hours of 6:00 a.m. and 2:00 a.m. except as authorized by an Administrative Use Permit, and in accordance with Section 23E B. Any use that 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 C. Any activity or use that 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 D. Adult-oriented Businesses, Alcoholic Beverage Sales or Service Uses, Amusement Arcades shall be subject to the requirements of Chapter 23E.16 in addition to the requirements of this Chapter. Ordinance No. 7,425-N.S. Page 12 of 13

13 E. For new uses identified in Table 23E that are located on the ground floor adjacent to a street frontage, storefront windows are required to include a window display or to be into the storefront area. F. In new buildings constructed on Public Serving Frontages, as illustrated in Subtitle 23F and the Downtown Area Plan, entrances to individual dwelling units and to living quarters in Group Living Accommodations are prohibited on the street-facing side of the street-level floor. G. Non-Chartered Financial Institutions are not permitted in this District. Section 22. 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 June 23, 2015, this Ordinance was passed to print and ordered published by posting by the following vote: Ayes: Noes: Absent: Anderson, Arreguin, Capitelli, Droste, Maio, Moore, Wengraf, Worthington and Bates. None. None. Ordinance No. 7,425-N.S. Page 13 of 13

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