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ZONING & PLANNING 101 Saturday December 5, 2015 10:00 am 1:00 pm Harriet Tubman Terrace (2870 Adeline St.)

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Page 1: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

ZONING &

PLANNING 101

Saturday

December 5, 2015

10:00 am – 1:00 pm

Harriet Tubman Terrace

(2870 Adeline St.)

Page 2: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Today’s Agenda

Welcome and Context

Zoning and Planning 101o What is zoning?

o Why can cities zone?

o What are the overall objectives of zoning?

o Background/history of zoning and planning

o Relationship of Zoning, City Plans and other Codes

o What does zoning regulate?

o Zoning and the Planning Process in Berkeley

How zoning is relevant to the Adeline

Planning Process?

Q&A and Group Discussion

Next Steps/Adjourn

Page 3: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Planning Area

Page 4: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

o Desired (land) uses, including open space, building

types and sizes

o Community character (e.g. arts and culture, historic

resources, etc.)

o Affordable housing and anti-displacement strategies

o Business activity and jobs

o Multi-modalism (cars, pedestrians, bikes, transit)

o Parking

o Streetscape (e.g. sidewalks, street lighting, trees)

o Implementation and financing

(MTC: Metropolitan Transportation Commission, ABAG: Association of Bay Area Governments)

MTC/ABAG Priority Development Area (PDA)

Planning Grant requirements include:

Priority Development Area

Page 5: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Community Engagement To-Date

Community Survey

Adeline Community IDEA Center

Adeline Community Outreach Team

(ACOT)

Pop-Up Events

Walk & Bike Tours

Stakeholder Interviews

Community Focus Groups

Community Visioning Workshop #1

Other Community Events

(Juneteenth Festival, South

Berkeley Farmers Market, Ashby

Flea Market, etc.)

April – August 2015

Page 6: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Adeline Corridor Planning Process

PHASE 1:

Existing

Conditions

and Visioning

Workshop#1

PHASE 2:

Develop and

Analyze Options

Workshop #2

PHASE 3: Draft and

Final Plan and CEQA

Workshop #3

Public Hearings

PHASE 4:

Approval

Process

Public

Hearings

Spring -

Summer 2015

Fall/Winter

2015-2016Spring 2016 –

Winter 2016/2017

Summer/Fall

2017

*Other community engagement activities e.g. surveys, focus groups planned

throughout

Page 7: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Community Learning Session Goals

To provide an opportunity for community

members to have a foundational knowledge

about key topics that they can build on for the

next Community Workshop about analyzing

options that can achieve community goals

PHASE 2:

Develop and

Analyze Options

Workshop #2

“101 Series”

Affordable housing

Zoning and Planning

Mobility and Parking

Page 8: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

What is zoning?

An Overview

Page 9: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

What is zoning?

A land use regulation tool of local

government

Laws about what can be built and what

can happen on a property

Page 10: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning Authority: Why can cities zone?

• The majority of planning occurs at the

local (city or county) level in California.

• City or county authority to regulate land

use is derived from the State (relating to

public health, safety and welfare).

• Local governments create their own

codes/ordinances that govern various land

use, planning, and zoning regulations.

Page 11: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning Authority

Legal limits to zoning – not black and

white

Laws must be “reasonable” and not

“arbitrary”

“Reasonable and substantial” relation to

public health, safety and general welfare

If the means employed are “reasonably

necessary” to achieve its purpose

Page 12: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Overall Objectives

Protect public health, safety and welfare

Promote compatibility between various

land uses and guide the development of

an attractive and well-planned community,

as defined by community vision and

values

A land use regulation or action must not

be unduly restrictive such that it causes a

“taking” of property without just

compensation. (US and CA Constitutions)

Page 13: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Background

Progressive Movement 1880’s: Reaction to

unhealthy living conditions in urban areas during

the Industrial Revolution

City Beautiful Movement - 1893

New York Zoning Code – 1916: o The first zoning codes in the US were a reaction to

fire danger and the needs for “light and air” in

residential areas

o Established basic land uses, building setbacks, and

lot coverage

The Briefest History of Modern Planning and Zoning:

Page 14: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Background

US Supreme Court decides that cities may

use zoning to protect the public health,

safety and welfare

o Euclid v. Ambler Realty (1928) – Upheld the

validity of cities to protect public health,

safety and welfare by adopting zoning

regulations and determined that it did not

unduly impact private property rights

Page 15: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Background

Modern land use planning/zoning is a

balancing act…

Zoning regulations change over time to

reflect changes in community values and

how we live

Individual Property

Rights

Providing for

beneficial and

ethical development

of the community as

a whole

Page 16: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning, City Plans and other Codes

Increasing

level of

detail

“Constitution” of the City

Required by State Law

Long-term vision, not parcel

specific

Long-term and short-term, can

vary in specificity

E.g. Downtown, West Berkeley,

Southside Area Plans

A primary tool to implement

General Plan

Regulates immediate uses

Parcel specific regulations

Page 17: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

What does zoning regulate?

Why does it matter?

Page 18: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning Determines…

…what you can build on your property…whether it’s

a one-room addition or a brand new building…

Page 19: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning Determines…

…the allowable height of buildings

Page 20: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning Determines…

…parking requirements

Page 21: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning Determines…

…the types of businesses that may operate in your

neighborhood

Page 22: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning Determines…

…dimensions of your yard (front, side and rear)

Page 23: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning Determines…

…the density of new development

Page 24: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning Determines…

…many other aspects of how a property may (or

must) be used

Requirements for:

Signs

Home occupations

Loading areas

On-site open space requirements

Buffering

Performance standards

Non-conforming uses

Landscaping and screening

Lot width and frontage

In-law apartments

Page 25: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning does NOT address…

Code Enforcement

Building Code/ Life Safety

Page 26: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning and the Planning

Process in Berkeley

Page 27: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning Structure

Online at: www.cityofberkeley.info under “Quick

Links” menu at the left

(Berkeley Municipal Code Title 23)

Zoning Ordinance (text) and Zoning Map

Page 28: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning Structure

Zoning Map – Close up of zoning for Adeline

Corridor planning area

NORTH

Oakland

Page 29: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning Structure

Allowed Uses

Development Standards

Review and approval process for different

types of land uses and development projects

Structure can be rigid based on

predetermined standards or flexible based

case by case review

Page 30: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning Structure

Excerpt of Use Table and for the “C-SA Zone”

(SOUTH AREA COMMERCIAL DISTRICT)

Permitted

Uses “by

right” (ZC – Zoning

Certificate)

Conditionally

permitted

uses (AUP or UP -

Administrative

Use permit/Use

Permit)

Prohibited

uses

Page 31: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Structure

Federal and State laws that override local zoning

Examples:

Cell Towers (federal)

Affordable Housing

o Accessory Dwelling Units (State)

o State Density Bonus

C3 Stormwater Requirements

Page 32: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Zoning: What’s unique about Berkeley

Berkeley’s Zoning Code is extremely flexible with

vague criteria for making decisions which results in:

Extensive submittal requirements

Many levels of review and comment

Long time periods for project approvals

Decisions made on a case-by-case basis

Significant uncertainty for property owners and

neighbors

Typical timeframe for project approvals*:

• Administrative Use Permit: 4 - 8 months

• Use Permit: 6 – 15 months*depending on complexity of project and completeness

of applicant submittals, among other factors

Page 33: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Who is involved in the planning and

zoning process?

Project Applicant

Community Members

Planning Department and Other City Staff

(e.g. Transportation, Engineering, Fire, etc.)

City Boards and Commissions

City Council

Page 34: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

How are community members involved?

Often, you know about a potential project before

City staff knows

A project applicant is required to have a

meeting with neighbors before the application

for a proposed project is submitted to the City

(no matter the scope/scale of the project)

When a use permit is required (AUP or UP)

there are varying requirements to notify

neighbors

Page 35: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

How can you find out about proposed

projects - generally

Required neighborhood meeting

Notification lists (via neighborhood group)

https://www.cityofberkeley.info/uploadedFiles/Onl

ine_Service_Center/Planning/Neighborhood_Or

ganization-

Request_to_Receive_Zoning_PHN.pdf

Checking City’s website (provide URL)

https://www.cityofberkeley.info/Planning_and_De

velopment/Land_Use_Division/Current_Zoning_

Applications.aspx

Page 36: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

How can you find out about proposed

projects - generally

Use Permit

Public Hearing notice

- 300 feet radius of proposed project for UP

Notice of Decision

- Request notice in writing

- 14 days to submit appeal

Administrative Use Permit

Applicant notifies abutting and confronting properties

For major residential additions in R-1H:

- 300 feet radius of proposed project

Notice of Decision

- Abutting and confronting properties

- 20 days to submit appeal

Page 37: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Boards, Commissions and Council

Zoning Adjustment Board (ZAB)

Design Review Committee (DRC)

Landmark Preservation Commission (LPC)

Planning Commission (PC)

City Council (CC)

Plans,

Policies,

Zoning

Changes

Project

Review

ZAB

DRC

LPC

CC

PC

Page 38: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

How is zoning relevant to

the Adeline planning

process?

Page 39: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Things to consider…

Zoning is one of a range of tools to implement a plan

Plan

Community Vision

and Goals,

Policies,

Actions and

Recommendations

Zoning

Types of uses

allowed

Density (housing)

Height

Open Space

Incentives for

Public Benefits

Project Review

and approval

process…

Page 40: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Things to consider…

Zoning

Types of uses

allowed

Density (housing)

Height

Open Space

Incentives for

Public Benefits

Project Review

and approval

process…

Changes to allowed

uses?

Changes to the project

review and approval

process?

Where should more

housing go? How

tall/big?

What are the highest

priority community

amenities? ...

Page 41: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Q&A

Group Discussion

Page 42: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Upcoming Community Learning Sessions in

January/February 2016:

Check the project website:

www.cityofberkeley.info/adelinecorridor

Sign up to our email distribution list to

receive regular announcements

Look out for flyers at the South Berkeley

Senior Center, the Tarea Hall Pittman

Library and businesses throughout the

Corridor

Next Steps

Page 43: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Please turn in your comment forms to us

before you leave

Other announcements?

Announcements

Page 44: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

Alisa Shen, Principal Planner

City of Berkeley

Email: [email protected]

Contact

Page 45: ZONING & PLANNING 101 - Berkeley, California · •The majority of planning occurs at the local (city or county) level in California. •City or county authority to regulate land

ZONING &

PLANNING 101

Saturday

December 5, 2015

10:00 am – 1:00 pm

Harriet Tubman Terrace

(2870 Adeline St.)