zoning & planning 101 - berkeley, california · •the majority of planning occurs at the local...
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ZONING &
PLANNING 101
Saturday
December 5, 2015
10:00 am – 1:00 pm
Harriet Tubman Terrace
(2870 Adeline St.)
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
Planning Area
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
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
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
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
What is zoning?
An Overview
What is zoning?
A land use regulation tool of local
government
Laws about what can be built and what
can happen on a property
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.
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
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)
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:
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
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
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
What does zoning regulate?
Why does it matter?
Zoning Determines…
…what you can build on your property…whether it’s
a one-room addition or a brand new building…
Zoning Determines…
…the allowable height of buildings
Zoning Determines…
…parking requirements
Zoning Determines…
…the types of businesses that may operate in your
neighborhood
Zoning Determines…
…dimensions of your yard (front, side and rear)
Zoning Determines…
…the density of new development
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
Zoning does NOT address…
Code Enforcement
Building Code/ Life Safety
Zoning and the Planning
Process in Berkeley
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
Zoning Structure
Zoning Map – Close up of zoning for Adeline
Corridor planning area
NORTH
Oakland
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
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
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
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
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
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
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
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
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
How is zoning relevant to
the Adeline planning
process?
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…
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? ...
Q&A
Group Discussion
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
Please turn in your comment forms to us
before you leave
Other announcements?
Announcements
ZONING &
PLANNING 101
Saturday
December 5, 2015
10:00 am – 1:00 pm
Harriet Tubman Terrace
(2870 Adeline St.)