Item 10 September 21, 2011

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1 Item 10 September 21, 2011 Planning and Development Department Land Use Planning Division DATE: September 15, 2011 MEMORANDUM TO: FROM: SUBJECT: Members of the Planning Commission Wendy Cosin, Interim Planning Director 2011 Downtown Area Plan - Implementation Introduction At the 9/7/11 meeting, the Commission discussed the DAP, Measure R, several zoning and map issues, and were introduced to the draft Design Guidelines. Some direction was provided as is partially listed below in the Background section of this report. As was noted at the September 7 th meeting, staff is providing the draft C-DMU zoning regulations for discussion on September 21 st. This is the last meeting that Principal Planner Matt Taecker will attend, and we think it is important for him to be part of the presentation of this major part of the Downtown Project. Staff acknowledge that there will be additional discussion of the DAP and other components needed for implementation; however, our goal is to provide all of the parts of the Project up front to frame subsequent discussion. Staff requests that the primary discussion for the 9/21/11 meeting be on the proposed changes to the zoning ordinance. Staff will provide a power point presentation for the meeting with details of the ordinance and key issues that the Commission may want to consider. The Green Pathway zoning regulations, which are proposed as a separate chapter, will be distributed at the meeting. Recommendation Consider the attached draft Commercial Downtown Mixed Use District (C-DMU) zoning regulations, provide feedback, and set a public hearing for consideration of the revised Downtown Area Plan (DAP), the proposed zoning regulations to implement the DAP, amendments to the zoning map, and related General Plan amendments. Staff recommends setting a public hearing for November 2, Background At the September 7 th Planning Commission meeting, staff provided an overview of the key Downtown Project components as briefly summarized below Milvia Street, Berkeley, CA Tel: TDD: Fax: planning@ci.berkeley.ca.us

2 Downtown Area Plan Implementation Item 10 September 21, 2011 Adoption of a Downtown Area Plan (text and maps) consistent with Measure R o A tracked-changes version of the DAP (titled DRAFT... with REVISIONS for consideration September 7, 2011 ) and land use maps were distributed. o Direction was provided regarding options for land use designations and zoning for the following parcels. The Commission requested that the following options should be included in the public hearing notice. 1. Golden Bear Parking Lot show designation of eastern half as C- DMU/Buffer 2. Dwight/east of Shattuck -- consider all of the following: R-S (Southside Plan), C-SA, or C-DMU/Buffer Durant show designation as C-DMU Buffer 4. MLK/Berkeley Way show designation of existing C-1 parcels as C-DMU/Buffer 5. Parcels just south of Berkeley Way -- from the C-1 parcels on the west to Golden Bear east side, consider further as R-2A or C- DMU/Buffer. o Direction was provided to consider allowing the 75-foot overlay throughout the Core, Outer Core, and Corridor - not just along Shattuck and University as described in Measure R. Zoning map amendments C-2 to C-DMU and other rezoning Zoning ordinance amendments C-DMU District standards, Green Pathway regulations, and other amendments as needed General Plan amendments to reference the DAP Revised Design Guidelines a staff report and Design Guidelines, dated 9/7/11, were distributed. o Direction was given to consider additional sign regulations regarding advertising and tenant identification. o Direction was given to further acknowledge modern buildings. SOSIP and related fees: to be discussed in detail at an October 11, 2011 City Council workshop. This is not an all-inclusive list of issues discussed at the meeting. Staff will review notes to inform future discussions. Conclusion and Next Steps Due to noticing requirements, staff requests that a public hearing be set for November 2, 2011 at the earliest. We suggest that the Commission continue to discuss the project at meetings prior to the public hearing. Attachments: 1. Proposed Chapter 23E.68 C-DMU, Downtown Mixed Use District provisions, related definitions, and Draft Administrative Regulations for Green Buildings in C- DMU Page 2 of 2

3 Attachment 1 - September 21, 2011 C-DMU Downtown Mixed Use District September 15, Chapter 23E.68 C-DMU Downtown Mixed Use District Provision 23E Applicability of Regulations. The regulations in this chapter apply in the Downtown Mixed Use District. In addition, the general provisions in Sub-title 23C shall apply. 23E Purposes Implement the vision and goals of the Downtown Area Plan (adopted 20##), which include: Environmental Sustainability, Land Use, Access, Historic Preservation and Urban Design, Streets and Open Space, Housing and Community Health and Services, and Economic Development. 23E Uses Permitted A. For the Downtown Mixed Use District (C-DMU), the following table identifies permitted, permissible, and prohibited uses and sets forth the Permit required for each allowed use. Each use or structure shall be subject to either a Zoning Certificate (), an Administrative Use Permit (), a Use Permit approved after a Public Hearing (UP/PH)), or is prohibited. Uses within the Downtown Arts District Overlay area (ADO) are also subject to Section 23E Table 23E Use and Required Permits Use Classification Special Requirements Retail Sales All Retail Sales Uses, except those listed below Alcoholic Beverage Retail Sales, including liquor stores and wine Shops Department Stores Under 7,500 s.f. Firearm/Munitions Businesses Pawn Shops, including Auction Houses As defined in Sub-title 23F, except otherwise listed (does not include Video Rental Stores) Prohibited Includes sale for off-site consumption at restaurants 1

4 Table 23E Use and Required Permits Use Classification Special Requirements Pet Stores, including Sales and Grooming of Animals (but not Boarding) Smoke Shops Prohibited if within 1,400 feet of a school or public park Personal and Household Services All Personal and Household Services, except those listed below Laundromats As defined in Sub-title 23F, except those otherwise listed (does not include Massage) Veterinary Clinics Including Pet Hospitals Offices Financial Services, Retail (Banks) Under 7,500 s.f. Within the A.D.O. Insurance Agents, Title Companies, Real Estate Agents, Travel Agents Within the A.D.O. Medical Practitioners Within the A.D.O. Other Professionals and Government, Institutions, Utilities Within the A.D.O. Within the Arts District Overlay, see Section 23E Subject to additional requirements; See Section 23E E Within the Arts District Overlay, see Section 23E Including Holistic Health and Mental Health Practitioners Within the Arts District Overlay, see Section 23E Subject to additional requirements; See Section 23E E Within the Arts District Overlay, see Section 23E

5 Table 23E Use and Required Permits Use Classification Special Requirements Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses Adult-Oriented Businesses Subject to additional requirements; see Section 23E Prohibited on Public Serving Frontages Alcoholic Beverage Service of beer and wine incidental to food service at quick and full service restaurants Alcoholic Beverage Service, including Bars, Cocktail Lounges, and Taverns For on-site consumption only. Includes service of distilled spirits incidental to food service. Amusement Device Arcades Subject to additional requirements; see Section 23E Commercial Recreation Center Dance, Exercise, Martial Arts and Music Studios Entertainment Establishments Food Service Establishments: Carry Out Food Service Stores Under 2,000 s.f. Within the A.D.O. Quick Service Restaurants Under 2,000 s.f. Full Service Restaurants Under 2,000 s.f. Subject to additional requirements; see Section 23E E Including Nightclubs Within the Arts District Overlay, see Section 23E See Alcoholic Beverage Service above. See Alcoholic Beverage Service above. 3

6 Table 23E Use and Required Permits Use Classification Special Requirements Group Class Instruction for Business, Vocational or Other Purposes Gyms and Health Clubs Under 7,500 s.f. Subject to additional requirements; see Section 23E E Subject to additional requirements; see Section 23E E Hotels, Tourist, including Inns, Bed and Breakfasts and Hostels Subject to parking requirements; see Section 23E Motels, Tourist Subject to parking requirements; see Section 23E Theaters, including Motion Pictures and Stage Performance Automobile and Other Vehicle Oriented Uses Automobile Parts Stores Prohibited Automobile Repair and Service Automobile Sales and Rentals, and motorcycle stores Automobile Washes, Mechanical or Self-Service Automobile Wrecking Establishments Gasoline/Automobile Fuel Stations Recreational Vehicle and Trailers Sales and Rental Prohibited UP (PH) Prohibited Prohibited Prohibited Prohibited Including Boats 4

7 Table 23E Use and Required Permits Use Classification Special Requirements Tire Sales/Service Stores Prohibited Parking, Outdoor and Exterior Service Window Uses Activities or Storage Outside of a building: When not abutting R- District When abutting R-District Drive-in uses Surface Parking Lots: Eight (8) or fewer Offstreet Parking Spaces Prohibited More than eight (8) Offstreet Parking Spaces Parking Structures Recycling Redemption Centers Prohibited Outdoor Café Seating Quick and Full-Service Restaurants only. When seating not abutting R-District When seating abutting R-District Combination Commercial/Residential Uses Live/Work Units Not requiring a UP under Chapter 23E.20 Requiring a UP under Chapter 23E.20 Subject to Section 23E Mixed Use Developments Subject to additional 5

8 Table 23E Use and Required Permits Use Classification Special Requirements (e.g.residential/commercial; Hotel/Commercial; Office/Commercial) Uses Incidental to a Permitted Use Amusement Devices (up to three) Food or Beverage for Immediate Consumption Live Entertainment Unamplified Amplified Manufacturing Uses Storage of Goods (over 25% of gross floor area) Wholesale Activities Uses Permitted in Residential Districts Accessory Buildings and Structures As per R-5 District requirements; see Section 23E F Subject to Section 23E See Table 23D Child Care Centers Clubs, Lodges Community Centers Dwelling Units, including multifamily developments Group Living Accommodations Subject to additional requirements; see Section 23E F Subject to Section 23E Subject to additional requirements; see Section 23E F Subject to Section 23E

9 Table 23E Use and Required Permits Use Classification Special Requirements Hospitals Residential Hotels, including Single Room Occupancy (SRO) Hotels Libraries Subject to additional requirements; see Section 23E F Nursing Homes Subject to parking requirements; see Section 23D Parks and Playgrounds Public Safety and Emergency Services Religious Assembly Uses Schools, Public or Private Senior Congregate Housing: Six or fewer persons Seven or more persons New Construction Miscellaneous Uses Automatic Teller Machines When not a part of a Retail Financial Service Exterior Interior Cafeteria, Employee or Residential Cemeteries, Crematories, Mausoleums Prohibited Change of use of an existing dwelling unit Subject to Section 23E Columbaria Allowed with a if incidental to a Community and Institutional Use, limited to 400 niches, no more than 5% of the subject property 7

10 Table 23E Use and Required Permits Use Classification Special Requirements area, and located within the main building. Circus or Carnival Dry Cleaning and Laundry Plants Kennels or Pet Boarding Laboratories, Testing Mortuaries Public Utility Substations, Tanks Radio, Television or Audio/Sound Recording Studios Broadcast Studios Warehouses or Storage including Mini-storage Warehouses Wireless Telecommunications Facilities Microcell Facilities, Modifications to Existing Sites, and Additions to Existing Sites When the Site Is Not Adjacent to a Residential District All Other Telecommunication Facilities Legend: -- Zoning Certificate -- Administrative Use Permit Prohibited Subject to the requirements and findings of Section 23C Subject to the requirements and findings of Section 23C

11 Table 23E Use and Required Permits Use Classification Special Requirements -- Use Permit, public hearing required B. Any use not listed that is compatible with the purposes of the C-DMU District shall be permitted subject to securing an Administrative Use Permit. Any use that is not listed that is not compatible with the purposes of the C-DMU District shall be prohibited. 23E Downtown Arts District Overlay A. The City Council finds and declares that: 1. The purpose of the Downtown Arts District Overlay is to create a core of cultural activities and supportive retail and commercial uses which would generate more pedestrian vitality in the downtown, promote Berkeley s regional leadership in the arts, and encourage broader economic revitalization of the area. 2. To this end, the use and appearance of ground floor spaces in the Downtown Arts District are important to the success of the City s plans for the area, since these spaces define the ambiance and character of the area for pedestrians. The types of uses which would enhance the Arts District include ground floor retail uses which would contribute to the cultural vitality of the area, full- and quick-service restaurants, and uses which provide pedestrian scale and siting. Desirable new development would include projects which fully utilize the development potential of the property and incorporate continuity in street facades. Uses such as food uses with seating, art galleries, bookstores and other culturally compatible and pedestrian-oriented uses will contribute to the area s economic vitality. B. Downtown Arts District Overlay" shall be abbreviated as "ADO." Said overlay district shall consist of: 1. All buildings with street frontage on Addison Street between Shattuck Avenue and Milvia Street; and 2. All buildings with street frontage on the two blocks along the southbound west wing of Shattuck Avenue between University Avenue and Center Street, and all addresses on the east side of Milvia Street between University Avenue and Center Street. 9

12 These proposed boundaries are as set forth in the map on file with the City Clerk and incorporated by reference herein. C. No new carry out food service restaurant or office use located on the ground floor adjacent to a street frontage may be established within the Downtown Arts District Overlay, either as a new use or as a change of use, unless an Administrative Use Permit is approved by the Zoning Officer subject to the findings in Section 23E C. 23E Construction of New Floor Area: Use Permits Gross floor area of 10,000 square feet or more shall not be created unless a Use Permit is obtained subject to the findings in Section 23E D. Creation of new floor area includes construction of new buildings or additions to existing buildings. 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 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, 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 District. E. When located on the ground floor adjacent to a street frontage, storefront windows are required to include a window display or to be transparent and provide pedestrian viewing a minimum of 10 feet into the storefront area. D. In new construction on public serving frontages, dwelling units and living quarters in Group Living Accommodations are prohibited on the street-facing side of the streetlevel floor. 23E Performance Standards Projects that may create potentially significant environmental impacts as described in the Downtown Area Plan Final EIR shall be subject to the adopted Mitigation Monitoring Program. 23E Development Standards 10

13 A. The height and floor area ratio (FAR) for main buildings shall not exceed the limits set forth in the following table, except as allowed in Section 23E B, and shall satisfy the following requirements: Table 23E Height and FAR Limits (as per Downtown Area Plan) * C-DMU Sub- Area ** Core Area Outer Core Corridor Minimum *** Maximum Maximum With Use Permit 50 feet 40 feet 40 feet 60 feet & 4.0 FAR 75 feet & 4.8 FAR only along Shattuck (btw. Hearst & Haste) and along University (btw. Oxford & Milvia). Buffer None 50 feet & 3.0 FAR 60 feet & 4.0 FAR * Notwithstanding Sub-title 23F, in the case of a roof with parapet walls, building height shall be measure to the top of the roof and parapets may exceed the height limits above by up to five (5) feet as of right. ** See Downtown Area Plan Sub-area map, Figure LU-1 and the Zoning Map. *** New buildings only, measured to the top of the plate. Theater and Museum Buildings are exempt. Up to three Buildings of Exceptional Height over 120 feet but not more than 180 feet, see section 23E B. Also see Within the Core and Outer Core, up to two Buildings of Exceptional Height over 75 but not more than 120 feet, see section 23E B B. The Board may issue Use Permits for up to five Buildings of Exceptional Height that exceed the limits set forth in the table above if it makes the finding in Section 23E E, and as follows: 1. In the combined Core and Outer Core areas, up to two buildings of over 75 feet but not more than 120 feet and a maximum FAR of 7.3; 2. In the Core area, up to three buildings over 120 feet but not more than 180 feet and a maximum FAR of 9.5. Allowed uses in such Buildings of Exceptional Height include: a. Two residential buildings with ground-level commercial uses. b. One hotel building with conference facilities and accessory commercial uses. 3. Application process for Buildings of Exceptional Height 11

14 a. Applications for any of the five Buildings of Exceptional Height (BOEH) can be submitted on July 1, If no applications that satisfy the submittal requirements as determined by the Zoning Officer are submitted on that date, then the next deadline to submit applications will be no later than six months from the noted first date, with application opportunity dates at six month intervals until the first application for a BOEH has been submitted. Once the first application for BOEH has been submitted, then the application opportunity date will occur once yearly on the anniversary of the date of the first BOEH submittal. b. An application shall secure a position as one of the five approved Buildings of Exceptional Height following final zoning approval (use permit). Each Use Permit for a BOEH shall include a condition of approval that establishes a schedule for: submittal of a building permit application, timely response to plan check comments, payment of building permit fees such that a building permit can be issued, and commencement of construction. The process for allowing extension of the timeline requirements, if any, shall be specified in the condition. c. If the schedule established by the Use Permit is not strictly complied with, the City may revoke the Use Permit pursuant to Chapter 23B.60. C. No yards for main buildings, accessory buildings, or accessory structures shall be required, except that buildings shall be set back from property lines as set forth in the table and provisions below, unless modified by a Use Permit. Portion of Building at Height of: Zero to 20 feet 20 feet to 75 feet 75 feet to 120 feet Over 120 feet Front Lot Line Interior Side Lot Line Rear Lot Line 0 minimum, 5 maximum; 65 and less from lot frontage Over 65 from lot frontage 0 minimum 0 minimum 0 minimum 0 minimum 0 minimum 5 minimum 5 minimum 15 minimum 5 minimum 15 minimum 15 min. 15 minimum 15 minimum 15 minimum 15 min. 1. For Buildings of Exceptional Height over 120 feet in height, the following additional requirements apply, unless modified by a Use Permit subject to the findings in section 23E F. 12

15 a. That portion of the building over 120 feet must be less than 120 feet in width when measured in the horizontal plane. b. Any portion of a new building that exceeds 120 feet in height shall be separated from portions any other building for which there are complete applications or zoning approvals that exceeds 120 feet in height by at least 120 feet for confronting lots and 70 feet for abutting lots. 2. For new buildings on Public Serving Frontages, at least 80% of the ground level façade shall be within five (5) feet of the front lot line, unless modified by a Use Permit subject to the findings in section 23E G. 3. For a lot that abuts the interior side or rear lot line of a residentially zoned parcel, a building shall be set back from the shared property line by at least 10 feet, and the building shall not exceed 45 feet in height within 20 feet of the abutting residential lot line, and shall not exceed 60 feet within 40 feet of any residentially-zoned property. 4. For that portion of a lot confronting a residentially zoned parcel, a new building shall not exceed a height of 45 feet within 10 feet of the street-facing property line. This provision shall not apply to lots confronting public uses with a residential zoning designation, such as Berkeley High School, Civic Center Park and Fire Station The height for a building shall not exceed 55 feet within 40 feet of the Martin Luther King Jr. Way right-of-way, and shall not exceed 65 feet within 15 feet of Shattuck Avenue south of Durant Avenue. 6. Architectural features such as eaves, cornices, canopies, awnings, bay windows, uncovered porches, balconies, fire escapes, stairs and landings may project up to five feet into required setbacks so long as the surface area of such projections does not exceed 50% of the surface area of the side of the building on which the projections are located. D. Design standards for ground level facades in new buildings shall be as follows, unless modified by a Use Permit subject to the findings in section 23E H 1. At street level, no more than 50 feet or 40% of the length of a street-facing facade, whichever is less, may be a blank wall uninterrupted by doors or windows. 2. Garage entrances and service entrances may not exceed a width of 20 feet. Multiple entrances shall be separated by not less than 40 feet. 3. In addition, along Public Serving Frontages, the following are required: 13

16 a. At least one publicly-accessible street-level entrance shall be provided for every 40 feet along a street-facing property line. Any remainder exceeding 30 feet shall also have a publicly-accessible street-level entrance. No two entrances shall be separated by more than 50 feet. b. Clear glass shall comprise at least 60% of the street-facing façade where it is between 3 feet and 8 feet above elevation of adjacent sidewalk. c. The design of the ground floor space shall be visually open to pedestrians such that the design should enable the main activities of the proposed use to be carried out towards the front of the space. E. New buildings shall provide on-site useable open space as follows: 1. For residential uses, 100 square feet per unit. A minimum of 50% of the open space required for the residential use portion of the building shall be for use by building residents only and a minimum of 25% shall be open to the public. 2. For commercial uses, 25 square feet for every 1,000 square feet of net commercial floor area. All of the open space provided for the commercial use portion of a building shall be open to the public. 3. Notwithstanding section 23D F, at least 25% of the total area required as usable open space, exclusive of balconies above the first floor, shall be landscaped, and shall incorporate automatic irrigation and drainage facilities adequate to assure healthy growing conditions for plants. 4. In-lieu of providing the open space required by this subdivision on-site, and subject to securing a Use Permit if the Board makes the findings in Section 23E I, the applicant may contribute to implementation of the Streets and Open Space Improvement Plan (SOSIP) in the following ways: a. Payment of an in-lieu fee into the SOSIP fund, and/or b. In-kind construction of public improvements consistent with the SOSIP. 23E Fee to implement Streets and Open Space Impact Plan (SOSIP) Projects shall be subject to payment of an impact fee to implement the Streets and Open Space Improvement Plan (SOSIP), as may be adopted by the City. 23E Parking Number of Spaces A. All parking shall be provided in accordance with the requirements of this Section and Chapter 23E.28, except as set forth in this Section. 14

17 B. The District minimum standard vehicle parking space requirement for all floor area is one and a half spaces per each 1,000 square feet of gross floor area or as required for the uses listed in the following table. Use Single and Multi-Family Dwelling Units Hotels, Tourist (Including Inns, Bed and Breakfast and Hostels) Group Living Accommodations (Including Single Room Occupancy Residential Hotels) Number of Parking Spaces Required One per three dwelling units One per each three guest/sleeping rooms or suites One per eight sleeping rooms Additions up to 1,000 square feet of gross floor area, or up to twenty-five percent (25%) of existing gross floor area, whichever is less, are exempt from the parking requirements for new floor area. 2. Parking spaces shall be provided on-site, or off-site within 800 feet subject to securing an and in compliance with Section 23E No change of use within the existing floor area shall be required to meet the off-street parking requirements of this Chapter or Chapter 23E.28 unless the structure has been expanded to include new floor area. C. Bicycle parking spaces shall be provided for new construction at the ratio of one space per 2,000 square feet of gross floor area of commercial space, and in accordance with the requirements of Section 23E D. The vehicle parking space requirements of this Section may be reduced or waived through payment of an in-lieu fee. E. New construction that results in an on-site total of more than 25 publicly-available parking spaces shall install dynamic signage to Transportation Division specifications, including by not limited to real-time garage occupancy signs at the entries and exists to the parking facility with vehicle detection capabilities and enabled for future connection to the regional 511 Travel Information System, or equivalent as determined by the Zoning Officer in consultation with the Transportation Division Manager. F. Occupants of residential units or GLA units constructed or converted from a nonresidential use after shall not be eligible for Residential Parking Permit (RPP) permits under Chapter of the BMC. G. In all structures constructed or converted to a new use that require parking, required parking spaces shall be leased or sold separate from the rental or purchase of dwelling units for the life of the dwelling unit, unless the Board grants a Use Permit to waive this requirement for projects which include financing for affordable housing 15

18 subject to the finding in section 23E J. H. For new structures or additions over 10,000 square feet, the property owner shall provide at least one of the following transportation benefits at no cost to every employee, residential unit, and/or G.L.A. resident. A notice describing these transportation benefits shall be posted in a location or locations visible to employees and residents. 1. A pass for unlimited local bus transit service; or 2. A functionally equivalent transit benefit in an amount at least equal to the price of a non-discounted monthly local bus pass. Any benefit proposed as a functionally equivalent transportation benefit shall be approved by the Zoning Officer in consultation with the Transportation Division Manager. I. For residential structures constructed or converted from a non-residential use that require parking under Section 23E , required parking spaces shall be designated as vehicle sharing spaces in the amounts specified in the following table. If no parking spaces are provided pursuant to Sections 23E D and 23E C, no vehicle sharing spaces shall be required. Number of Parking Spaces Required By 23E Minimum Number of Vehicle Sharing Spaces or more 2, plus 1 for every additional 100 dwelling units over The required vehicle sharing spaces shall be offered to vehicle sharing service providers at no cost. 2. The vehicle sharing spaces required by this Section shall remain available to a vehicle sharing service provider as long as providers request the spaces. If no vehicle sharing service provider requests a space, the space may be used for other vehicles. When a vehicle sharing service provider requests such space, the property owner shall make the space available within 90 days. J. For residential structures constructed or converted from a non-residential use subject to Sections 23E G, 23E G H, and 23E I, the property owner, prior to issuance of a Certificate of Occupancy, the property owner shall submit to the Department of Transportation a completed Parking and Transportation Demand Management (PTDM) compliance report on a form acceptable to the City, which demonstrates that the project is in compliance with the applicable requirements of 23E G, 23E G H, and 23E I. Thereafter, the 16

19 property owner shall submit to the Department of Transportation an updated PTDM compliance report on an annual basis. 23E Green Building Provisions Construction of new buildings, additions of more than 20,000 square feet, and renovations of existing buildings of more than 20,000 square feet shall attain a LEED Gold rating as defined by the US Green Building Council (USGBC), or shall attain building performance equivalent to this rating, as determined by the Zoning Officer except that: A. Historic rehabilitations, adaptive reuse of existing structures, renovations of existing buildings of less than 20,000 square feet and additions to existing structures of less than 20,000 square feet shall only be required to meet all applicable standards of the Stopwaste Small Commercial Checklist, or equivalent as determined by the Zoning Officer. The rating shall be appropriate to the use type of the construction. B. The Zoning Officer may reduce or remove Green Building Provision requirements for historic preservation and/or adaptive reuse, if the requirements make the project financially infeasible. 23E Findings A. In order to approve any Use Permit under this chapter, the Zoning Officer or Board must make the finding required by Section 23B as well as the findings required by the following paragraphs of this Section to the extent applicable. B. A proposed use or structure must: 1. Be compatible with the purposes of the District; and 2. Be compatible with the surrounding uses and buildings. C. For each Administrative Use Permit obtained under Section 23E C to allow a new carry out food store, or ground floor office use within the Downtown Arts District Overlay, the Zoning Officer shall find that: 1. The project meets the purposes of the Arts Overlay District. 2. The location, size, type, appearance, and signage of the proposed use will: a. Animate and enhance the pedestrian experience on the street; b. Be generally open to the public evenings and on weekends whenever practicable. D. In order for any use permit to be granted under Section 23E for additional 17

20 floor area, the Board shall find that: 1. The addition or new building is compatible with the visual character and form of the District; and 2. No designated landmark structure, structure of merit, or historic district in the vicinity would be adversely affected by the appearance or design of the proposed addition. E. In order to approve a Use Permit for Buildings of Exceptional Height under Section 23E B, the Board must find that the project will provide significant community benefits, either directly or by providing funding to the satisfaction of the City, beyond what would otherwise be required by the City. These may include, but are not limited to: affordable housing, supportive social services, green features, open space, transportation demand management features, job training, and/or employment opportunities. F. In order to approve a Use Permit for modification of the set back requirements of 23E C.1, the Board must find that the modified setbacks will not unreasonably limit solar access or create significant increases in wind experienced on the public sidewalk. G. In order to approve a Use Permit for modification of the set back requirements of 23E C.2, the Board must find that the modified setbacks will not disrupt the pattern of building façade setbacks on the subject block and are necessary for the creation of publicly accessible plazas and walkways. H. In order to approve a Use Permit for modification of the design standards for ground level facades in Section 23E D, the Board must find that proposed building is compatible with the visual character of the downtown. I. In-lieu open space. 1. In order to approve a Use Permit under section 23E E for payment of an in-lieu fee, the Board shall find that the in-lieu payment will support timely development of open space improvements that will serve the needs of both project residents and other people living in and using the downtown. 2. In order to approve a Use Permit under section 23E E for construction of public improvements consistent with the SOSIP, the Board shall find that the public improvements: a. Are located within the vicinity of the project and are consistent with the Downtown Streets and Open Space Improvement Plan (SOSIP); and b. The improvements are coordinated with other on-going or approved SOSIP improvements in the vicinity, and will not create a hazardous 18

21 situation or an unusual appearance in the downtown; and c. The improvements shall be completed prior to issuance of a certificate of occupancy for the project, unless otherwise allowed by the Conditions of Approval. J. In order to approve a Use Permit to allow parking spaces to be leased or sold in combination with the proposed affordable housing units under Section 23E G, the Board shall find that applicant has demonstrated that the combined parking is necessary for the purpose of obtaining financing or meeting other obligations. Definitions: Public Serving Frontages: As identified in the figure below (Figure LU-3 of the Downtown Area Plan), lots with frontages on streets where it is desirable to have high levels of foot traffic and visual/physical connections between public and interior spaces. Adaptive Reuse: The modification of an existing structure so as to enable a change to a different category of use (e.g. manufacturing to residential). Historic rehabilitation: The rehabilitation or renovation of a structure designated as local, state or federal historical resource. Vehicle Sharing: A membership based service that: 1. offers membership to all qualified drivers in the City; 2. does not require a separate written agreement each time a member reserves and uses a vehicle; 3. offers members access to a dispersed network of shared vehicles, 24 hours per day, 7 days a week, at self-service locations where the vehicles are not attended; 4. provides vehicle usage without restriction at hourly and/or per mile rates that include fuels (gas), insurance and maintenance; and 5. is primarily designed for shorter time and shorter distance trips as an extension of the public transportation network, in order to enhance mobility options. Vehicle Sharing Pod: Any location reserved for shared vehicles that: 1. is located in an location approved for off-street parking; or 2. is located on-street in a site designated by the City for this use; and 3. does not involve more than 5 shared vehicles; and 4. where the shared vehicles must be parked in assigned spaces in conformance with all applicable laws and ordinances. Enhanced Transit Service: Enhanced transit service includes any facility that will result in the improved operational performance of bus and/or shuttle service, as well as 19

22 improvements that will encourage the use of transit and make transit service more compatible with downtown s activities and appearance. Improvements for enhanced transit services include but are not limited to: "complete streets" to enhance pedestrian and bicycle routes to transit; transit signal priority; queue jump lanes and left turn signal phasing; bus shelters and raised bus platforms; bus curb extensions and concrete bus pads; transit pre-pay fare vending machines; bus layover facilities; transit plazas and bus stop amenities; bicycle parking and bicycle rental facilities near transit; and street improvements that mitigate the impact of transit operations on pedestrians and bicyclists. Administrative Regulations: Administrative Regulations for Green Buildings & Landscaping in C-DMU District Commercial and Institutional Buildings. Commercial and institutional buildings without residential uses shall be required to attain certification as LEED Gold by the US Green Building Council ( or equivalent. Residential and Mixed Use with Residential. Residential buildings, and mixed-use buildings with residential uses on the third floor and above, shall conform to all of the requirements within one of the following options: 1. Certification as LEED Gold by the US Green Building Council; or 2. Verification by Zoning Officer of having met all of the following requirements: a. Residential buildings and portions of mixed-use buildings that are residential shall attain a Multifamily GreenPoint Rated score of at least 115 points by Build It Green ( and b. Portions of mixed-use residential building that are commercial and/or institutional shall conform to all applicable standards within the Small Commercial Checklist by Stopwaste ( Landscape Standards. All planted landscaped areas of shall comply with all applicable standards within the Bay-Friendly Basics Landscape Checklist by Stopwaste ( 20

23 Illustrations: Setbacks and heights Illustration below assumes a lot 150 feet wide and 130 feet deep (typical depth for most of Downtown). The lighter grey represents that amount of building mass that would be reduced by FAR maximums as compared with what would be permitted if only height and setback provisions applied. Of course the exact massing could be different so long as setback and FAR parameters are observed. The graph depicts the relationship between height and FAR requirements. 21

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