date: january 25, 2018 to: members of the zorp ad hoc ......23c.06: bed and breakfast establishments...

Planning and Development Department Land Use Planning Division

1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.6903 Fax: 510.981.7420

E-mail: [email protected]

DATE: January 25, 2018

TO: Members of the ZORP Ad Hoc Subcommittees

FROM: Alene Pearson, Associate Planner

SUBJECT: Background Materials for January 31, 2018 Meeting This document provides a brief introduction to the background materials distributed for the January 31, 2018 meetings of the Zoning Ordinance Revision Project (ZORP) subcommittees.

1. Agenda

2. Annotated Outline

The annotated outline shows the recommended structure of the Baseline Zoning Ordinance (BZO*). * NOTE: The Baseline Zoning Ordinance (BZO) is the primary deliverable of ZORP Phase 1. It is a reformatted, restructured, and clarified version of the existing Zoning Ordinance (ZO). The BZO will not include any substantive changes.

3. Disposition Table

The disposition table shows reorganization of the existing chapters of the ZO. 4. Sample Chapter – Introductory Provisions

This sample chapter (Introductory Provisions) illustrates the recommended approach to the BZO. When reviewing, focus attention on the formatting, the use of footnotes, and the method of flagging Potential Phase 2 Amendments.

5. Chapter 23D.16 with Comments

This is the existing R-1 Chapter of Berkeley’s Zoning Ordinance with notes and questions about content. This document illustrates our initial step in migrating code from the exiting ZO to the BZO. Note highlighted sections of code and questions

of 2

in the sidebar. Some questions in the sidebar call out “Subcommittee Content Questions” – see Document #7 for explanation.

6. Sample Chapter – Residential Districts

This is the target chapter in the BZO for R-1 regulations. This document is similar to Document #4 (Sample Chapter – Introductory Provisions) but only partially complete. This document can be compared to Document #5 (Chapter 23D.16 with Comments) to further illustrate our process of moving content from the existing ZO to the BZO.

7. Subcommittee Content Questions These are the ZO content questions the subcommittee will be asked to consider.

Planning & Development Department Land Use Planning Division

Planning Commission Zoning Ordinance Revision Project (ZORP) Subcommittee

DOCUMENT #1 AGENDA

Jan. 31, 2018 ZORP Subcommittee Meeting

Subcommittee Meeting Announcement and Agenda

Meeting #1: Zoning Ordinance Revision Project (ZORP) Approach Date: Wednesday, January 31, 2018 Time: 6:30 p.m. – 8:00 p.m. Place: North Berkeley Senior Center

1901 Hearst Avenue

I. Background II. Baseline Zoning Ordinance: Organization and Format III. Baseline Zoning Ordinance: Content Questions

Please refrain from wearing scented products to public meetings. Pursuant to section 54954.3 of the California Government Code, public comment during this special meeting is intended to provide an opportunity for members of the public to directly address the Planning Commission Subcommittee concerning any item that has been described in the notice for the meeting before or during consideration of that item. This limits public comment to only the items listed on this agenda. Contact person: Alene Pearson, Associate Planner, (510) 981-7489. The Planning Commission ZORP Subcommittee consists of three of the nine Commissioners: Robb Kapla, Prakash Pinto and Christine Schildt.

Planning & Development Department Land Use Planning Division

Zoning Adjustments Board Zoning Ordinance Revision Project (ZORP) Subcommittee

DOCUMENT #1 AGENDA

January 31, 2018 ZORP Subcommittee Meeting

Subcommittee Meeting Announcement and Agenda

Meeting #1: Zoning Ordinance Revision Project (ZORP) Approach Date: Wednesday, January 31, 2018 Time: 6:30 p.m. – 8:00 p.m. Place: North Berkeley Senior Center

1901 Hearst Avenue

I. Background II. Baseline Zoning Ordinance: Organization and Format III. Baseline Zoning Ordinance: Content Questions

Please refrain from wearing scented products to public meetings. Pursuant to section 54954.3 of the California Government Code, public comment during this special meeting is intended to provide an opportunity for members of the public to directly address the Zoning Adjustments Board ZORP Subcommittee concerning any item that has been described in the notice for the meeting before or during consideration of that item. This limits public comment to only the items listed on this agenda. Contact person: Alene Pearson, Associate Planner, (510) 981-7489. The Zoning Adjustments Board ZORP Subcommittee consists of three of the nine Board members: Denise Pinkston, Patrick Sheahan, and Igor Tregub.

DOCUMENT #2 ANNOTATED OUTLINE

Jan 31, 2018 ZORP Subcommittee Meeting

Page 1 of 3

New Chapters Existing Chapters

User’s Guide Describes Zoning Ordinance purpose, content, and how to find the rules that apply to a property. Will focus on needs of homeowners unfamiliar with zoning rules.

Division 1: General Provisions

Chapter 23.102: Introductory Provisions Includes title, adoption, purpose, relationship with General Plan and specific plans, applicability, compliance required, conflicting provisions, transitional provisions, severability.

23A.04, 23A.12, 23A.24

Chapter 23.104: Interpreting the Zoning Ordinance Describes who has the authority to interpret the Zoning Ordinance, general rules for interpretation of language, and procedures for official interpretations.

23A.08

Chapter 23.106: Rules of Measurement Consolidates into one chapter rules for measurement, including rules for measuring lot coverage, density, distances, floor area, floor area ratio, height, lot area and dimensions, setbacks, slope.

Throughout Ordinance

Chapter 23.108: Zoning Districts and Map Lists all zoning districts and overlays and incorporates Zoning Map by reference.

23A.16

Division 2: Zoning Districts

Individual chapters for each zoning districts combined into longer chapters of related districts (residential, commercial and mixed use, and west side districts). Eliminates repetition in separate district chapters. Allowed land uses shown in one table in each chapter. Development that is not a use (e.g., fences) is removed from allowed land uses table. Clearly identifies permits required for different types of projects (e.g., AUP for residential additions) and basis for approval or denial. Separate sections with development standards for each district to show standards on two pages with table and diagram. Adds maps showing boundaries of geographic areas with unique standards (e.g., C-W nodes, car-free housing overlay)

Chapter 23.202: Residential Districts R-1, R-1A, R-2, R-2A, R-3, R-4, R-5, R-S, and R-SMU districts. Consolidates repeated provisions applicable to multiple residential districts into one chapter, including addition of bedrooms, permit thresholds for residential additions, height exceptions, setback reductions, usable open space, refuse screening, findings, lot dimensions and configuration.

23D.16, 23D.20, 23D.24, 23D.28, 23D.32, 23D.36, 3D.40. 23D.44, 23D.48, 23D.52



Page 2 of 3


Chapter 23.204: Commercial and Mixed Use Districts C-C, C-U, C-N, C-E, NS, C-SA, C-T, C-SO districts. Changes name of C-1 to Corridor Commercial (C-C). Moves University Avenue Strategic Plan Overlay standards from C-C, to new University Avenue Commercial (C-U) district. Consolidates standards generally applicable to commercial and mixed-use districts, including permits for new and converted floor area, hours of operation, outdoor activities, height and setback exceptions, residential transitions, design standards, findings.

23E.68, 23E.36, 23E.40, 23E.44, 23E.48, 23E.52, 23E.56, 3E.60

Chapter 23.206: West Berkeley Districts C-W, M, MM, MU-LI, and MU-R districts. Consolidates requirements applicable to all West Berkeley Specific Plan districts, including protected uses, conversions, use limitations, development and performance standards, and findings.

23E.64, 23E.72, 23E.76, 23E.80, 23E.84

Chapter 23.208: Special Purpose Districts SP, U districts.

23E.88, 23E.92

Chapter 23.210: Overlay Zones Overlay zones that apply to two or more districts go here (Hillside and Civic Center). Overlay zones that apply to one district will remain in the district chapters, and identified and referenced here.

23E.96, 23E.98

Division 3: Citywide Provisions

Chapter 23.302: Use-Specific Regulations Master Use tables for all districts. Supplemental standards for specific land uses, including accessory uses, bed and breakfast establishments, emergency shelters, home occupations, adult-oriented businesses, alcoholic beverage sales and service, amusement arcades, medical cannabis uses, non-chartered financial institutions, live/work, sidewalk café seating, temporary uses.

23C.06, 23C.10, 23C.16, 23C.20.020, 23E.16, 23E.20, 23E.24

Chapter 23.304: General Development Standards Development standards that apply citywide, including general lot requirement, height limit exceptions, setback reductions, usable open space, screening, accessory structures, (including fences, walls and hot tubs), temporary structures

23B.40, 23D.04, 23E.04, 23C.20.010, 23C.20.030, 23D.08

Chapter 23.306: Accessory Dwelling Units 23D.10

Chapter 23.308: Parking and Loading All parking provisions consolidated into one chapter.

23D.12, 23E.28, 23E.32

Chapter 23.310: Nonconforming Uses and Structures 23C.04



Page 3 of 3


Chapter 23.312: Demolition and Dwelling Unit Control 23C.08

Chapter 23.314: Inclusionary Housing 23C.12

Chapter 23.316: Wireless Communication Facilities 23C.17

Division 4: Permits and Administration

Chapter 23.402: Administrative Responsibility Describes roles and responsibility of Zoning Officer, ZAB, and Planning Commission in the administration of the Zoning Ordinance. Includes summary table of decision-making authority for all permits and approvals.

23B.04, 23B.08, 23B.12

Chapter 23.404: Common Permit Requirements Describes permit procedures that all apply generally, including application filing and review, public notices and hearings, use of conflict resolution or mediation service, one percent for public art, effective dates of decisions, performance guarantees, changes to approved projects, time limits and extensions, resubmittals, and compliance and revocation

23B.16, 23B.24, 23B.56, 23B.60, 23C.23

Chapter 23.406: Specific Permit Requirements Permit requirements unique to specific types of permits (e.g., findings) presented as sections within a single chapter. Includes Zoning Conformance Review, Administrative Use Permits, Use Permits, Master Use Permits, Design Review, Variances, Modification of Development Standards, Reasonable Accommodation.

23B.20, 23B.28, 23B.32, 23B.36, 23B.40, 23B.44, 23B.4823B.52

Chapter 23.408: Green Pathway 23B.34

Chapter 23.410: Appeals Combines all appeal provisions in one chapter.

23B.28.060, 23B.32.050

Chapter 23.412: Zoning Code Amendments 23A.20

Chapter 23.414: Enforcement 23B.64, 23B.68

Division 5: Definitions

Chapter 23.502: Land Use Definitions Definitions for allowed land uses.

23F.04

Chapter 23.504: Glossary Definition for general terms.

23F.04

DOCUMENT #3 DISPOSITION TABLE


1

Existing Chapters New Chapters

Sub-Title 23A: Ordinance Applicability

23A.04: Title, Adoption and Purposes 23.102: Introductory Provisions

23A.08: Interpretation and Construction of Ordinance 23.104: Interpretation of the Zoning Ordinance

23A.12: General Regulations 23.102: Introductory Provisions

23A.16: Zoning Maps, Districts and Boundaries 23.108: Zoning Districts and Map

23A.20: Zoning Ordinance Amendments 23.412: Zoning Code Amendments

23A.24: Applicability, Emergencies, Interpretation, Severability, Rules of Evidence and Procedure 23.102: Introductory Provisions

Sub-Title 23B: Ordinance Administration

23B.04: Zoning Adjustments Board

23.402: Administrative Responsibility 23B.08: Design Review Committee

23B.12: Zoning officer

23B.16: Use of Conflict Resolution or Mediation Service 23.404: Common Permit Requirements

23B.20: Zoning Conformance Review 23.406: Specific Permit Requirements

23B.24: Applications for Permits 23.404: Common Permit Requirements

23B.28: Administrative Use Permits 23.406: Specific Permit Requirements

23B.32: Use Permits

23B.34: Green Pathway 23.408: Green Pathway

23B.36: Master Use Permits

23.406: Specific Permit Requirements

23B.40: AUPs For Temporary Uses

23B.44: Variances

23B.48: Modification of Development Standards

23B.52: Reasonable Accommodation

23B.56: Conditions Applicable to All Permits 23.404: Common Permit Requirements

23B.60: Compliance and Revocation

23B.64: Abatement of Nuisances 23.414: Enforcement

23B.68: Private Right of Action

Sub-Title 23C: General Provisions Applicable in All Districts

23C.04: Conforming and Non-Conforming Uses, Buildings and Lots

23.310: Nonconforming Uses and Structures



2


23C.06: Bed and Breakfast Establishments in Residential Districts 23.302: Use-Specific Regulations

23C.08: Demolition and Dwelling Unit Controls 23.312: Demolition and Dwelling Unit Control

23C.10: Emergency Shelter Zoning 23.302: Use-Specific Regulations

23C.12: Inclusionary Housing Requirements 23.314: Inclusionary Housing

23C.16: Home Occupations 23.302: Use-Specific Regulations

23C.17: Wireless Telecommunication Facilities 23.316: Wireless Communication Facilities

23C.20: Exemptions 23.304: General Development Standards; 23.302: Use-Specific Regulations

23C.23: One-Percent for Public Art on Private Projects 23.404: Common Permit Requirements

Sub-Title 23D: Provisions Applicable in All Residential Districts

23D.04: Lot and Development Standards Chapter 23.304: General Development Standards 23D.08: Accessory Buildings and Structures

23D.10: Accessory Dwelling Units 23.306: Accessory Dwelling Units

23D.12: Off-Street Parking Requirements 23.308: Parking and Loading

23D.16: R-1 Single Family Residential District Provisions

23.202: Residential Districts

23D.20: R-1A Limited Two-Family Residential District Provisions

23D.24: ES-R Environmental Safety-Residential District Provisions

23D.28: R-2 Restricted Two-Family Residential District Provisions

23D.32: R-2A Restricted Multiple-Family Residential District Provisions

23D.36: R-3 Multiple Family Residential District Provisions

23D.40: R-4 Multi-Family Residential District Provisions

23D.44: R-5 High Density Residential District Provisions

23D.48: R-S Residential Southside District Provisions

23D.52: R-SMU Residential Southside Mixed Use District Provisions

Sub-Title 23E: Provisions Applicable in All Non-Residential Districts

23E.04: Lot and Development Standards 23.304: General Development Standards



3


23E.08: Design Review 23.406: Specific Permit Requirements

23E.12: Design Review Process

23E.16: Special Use Standards

23.302: Use-Specific Regulations 23E.20: Live/Work Provisions

23E.24: Sidewalk Cafe Seating

23E.28: Off-Street Parking and Transportation Services Fee 23.308: Parking and Loading 23E.32: Loading Space Requirements

23E.36: C-1 General Commercial District Provisions

23.204: Commercial and Mixed Use Districts

23E.40: C-N Neighborhood Commercial District Provisions

23E.44: C-E Elmwood Commercial District Provisions

23E.48: C-NS North Shattuck Commercial District Provisions

23E.52: C-SA South Area Commercial District Provisions

23E.56: C-T Telegraph Avenue Commercial District Provisions

23E.60: C-So Solano Avenue Commercial District Provisions

23E.64: C-W West Berkeley Commercial District Provisions

23.206: West Berkeley Districts

23E.68: C-DMU Downtown Mixed Use District Provisions

23.204: Commercial and Mixed Use Districts

23E.72: M Manufacturing District Provisions

23.206: West Berkeley Districts 23E.76: MM Mixed Manufacturing District Provisions

23E.80: MU-LI Mixed Use-Light Industrial District Provisions

23E.84: MU-R Mixed Use-Residential District Provisions

23E.88: SP Specific Plan District Provisions 23.208: Special Purpose Districts

23E.92: U Unclassified District Provisions

23E.96: H Hillside Overlay District Provisions 23.210: Overlay Zones

23E.98: Civic Center District Overlay

Sub-Title 23F: Definitions



4


23F.04: Definitions 23.502: Land Use Definitions; 23.504: Glossary

INTRODUCTORY PROVISIONS Sections:

23.102.010 – Title

23.102.020 – Effective Date

23.102.030 – Authority

23.102.040 – Purpose of the Zoning Ordinance

23.102.050 – Applicability and Jurisdiction

23.102.060 – Emergencies

23.102.070 – Transitional Provisions

23.102.080 – Severability

23.102.010 – TITLE1 Municipal Code Title 23 is known and cited as the “City of Berkeley Zoning Ordinance” and

referred to in this title as “the Zoning Ordinance.”

23.102.020 – EFFECTIVE DATE2 The Zoning Ordinance takes effect and is in force from and after [date of adoption].

23.102.030 – AUTHORITY3 The Zoning Ordinance is adopted under the authority in California Government Code Section

65850 and all other relevant laws of the State of California. If the Zoning Ordinance refers to a

section of state law that is later amended or superseded, the Zoning Ordinance is deemed amended

to refer to the amended section or the section that most closely corresponds to the superseded

section.

23.102.040 – PURPOSE OF THE ZONING ORDINANCE4 A. General. The purpose of the Zoning Ordinance is to implement the General Plan and adopted

area plans and to protect the public health, safety, and welfare.

B. Specific. The Zoning Ordinance is intended to:

1. Encourage appropriate land uses and a harmonious relationship among land uses by

regulating the location and type of allowed land uses and development.

1 Revises 23A.040.010. 2 New. 3 New. 4 Revises 23A.04.030. Deletes references to specific area plans.

DOCUMENT #4 SAMPLE CHAPTER

Jan. 31, 2018 ZORP Subcommittee Meeting Page 1 of 5

2. Provide for the appropriate intensity of development by regulating:

a. The establishment, density and change of uses;

b. The construction of buildings and additions; and

c. The size and coverage of lots.

3. Provide for adequate light and air by:

a. Limiting building height, bulk, and size; and

b. Requiring building yard setbacks from property lines and separations between buildings.

4. Provide for adequate usable open space, off-street parking, and off-street loading spaces for specified land uses by:

a. Requiring reservations of land and structures for such purposes; and:

b. Regulating the number, placement, and location of such spaces and areas.

5. Prevent adverse effects of commercial and manufacturing activities by:

a. Limiting the hours, intensity, presence of outdoor activities, and other aspects of commercial and manufacturing land uses; and

b. Limiting the number and size of commercial and manufacturing land uses in specified districts.

6. Provide review of major changes in buildings by regulating proposals for their demolition, conversion, or relocation.

7. Ensure that the construction and alteration of buildings in non-residential districts is compatible with the existing neighborhoods by requiring design review to provide for a

pleasing Berkeley environment and encourage excellence in design.

8. Protect Berkeley’s existing housing stock by regulating the reduction in size, removal, demolition, or conversion of dwelling units, group living accommodations, and residential

hotel rooms.

9. Promote the development of affordable housing for all persons and in particular for persons with low and moderate incomes.

10. Incorporate the substantive provisions of the Neighborhood Preservation Ordinance (NPO), a citizen initiative, to the extent permitted by law.

► Potential Phase 2 Amendment: Revise the Zoning Ordinance purpose statement in Section 23.04.040 to better reflect current City goals and priorities.



23.102.050 – APPLICABILITY AND JURISDICTION A. Applicability.5

1. General. The Zoning Ordinance applies to all property in Berkeley, including property owned by the City and other governmental entities, to the full extent permitted by law.

2. Public Right-of-Way. The Zoning Ordinance does not apply to uses and structures wholly in the public right-of-way, unless otherwise specified. Such uses and structures must comply

with Encroachment Permit regulations in Municipal Code Chapter 16.18 (Right-of-Way

Encroachments and Encroachment Permits).

B. Compliance Required. All land uses and structures in Berkeley shall comply with the Zoning Ordinance.6

C. Approvals Required. 7 A land use may be established and a structure may be constructed, altered, or moved only after:

1. All applicable project review and approval processes have been followed;

2. All required permits and approvals have been obtained; and

3. All required authorizations to proceed have been issued.

D. Other Regulations. 8 Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the

property.

23.102.060 – EMERGENCIES9 A. Deviations Allowed. During a local emergency, the City Council may allow a land use or

structure to be established without a Use Permit or other approval ordinarily required by the

Zoning Ordinance.

B. Approval Procedures.

1. The City Council may approve such a land use or structure by the same vote required for the adoption of an urgency ordinance upon finding that:

a. An emergency exists as defined in Municipal Code Section 2.88.020 (Emergency Defined); and

b. The use or structure is required to ameliorate the effects of the emergency.

5 Revises 23A.24.010. 6 Revises 23A.12.010. 7 New. Expands on existing Section 23A.12.010. 8 Revises 23A.24.030.C. 9 Revises 23A.24.020.



C. Effective Date of Action. Action by the City Council under this section is effective immediately.

D. Post-Emergency Requirements.

1. Uses and structures permitted under this section are no longer authorized after the City Council declares the emergency has ended.

2. After the emergency has ended, uses and structures shall either:

a. Be removed or discontinued; or

b. Apply for all permits and approvals required by the Zoning Ordinance.

23.102.070 – TRANSITIONAL PROVISIONS A. Relation to Prior Zoning Ordinance. The Zoning Ordinance supersedes the prior Zoning

Ordinance codified in Municipal Code Title 23, including all Title 23 sub-titles and appendices.10

B. Violations Continue. A violation of the prior Zoning Ordinance continues to be a violation under this Zoning Ordinance unless the violation is brought into compliance with this Zoning

Ordinance.11

C. Pending Applications.12

1. If the City deems an application complete but does not take final action on the application before the effective date of this Zoning Ordinance, the application remains subject to prior

Zoning Ordinance in effect when the application was deemed complete.

2. If the City deems an application withdrawn under Section 23.76.XX (Applications Deemed Withdrawn), any re-application is subject to the requirements of this Zoning Ordinance.

D. Approved Projects.

1. Permits and other approvals valid on the effective date of this Zoning Ordinance remain valid until their expiration date.

2. Projects with valid permits or approvals shall be completed in compliance with the standards in effect at the time of approval. If the permit or approval expires, future development shall

comply with the requirements of this Zoning Ordinance.14

E. Nonconformities. A parcel, land use, or structure legally established prior to [effective date of Zoning Ordinance] that does complies with this Zoning Ordinance is considered

10 Revises Section 23A.04.020.B, first sentence. 11 Revises Section 23A.04.020.B, second sentence. 12 New. Codifies current City practice and law. 14 Revises 23A.24.030.B. Removes statement that Zoning Ordinance does not interfere with existing regulations. Clarifies rules applying to previously approved projects consistent with existing City practices and law.



nonconforming and subject to the requirements in Chapter 23.XX (Nonconforming Uses and

Structures).15

23.102.080 – SEVERABILITY16 If any portion of the Zoning Ordinance is found invalid or unconstitutional by a court of competent

jurisdiction, such decision shall not affect the validity or the constitutionality of the remaining

portions of the Zoning Ordinance, which shall remain in full force and effect. The City Council

declares that it would have passed the Zoning Ordinance and each of its portions, regardless of

whether any portion is declared invalid or unconstitutional.

15 New. Adds up-front reference to nonconformities chapter. 16 Revises 23A.24.030.E.



DOCUMENT #5 CHAPTER 23D.16 with COMMENTS


Page 1 of 8

Chapter 23D.16

R-1 Single Family Residential District Provisions

Sections:

23D.16.010 Applicability of Regulations 23D.16.020 Purposes 23D.16.030 Uses Permitted 23D.16.040 Reserved 23D.16.050 Special Provisions: Addition of Bedrooms to Parcels 23D.16.060 Reserved 23D.16.070 Development Standards 23D.16.080 Parking -- Number of Spaces 23D.16.090 Findings

Section 23D.16.010 Applicability of Regulations

The regulations in this Chapter shall apply in all R-1 Districts. In addition, the general provisions contained in Sub-title 23C shall apply. Where the H District overlays a property so as to be classified R-1(H), the Hillside District provisions of Chapter 23E.96 shall also apply. (Ord. 6478-NS § 4 (part), 1999)

Section 23D.16.020 Purposes

The purposes of the Single Family Residential (R-1) Districts are to:

A. Recognize and protect the existing pattern of development in the low density, single family residential areas of the City in accordance with the Master Plan;

B. Make available housing for persons who desire detached housing accommodations and a relatively large amount of Usable Open Space;

C. Protect adjacent properties from unreasonable obstruction of light and air; and

D. Permit the construction of community facilities such as places for religious assembly, Schools, parks and libraries which are designed to serve the local population when such will not be detrimental to the immediate neighborhood. (Ord. 6478-NS § 4 (part), 1999)

Commented [BN1]: Does this purpose statement accurately reflect current R-1 intent? If not, potential Phase 2 amendment.

Commented [BN2]: Master Plan has same meaning as General Plan, right?

Commented [PA3R2]: agree



Page 2 of 8

Section 23D.16.030 Uses Permitted

The following table sets forth the Permits required for each listed item. Each Use or structure shall be subject to either a Zoning Certificate (ZC), an Administrative Use Permit (AUP), a Use Permit approved after a public hearing (UP(PH)) or is Prohibited.

Table 23D.16.030 Use and Required Permits

Use Classification Special Requirements (if any) Uses Permitted Child Care Centers UP(PH) Clubs, Lodges UP(PH) Community Care Facilities/Homes

Changes of Use New Construction

ZC UP(PH)

Subject to parking requirements. See Section 23D.16.080.A

Community Centers UP(PH) Dwelling Units, Single-family, subject to R-1 Standards

UP(PH)

Residential Additions (up to 15% of lot area or 600 square feet, whichever is more restrictive)

ZC See Section 23D.16.070 for restrictions.

Major Residential Additions

AUP See definition in Sub-title F. Denial subject to Section 23D.16.090.B.

Libraries UP(PH) Subject to parking requirements. See Section 23D.16.080.A

Parks and Playgrounds ZC Parking Lots UP(PH) Subject to Section

23D.12.090 Public Safety and Emergency Services

UP(PH)

Religious Assembly Uses UP(PH)

Commented [BN4]: Are uses requiring a Use Permit additive to permitted uses?

Commented [BN5]: How do we handle unlisted uses in residential zones? See Content Question No.1.

Commented [BN6]: Does “new construction” mean only entirely new structures, or does it also include additions to or substantial remodels of an existing structure? See Content Question No. 2.

Commented [BN7]: Is there any reason we can’t remove from the allowed land use table and address permit requirements for residential additions elsewhere in the chapter?

Commented [BN8]: Allow parking lots as primary use on lot or only as an accessory use serving a primary use? See Content Question 3.

Commented [PA9R8]: Allow as primary and incidental uses – not accessory.



Page 3 of 8


Use Classification Special Requirements (if any) Schools, Public or Private UP(PH) Addition of bedrooms to parcels

AUP UP(PH)

Subject to Section 23D.16.050

Accessory Uses and Structures Accessory Buildings or Structures

ZC Must satisfy the requirements of Chapter 23D.08 If has either habitable

space and/or exceeds the requirements under Chapter 23D.08

AUP

When located on a vacant lot without a Main Building

AUP

Accessory Dwelling Units in compliance with Section 23D.10.040

ZC

Accessory Dwelling Unit that does not comply with requirements under Section 23D.10.040

AUP Subject to making applicable findings in Section 23D.10.060

Short-Term Rental ZC Subject to requirements of Chapter 23C.22

Child Care; Family Day Care

Small Family Day Care Homes: of eight or fewer children

ZC

Large Family Day Care Homes: of nine to 14 children

AUP

Fences If six ft. or less in height ZC

Commented [BN10]: Is there any reason we can’t remove from the allowed land use table and address permit requirements for bedroom additions elsewhere in the chapter?

Commented [BN11]: Please confirm permit requirements in 23D.08 govern over this.

Commented [BN12]: Are there any types of accessory buildings that do not have habitable space?

Commented [PA13R12]: No 23F.04: Accessory Building: A detached building containing habitable space, which is smaller in size than the main building on the same lot, and the use of which is incidental to the primary use of the lot



Page 4 of 8


Use Classification Special Requirements (if any) Exceed six ft. in height AUP In required setbacks

Home Occupations Low Impact ZC If the requirements of

Section 23C.16.020 are met Moderate Impact, teaching-related

AUP Subject to the requirements of Section 23C.16.030.A

Moderate Impact UP(PH) Subject to the requirements of Section 23C.16.030.B

Hot Tubs, Jacuzzis, Spas AUP See Section 23D.08.060.C Stables for Horses AUP Miscellaneous Uses Cemeteries, Crematories, Mausoleums

Prohibited

Columbaria AUP Allowed with a ZC if incidental to a Community and Institutional Use, limited to 400 niches, and no more than 5% of the subject property area. When located outside of the main building columbaria structures are subject to Chapter 23D.08.

Commercial Excavation UP(PH) Including earth, gravel, minerals, or other building materials including drilling for, or removal of, oil or natural gas

Public Utility Substations, Tanks

UP(PH)

Wireless Telecommunications Facilities

Commented [BN14]: Is it okay if we remove fence permit requirements from allowed use table and address in new 23.304 with cross reference?

Commented [BN15]: Is it okay if we remove hot tub, Jacuzzis, and spa permit requirements from allowed use table and address in new 23.304 with cross reference?

Commented [BN16]: Is it okay if we remove prohibited uses from table and instead clearly state our rule for unlisted uses residential districts?



Page 5 of 8


Use Classification Special Requirements (if any) Microcell Facilities AUP Subject to the requirements

and findings of Section 23C.17.100

All Other Telecommunication Facilities

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

Legend: ZC -- Zoning Certificate AUP -- Administrative Use Permit

UP(PH) -- Use Permit, public hearing required Prohibited -- Use not permitted

(Ord. 7521-NS § 2, 2017; Ord. 7426-NS § 5, 2015; Ord. 7306-NS § 1, 2013; Ord. 7155-NS § 1, 2010; Ord. 7129-NS § 2, 2010; Ord. 6949-NS § 2 (part), 2006: Ord. 6909-NS § 2 (part), 2006: Ord. 6854-NS § 3 (part), 2005: Ord. 6763-NS § 4 (part), 2003: Ord. 6671-NS § 6, 2001: Ord. 6644-NS § 1, 2001: Ord. 6478-NS § 4 (part), 1999)

Section 23D.16.040 Reserved

Reserved. (Ord. 7426-NS § 6, 2015: Ord. 6763-NS § 5 (part), 2003: Ord. 6478-NS § 4 (part), 1999)

Section 23D.16.050 Special Provisions: Addition of Bedrooms to Parcels

A. For the addition of a fifth bedroom to a parcel, an Administrative Use Permit (AUP) shall be required. For the addition of any bedroom beyond the fifth, a Use Permit with Public Hearing (UPPH) shall be required.

1. Serial/Cumulative Addition of Bedrooms: Serial addition of bedrooms to a parcel over time shall be considered cumulative and subject to these regulations.

2. The definition of "Bedroom" for the Special Provisions: Addition of Bedrooms to Parcels is from City of Berkeley Municipal Code Section 13.42.020.B "Operating Standards for Mini-Dorms". (Ord. 7306-NS § 2, 2013)

Commented [BN17]: Is it okay if we remove permit requirements for wireless facilities from allowed land use table and replace with reference to wireless chapter.

Commented [BN18]: Do ADU’s count towards bedroom count?

Commented [BN20]: Are there issues with this? Is this a potential Phase 2 amendment?

Commented [PA19R18]: no

Commented [BN21]: What exactly is meant be “serial addition.” Does this apply retroactively?



Page 6 of 8

Section 23D.16.060 Reserved

Section 23D.16.070 Development Standards

A. No lot of less than 5,000 square feet may be created.

B. No Dwelling Unit may be established on a lot with an area of less than 5,000 square feet, except that Accessory Dwelling Units may be created in a detached accessory building, or in an addition to an existing Main Building, on lots which have an area of no less than 4,500 square feet.

C. Each Main Building shall be limited in height as follows:

Height limit average (ft.) Stories limit (number) Main Building 28* 3 All Residential

Additions 14** Not applicable

* The Zoning Officer may issue an Administrative Use Permit to allow Main Buildings to exceed 28 feet in average height, up to 35 feet in average height ** The Zoning Officer may issue an Administrative Use Permit to allow residential additions to exceed 14 feet in average height, up to the district limit.

D. The Main Building shall be set back from the respective lot lines as follows:

Yard location Stories (number) Front Rear* Side**

1-3 20 ft. 20 ft. 4 ft. *See Section 23D.16.070.D.1 **See Sections 23D.16.070.D.2 and D.3

1. When the depth of any lot is less than 100 feet, the Rear Yard may be reduced to 20% of the lot depth.

2. When the width of any lot is less than 40 feet, the width of each Side Yard may be reduced to 10% of the lot width, but in no case to less than three feet.

3. The side yards on a corner lot shall be as follows:

Commented [BN22]: Has this ever been challenged for legal lots of record where development can comply with all other standards?

Commented [BN23]: Is this really true? Are ADU’s subject to lot size requirements?

Commented [PA24R23]: yes

Commented [BN25]: Does “main building” mean only entirely new buildings, excluding all projects defined as an “addition”? See Content Question No. 4.

Commented [BN26]: Does the 28-foot standard apply to non-residential additions? See Content Question No. 4.

Commented [BN27]: If a 14-foot addition brings the height of a main building up to 28 feet, are two AUPs required?

Commented [BN28]: Are the permit requirements for residential additions a potential Phase 2 amendment?

Commented [BN29]: Add diagram?



Page 7 of 8

a. On a corner lot, where there is a key lot to the rear thereof, the street side yard of the corner lot shall be not less than one-half the Front Yard required or existent on the key lot, whichever is smaller. This regulation shall not be applied so as to reduce the buildable area of the lot to a width of less than 20 feet, or to require the side yard to be in excess of ten feet.

b. Where a rear yard of not less than 50 feet in depth is maintained on a corner lot, adjacent to a key lot, the side yard may be reduced to four feet.

E. Maximum lot coverage may not exceed 40% of the lot area.

F. Each lot shall contain minimum usable open space area for each Dwelling Unit, including Accessory Dwelling Units: 400 square feet. (Ord. 6949-NS § 3 (part), 2006: Ord. 6478-NS § 4 (part), 1999)

Section 23D.16.080 Parking -- Number of Spaces

A. A lot shall contain the following minimum number of Off-street Parking Spaces:

Table 23D.16.080 Parking Required

Use Number of spaces Dwellings* One per unit Employees One per two non-resident employees for a

Community Care Facility** Libraries One per 500 sq. ft. of floor area that is

publicly accessible Rental of Rooms One per each two roomers or boarders * This also shall include Accessory Dwelling Units. An application for an Accessory Dwelling Unit that does not meet this standard may apply for an AUP to waive this requirement subject to a special finding under Section 23D.10.060.B. **This requirement does not apply to those Community Care Facilities which under state law must be treated in the same manner as a single family residence B. Other Uses requiring Use Permits, including, but not limited to, Child Care Centers,

Clubs, Lodges, and community centers, shall provide the number of Off-street Parking Spaces determined by the Board, based on the amount of traffic generated by the particular Use and comparable with specified standards for other Uses.

C. Schools having a total gross floor area exceeding 10,000 square feet, shall provide off-street loading spaces at the rates of:

Commented [BN30]: Question: Does this apply only to the interior side yard, and not the street side yard?

Commented [BN31]: Please confirm number of parking spaces will be addressed in new chapter 23.308.

Commented [BN32]: Please confirm this does not apply to Junior Accessory Units

Commented [PA33R32]: No JADUs in the ZO

Commented [BN34]: Please confirm parking is not required for ADU’s.

Commented [PA35R34]: No parking required.

Commented [BN36]: Does this also apply to uses requiring an AUP?

Commented [BN37]: By “traffic generated” do you mean “estimated parking demand”?


Commented [BN39]: Does the City have any dimensional or location standards that apply to loading spaces?



Page 8 of 8

1. One space for the first 10,000 square feet of gross floor area; and

2. One additional space for each additional 40,000 square feet of gross floor area. (Ord. 7426-NS § 7, 2015; Ord. 6854-NS § 4 (part), 2005: Ord. 6763-NS § 6 (part), 2003: Ord. 6478-NS § 4 (part), 1999)

Section 23D.16.090 Findings

A. In order to approve any 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. To deny a Use Permit for a major residential addition or residential addition subject to 23D.16.070 the Zoning Officer or Board must find that although the proposed residential addition satisfies all other standards of this Ordinance, the addition would unreasonably obstruct sunlight, air or views. (Ord. 7426-NS § 8, 2015: Ord. 6980-NS § 1 (part), 2007: Ord. 6763-NS § 7 (part), 2003: Ord. 6478-NS § 4 (part), 1999)

Commented [BN40]: Please confirm revisions to these findings are a Potential Phase 2 amendment.

Commented [BN41]: Question: “Permit” means only a UP or AUP, and excludes zoning clearances and other types of approvals, correct?


BASELINE ZONING ORDINANCE | JANUARY 2018 PAGE 202-1

RESIDENTIAL DISTRICTS Sections: 23.202.010 – Chapter Purpose 23.202.020 – Allowed Land Uses in Residential Zoning Districts 23.202.030 – R-1 Single-Family Residential District 23.202.040 – R-1A Limited Two-Family Residential District 23.202.050 – ES-R Environmental Safety-Residential District 23.202.060 – R-2 Restricted Two-Family Residential District 23.202.070 – R-2A Restricted Multiple-Family Residential District 23.202.080 – R-3 Multiple Family Residential District 23.202.090 – R-4 Multi-Family Residential District 23.202.100 – R-5 High Density Residential District 23.202.110 – R-S Residential Southside District 23.202.120 – R-SMU Residential Southside District 23.202.130 – Supplemental Residential Standards 23.202.140 – Criteria for Permit Decisions 23.202.150 – Summary of Residential Development Standards

23.202.010 – CHAPTER PURPOSE1 This chapter identifies allowed land uses and development standards for residential districts.

23.202.020 – ALLOWED LAND USES IN RESIDENTIAL ZONING DISTRICTS2 A. Allowed Land Uses. See Table 23.202-1 for allowed land uses in residential districts.

B. Additional Regulations. As noted in Table 23.202-1, see Chapter 23.302 (Use-Specific Regulations) for additional regulations that apply to individual land uses.

► Potential Phase 2 Amendment: Allow more uses by right or with an Administrative Use Permit to streamline the permitting process in residential districts. Modify types of allowed land use to better reflect purpose of each district and current conditions.

1 New chapter purpose statement. 2 Table 23.202-1 consolidates allowed land uses currently in separate chapters in Sub-title 23D into one table for all residential districts and standardizes land use terminology. Permit requirements for types of development and structures (e.g., fences) are removed from table and addressed in new sections or applicable chapters (e.g., accessory structures).



SECTION 23.202.020 CHAPTER 23.202 ‐ RESIDENTIAL DISTRICTS

PAGE 202-2 BASELINE ZONING ORDINANCE | JANUARY 2018 DRAFT

TABLE 23.202‐1: ALLOWED LAND USES IN RESIDENTIAL DISTRICTS ZC = Zoning Certificate UP = Use Permit AUP = Administrative Use Permit - = Prohibited Use

Residential Districts Additional

Regulations R-1 R-1A R-2 R-2A R-3 R-4 R-5 R-S R-SMU

Residential Uses

Duplex - UP

Group Living Accommodations - UP

Multi-Family Dwelling - UP

Senior Congregate Housing

Six or fewer persons - ZC

Seven or more persons - AUP

New Construction - UP

Single-Family Dwelling UP UP Public, Institutional, and Civic Uses

Child Care Centers UP UP

Clubs, Lodges UP UP

Columbaria AUP AUP 23.302.XX

Community Centers UP UP Community Care Facilities/Homes

Changes of Use ZC ZC

New Construction [3] UP UP

Hospitals - UP

Libraries UP UP

Nursing Homes - UP

Parks and Playgrounds ZC ZC Public Safety and Emergency Services UP UP

Religious Assembly Uses UP UP

Schools, Public or Private UP UP

Small Family Day Care Homes ZC ZC

Large Family Day Care Homes AUP AUP

Emergency Shelter 23.302.XX

Up to 15 beds - ZC

More than 15 beds - UP

Public Utility Substations, Tanks UP UP Commercial Uses

Commercial Excavation UP UP

Offices - UP

Retail Sales - UP [1]

Parking Lots [2] UP UP 23.302.XX Other Uses

Accessory Dwelling Units See 23.306 Accessory Uses See 23.302.XX



CHAPTER 23.202 ‐ RESIDENTIAL DISTRICTS SECTION 23.202.020

BASELINE ZONING ORDINANCE | JANUARY 2018 DRAFT PAGE 202-3

ZC = Zoning Certificate UP = Use Permit AUP = Administrative Use Permit - = Prohibited Use

Residential Districts Additional

Regulations R-1 R-1A R-2 R-2A R-3 R-4 R-5 R-S R-SMU

Home Occupations See 23.302.XX

Temporary Uses See 23.302.XX Wireless Telecommunications Facilities See 23.316

Note: [1] Allowed only when accessory to another use, contained within a building with no street access, and without displays of merchandise visible from the street. [2] Allowed as both a primary and accessory use on a lot. [3] New construction means construction of any new structure or addition o floor area to an existing structure.

23.202.030 – R‐1 SINGLE‐FAMILY RESIDENTIAL DISTRICT A. District Purpose.3 The purpose of the Single Family Residential (R-1) district is to:

1. Recognize and protect the existing pattern of development in the low density, single family residential areas of the city in accordance with the General Plan;

2. Make housing available for persons who desire detached housing and a relatively large amount of usable open space;

3. Protect adjacent properties from unreasonable obstruction of light and air; and

4. Permit community facilities such as religious assembly uses, schools, parks, and libraries which serve the local population and are not be detrimental to the immediate neighborhood.

► Potential Phase 2 Amendment: For all residential districts, revise purpose statements to better reflect purpose of residential districts.

B. Allowed Land Uses. See Table 23.202-1.

C. Development Standards.4

1. Basic Standards. See Table 23.202-2 for development standards in the R-1 district.

2. Supplemental Standards. As noted in Table 23.202-2, see Section 23.202.130 (Supplemental Residential Standards) for supplemental development standards that apply in the R-1 district.

3 Revises 23D.16.020. 4 Standards from 23D.16.070 unique to the R-1 district are shown in Table 23.202-2. Provisions from 23D.16.070 that apply to multiple residential districts (e.g., setback reductions) are found in 23.202.130 (Supplemental Residential Standards).





TABLE 23.28‐1: R‐1 DEVELOPMENT STANDARDS Basic Standards Supplemental Standards

Lot Standards

Minimum Lot Area 5,000 sq. ft. 23.202.040.F

Minimum Lot Area Per Dwelling Unit 5,000 sq. ft.

Minimum Lot Area for Accessory Dwelling Unit 4,500 sq. ft.

Maximum Coverage Area 40% 23.202.040.H

Minimum Usable Open Space Per Dwelling Unit 400 sq. ft. [1] 23.202.040.I

Primary Building Height, Maximum 23.202.040.G

New Buildings and Non-Residential Additions 28 ft. and 3 stories [2]

Residential Additions 14 ft. [3]

Primary Line Setbacks, Minimum 23.202.040.D

Front 20 ft.

Rear 20 ft.

Interior Side 4 ft.

Street Side 4 ft. Notes: [1] Minimum open space for accessory dwelling unit is in addition to required open space for main dwelling. [2] Maximum 35 ft. with an Administrative Use Permit. [3] Maximum 28 ft. with an Administrative Use Permit.

► Potential Phase 2 Amendment: In all residential districts, streamline permitting process for residential additions by allowing the maximum height by‐right provided the project conforms to new objective standards.

23.202.040 – R‐1A LIMITED TWO‐FAMILY RESIDENTIAL DISTRICT A. District Purpose.

B. Allowed Land Uses.

C. Development Standards.

23.202.050 – ES‐R ENVIRONMENTAL SAFETY‐RESIDENTIAL DISTRICT A. District Purpose.







23.202.060 – R‐2 RESTRICTED TWO‐FAMILY RESIDENTIAL DISTRICT A. District Purpose.



23.202.070 – R‐2A RESTRICTED MULTIPLE‐FAMILY RESIDENTIAL DISTRICT A. District Purpose

B. Allowed Land Uses

C. Development Standards

23.202.080 – R‐3 MULTIPLE FAMILY RESIDENTIAL DISTRICT A. District Purpose



23.202.090 – R‐4 MULTI‐FAMILY RESIDENTIAL DISTRICT A. District Purpose



23.202.100 – R‐5 HIGH DENSITY RESIDENTIAL DISTRICT A. District Purpose.5 The purpose of the High Density Residential (R-5) district is to:

1. Foster development of high density, multi-story residential areas close to major shopping, transportation, and employment centers, in accordance with the General Plan;

2. Make available housing for persons who desire convenience of location and who require relatively small amounts of usable open space;

3. Assure adequate light, air, privacy and usable open space to promote and protect their physical and mental health;

4. Protect adjacent properties from unreasonable obstruction of light and air;

5. Permit the construction of residential structures, such as apartments and hotels, which will provide housing opportunities for transient or seasonal residents; and

5 Revises 23D.44.020.





6. Permit the construction of institutional and office uses when such uses are not detrimental to the immediate neighborhood.

B. Allowed Land Uses. See Table 23.202-1.

C. Development Standards.6

1. Basic Standards. See Tables 23.202-X and 23.202-X for development standards in the R-5 district.

2. Supplemental Standards. As noted in Tables 23.202-X and 23.202-X, see Section 23.202.130 (Supplemental Residential Standards) for supplemental development standards that apply in the R-5 district.

TABLE 23.202‐X: R‐5 LOT AND HEIGHT STANDARDS Basic Standards Supplemental Standards

Minimum Lot Area

Minimum Lot Area 5,000 sq. ft. 23.202.040.F

Minimum Lot Area per Group Living Accommodation Room 175 sq. ft. [1]

Maximum Coverage Area [4] 23.202.040.H

1st and 2nd Stories 55%

3rd Story 50%

4th Story 45%

5th and 6th Stories 40%

Minimum Usable Open Space 23.202.040.I

Per Dwelling Unit 100 sq. ft.

Per Group Living Accommodation Room 25 sq. ft.

Maximum Primary Building Height 23.202.040.G

New Construction 40 ft. and 4 stories [2]

Residential Additions 18 ft. [3] Notes: [1] One additional person is allowed for 100 sq. ft. to 175 sq. ft. of remaining lot area. [2] Maximum 65 feet and 6 stories allowed with a Use Permit. [3] Maximum 40 feet and 4 stories allowed with an Administrative Use Permit [4] An addition 5 percent of coverage area per story is allowed for corner lots.

6 Standards from 23D.44.070 unique to the R-5 district are shown in Table 23.202-X. Provisions from 23D.16.070 that apply to multiple residential districts (e.g., setback reductions) are found in 23.202.130 (Supplemental Residential Standards).





TABLE 23.202‐X: R‐5 SETBACK AND BUILDING SEPARATION STANDARDS Basic Standards by Building Story Supplemental Standards

Minimum Property Line Setback 1st 2nd 3rd 4th 5th 6th

Front 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.

23.202.040.D Interior 4 ft. 4 ft. 6 ft. 8 ft. 10 ft. 12 ft.

Street Side 6 ft. 8 ft. 10 ft. 10 ft. 10 ft. 10 ft.

Rear 15 ft. 15 ft. 15 ft. 17 ft. 19 ft. 21 ft.

Minimum Building Separation [1] 8 ft. 12 ft. 16 ft. 20 ft. 24 ft. 28 ft. 23.202.040.E Note: [1] Minimum distance from main building on adjacent property.

23.202.110 – R‐S RESIDENTIAL SOUTHSIDE DISTRICT A. District Purpose.



23.202.120 – R‐SMU RESIDENTIAL SOUTHSIDE DISTRICT A. District Purpose.



23.202.130 – SUPPLEMENTAL RESIDENTIAL STANDARDS A. Additional Regulations. Table 23-202-X identifies Zoning Ordinance chapters and Municipal

Code titles with development regulations that may apply to a proposed project in addition to the regulations in this chapter. Applicants should consult the Department of Planning and Development for guidance on applicable regulations prior to submitting a planning permit application.

TABLE 23.202‐X ADDITIONAL REGULATIONS Additional Regulations Code Location

Zoning Ordinance Chapters

Overlay Zones Chapter 23.302

General Development Standards Chapter 23D.10

Accessory Dwelling Units Chapter 23.306

Parking and Loading Chapter 23.308

Nonconforming Uses and Structures Chapter 23.310

Demolition and Dwelling Unit Control Chapter 23.312

Inclusionary Housing Chapter 23.314





Additional Regulations Code Location

Wireless Communication Facilities Chapter 23.316

Parking and Loading Chapter 23.308

Other Municipal Code Titles

Signs Title 20

Subdivisions Title 21

B. Addition of Bedrooms.7

1. Permits Required.

a. In the R-1, R-1A, R-2, R-2A, and R-3 districts, the addition of bedrooms requires permits as follows:

i. The addition of a fifth bedroom to a parcel: Administrative Use Permit.

ii. The addition of any bedroom to a parcel beyond the fifth: Use Permit.

b. In the ES-R district, any alteration to create a new bedroom requires an Administrative Use Permit.

2. Basis for Decision. See Section 23.202.140 (Criteria for Permit Decisions).

3. Bedroom Defined. See Section 23.504.020.B.

4. Serial Addition of Bedrooms. The serial addition of bedrooms to a parcel over time is considered cumulative and subject to the requirements in this section.

► Potential Phase 2 Amendment: Revise addition of bedroom requirements to streamline and simplify permitting process while better achieving original intent of the requirement.

C. Residential Additions.8

1. Permits Required.

a. In all residential districts except for the ES-R district, residential additions require permits as follow:

i. Residential additions up to 15 percent of lot area or 600 square feet, whichever is less: Zoning Clearance

ii. Major residential additions more than 15 percent of lot area or 600 square feet, whichever is less: Administrative Use Permit.

7 Consolidates into one section bedroom addition provisions in 23D.16.050, Table 23D.24.030, 23D.28.050, 23D.32.050, 23D.36.060. 8 Consolidates into one section residential addition permit requirements in Sub-title 23D.





b. In the ES-R district, residential additions require permits as follow:

i. Residential additions up to 10 percent of lot area or 200 square feet, whichever is less: Zoning Clearance

ii. Major residential additions more than 10 percent of lot area or 200 square feet, whichever is less: Administrative Use Permit.

2. Basis for Administrative Use Permit Decision. See Section 23.202.140 (Criteria for Permit Decisions).

► Potential Phase 2 Amendment: Allow for more residential additions by right provided the project complies with new objective standards. Establish new criteria to approve discretionary permits for residential additions.

D. Setbacks9

1. Corner Lots.

2. Allowed Building Projections.

3. Accessory Structures. See Section 23.304.XX.

4. Subterranean Structures.

5. Solar Energy Equipment.

6. Setback Reductions. E. Building Separation.10

F. Lot Area and Dimensions.11

G. Main Building Height.12

H. Coverage Area.13

I. Usable Open Space.14

J. Refuse and Utility Meter Screening.15

K. Pedestrian Walkway for Multiple Dwellings.16

9 Source: 23D.16.070.D.3; 23D.04.030 10 Source: 23D.04.030.D. 11 Source: 23D.04.010. 12 Source: 23D.04.020. 13 Source: 23D.04.040. 14 Source: 23D.04.050 15 Source: 23D.04.060 16 Source: 23D.04.070





L. Exterior Lighting.17

23.202.140 – CRITERIA FOR PERMIT DECISIONS18 A. General. To approve an Administrative Use Permit or Use Permit required by this chapter, the

review authority must make the findings specified in Section 23.406.XXX (Use Permits)

B. Residential Additions. To deny an Administrative Use Permit required by this chapter for a residential addition, the review authority must find that although the proposed residential addition satisfies all other Zoning Ordinance requirements, the residential addition would unreasonably obstruct sunlight, air, or views.

► Potential Phase 2 Amendment: Establish new criteria (findings) stated in the positive to approve new construction and residential additions.

23.202.150 – SUMMARY OF RESIDENTIAL DEVELOPMENT STANDARDS19 This section summarizes development standards in the residential zoning districts. In case of conflict between this section and the standards outside of this section, the standards outside of this section govern.

TABLE 23.202‐X: SUMMARY OF RESIDENTIAL LOT AREA, COVERAGE AREA, AND OPEN SPACE STANDARDS R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-SMU

Minimum Lot Area (sq. ft.)

Per Lot 5,000 5,000

Per Dwelling Unit 5,000 -

Per Group Living Accommodation Room - 175

For Accessory Dwelling Unit 4,500 -

Maximum Coverage Area (by Building Story)

Interior and Through Lots

1st 40% 55%

2nd 40% 55%

3rd 40% 50%

4th - 45%

5th - 40%

6th - 40%

Corner Lots 1st 40% 60%

17 Source: 23D.04.080 18 Consolidates into one section findings currently in all residential district chapters in Title 23D. 19 New.





R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-SMU

2nd 40% 60%

3rd 40% 55%

4th - 50%

5th - 45%

6th 45%

Minimum Usable Open Space (sq. ft.)

Per Dwelling Unit 400 100

Per Group Living Accommodation Room - 35

TABLE 23.202‐X: SUMMARY OF RESIDENTIAL HEIGHT STANDARDS R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-SMU

Maximum Height – New Main Buildings

By-Right

Building Height 28 ft. 40 ft.

Stories 3 4

With AUP

Building Height 35 ft. -

Stories 3 -

With Use Permit

Building Height - 65 ft.

Stories - 6

Maximum Height – Residential Additions

By-Right 14 ft. 16 ft.

With AUP 28 ft. 35 ft.

TABLE 23‐202‐X: SUMMARY OF RESIDENTIAL SETBACK AND BUILDING SEPARATION STANDARDS R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-SMU

Minimum Setbacks (By Building Story for Property Line)

Front

1st 20 ft. 10 ft.

2nd 20 ft. 10 ft.

3rd 20 ft. 10 ft.

4th - 10 ft.

5th - 10 ft.

6th - 10 ft.

Rear 1st 20 ft. 15 ft.





R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-SMU

2nd 20 ft. 15 ft.

3rd 20 ft. 15 ft.

4th - 17 ft.

5th - 19 ft.

6th - 21 ft.

Interior Side

1st 4 ft. 4 ft.

2nd 4 ft. 4 ft.

3rd 4 ft. 6 ft.

4th - 8 ft.

5th - 10 ft.

6th - 12 ft.

Street Side

1st 4 ft. 6 ft.

2nd 4 ft. 8 ft.

3rd 4 ft. 10 ft.

4th - 10 ft.

5th - 10 ft.

6th - 10 ft.

Minimum Building Separation (By Building Story)

1st - 8 ft.

2nd - 12 ft.

3rd - 16 ft.

4th - 20 ft.

5th - -

6th - -



DOCUMENT #7 SUBCOMMITTEE CONTENT QUESTIONS


Page 1 of 4

1. Are Unlisted Land Uses in Residential Districts Permitted? (23D.XX.030)

Issue: The Zoning Ordinance is silent on how to regulate land uses not included in the permitted use tables in residential districts. Other districts including commercial and manufacturing allow for an interpretation of “like” uses. Allowing for some discretion in interpreting uses in the residential districts would treat those districts in similar fashion to others in the City.

Related Code:

Language in commercial (23D.XX.030.B) and manufacturing (23E.XX.030C) districts states: “any use not listed that is compatible with the purposes of the District shall be permitted subject to securing an Administrative Use Permit. Any use that is not compatible with the purposes of the District shall be prohibited.” The Zoning Officer has the authority to interpret the Zoning Ordinance (23B.12.020.A.4).

Subcommittee Questions: • Should unlisted land uses be prohibited in residential districts, as is current practice? • Should unlisted land uses be allowed in residential districts with an AUP, through the process used

in Commercial and Manufacturing districts? • Are there missing land uses that should be added to residential districts (example – urban

gardens?)? This would be a Phase II change.

NOTES:



Page 2 of 4

2. What is meant by “new construction” – listed under Community Care Centers and Senior

Congregate Housing in the permitted use table of the residential districts? (23C.XX.030)

Issue: In all residential districts “new construction” (related to community care facilities/homes and senior congregate housing in the Permitted Use tables) requires a Use Permit (Public Hearing). Existing structures can be converted into a care facility with a Zoning Certificate. The Zoning Ordinance does not define “new construction.” New Construction could be defined to include additions to existing structures, or limited to entirely new structures (Main Building) on a parcel. Related Definitions:

(23F.04) Addition: The creation of any new portion of a building which results in a vertical or horizontal extension of the building, or results in any new gross floor area that was not present in the building prior to construction of the addition. The creation of a mezzanine or loft, or a conversion of a previously unused attic or underfloor space to usable floor area, shall be considered an addition for the purposes of this chapter. (23F.04) Construction: The placing of construction materials and their fastening in a permanent manner to the ground or a structure or building for the purpose of creating or altering a structure or building, or excavation of a basement. (23F.04) Main Building: A building which is designed for, or in which is conducted, the principal use of the lot on which it is situated. In any R District any dwelling, except an accessory dwelling unit as defined in this sub-title, shall be deemed to be a main building on the lot.

Related Code: Commercial Districts require permits based on size of construction project. For example:

Telegraph Avenue Commercial District Provisions (23E.56.050) Construction of New Floor Area, Conversions of Existing Buildings -- Requirements for Use Permits A. No gross floor area shall be created unless a Use Permit is obtained, as set forth below. 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.

1. If the new floor area being created is less than 1,500 square feet of gross floor area, an Administrative Use Permit may be issued by the Zoning Officer; 2. If the new floor area being created is 1,500 or more of square feet of gross floor area, then a Use Permit shall be obtained.

B. No conversion of space shall be allowed except as set forth below:



Page 3 of 4

1. An Administrative Use Permit is required to convert space within an existing building if the space to be converted or the resulting space contains 5,000 square feet or more of gross floor area. 2. Conversions of space that result in a greater number of individual tenant spaces shall be allowed with the issuance of a Zoning Certificate. An Administrative Use Permit is required to create any tenant space less than 1,000 square feet.

Subcommittee Question: How might “new construction” be defined? Is the intent new Main Building? Include permitting level for Additions of a certain size or percentage added to the existing main building?

NOTES:



Page 4 of 4

3. Parking Lots as Permitted Uses in Residential Districts

Issue: Residential districts allow “parking lots” with a Use Permit. Related Definitions:

(23F.04) Parking Lot or Structure: The exclusive or primary use of a lot for off-street parking spaces, in either an open paved area or within a structure built specifically for parking purposes. (23F.04) Incidental Use: A use of a lot and/or building that is secondary to the principal permitted use, but that by nature could be independent. An incidental use shall not exceed twenty-five percent (25%) of the floor area of the primary use, and if it consists of the commercial sales of a different line of products or services than the primary use, such incidental use may not generate gross receipts in excess of thirty-three percent (33%) of the gross receipts generated by the primary use.

Subcommittee Questions: Are parking lots allowed in residential districts for incidental uses?

00_2018-1-25_SubcommitteeMaterialsMemo01a_01-31-18_PC_Subcommittee_ZORP (PC)Date: Wednesday, January 31, 2018

01b_01-31-18_PC_Subcommittee_ZORP (ZAB)Date: Wednesday, January 31, 2018

02_Annotated Outline_11_1703_Existing ZO Disposition04_23.102_Introductory Provisions05_23D.16 Existing R-1 with notes06_23.202 Residential Districts

date: january 25, 2018 to: members of the zorp ad hoc ......23c.06: bed and breakfast establishments...

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