Honorable Mayor and Members of the City Council. Submitted by: Dan Marks, Director, Planning and Development

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1 Office of the City Manager WORKSESSION June 14, 2011 To: From: Honorable Mayor and Members of the City Council Phil Kamlarz, City Manager Submitted by: Dan Marks, Director, Planning and Development Subject: Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review RECOMMENDATION 1. Review and comment on the proposed (1) Southside Plan; (2) amendments to the General Plan text and map; (3) additions and revisions to the Zoning Ordinance (BMC 23), and map by creating two new Chapters, 23D.48 (R-S) and 23D.52 (R- SMU); rezoning sub area from R-4 to R-3 (23D.36); amending the existing requirements for the Telegraph Commercial District (C-T, 23E.56); making technical changes to BMC , 23A , 23A , cover page of Subtitle 23D, 23D.12, 23D.40, 23E.08, 23E.32, 23E.96 and 23F.04); (4) the Final Environmental Impact Report (FEIR); and (5) the Planning Commission thoughts on future work program topics. 2. Staff will return with appropriate CEQA findings and ordinances to certify the FEIR and adopt the Southside Plan and associated Zoning Ordinance and General Plan amendments. SUMMARY On April 6, 2011, the Planning Commission recommended the following actions to the City Council: Approve the Southside Plan, related General Plan amendments, General Plan Map amendments, and certification of the Final Environmental Impact Report (FEIR) (7-2-0) (Ayes: Clarke, Gurley, Novosel, Panzer (for Eisen),Pollack, Samuels, Stoloff. Noes: Dacey, Poschman) Approve the related Zoning Ordinance amendments and Zoning Map amendments (5-2-2) (Ayes: Novosel, Panzer, Pollack, Samuels, Stoloff. Noes: Dacey, Poschman. Abstain: Clarke, Gurley.) At that same public hearing, the Planning Commission also adopted the Southside Design Guidelines, which do not require Council adoption. In addition, the Planning Commission identified a list of future work items related to the Southside Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) manager@cityofberkeley.info Website:

2 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 2 of 18 The Southside Plan and General Plan amendments: The Southside is generally defined as the area immediately south of the UC campus, bounded by Prospect Street on the east, Fulton Street on the west, Bancroft Way on the north and Dwight Way on the south. It also incorporates the fifth block of Telegraph Avenue, between Dwight Way and Parker Street. The Plan develops policies and regulations for the development and preservation of the area. These changes were developed to help achieve the following goals: Land Use: Provide for a high-density residential and commercial mixed use edge to the University of California campus and the spine along Telegraph Avenue. Development would become progressively less dense and more residential in use the greater the distance from Bancroft and Telegraph, providing a transition to the lower density residential area to the east and south of the Southside area. Housing: Create additional housing at appropriate locations to help meet the housing demand for students and people employed nearby, thus taking advantage of proximity to the University and Downtown to reduce automobile dependence and to increase travel to work or school by non-automobile transportation. Encourage the provision of affordable housing. Transportation: Increase the quality, amenity, and use of all non-automotive modes (public transit, bicycles, and pedestrian), and reduce the number of trips made in single-occupant automobiles. Economic Development: Enhance the commercial district so that it better meets the needs of the wide variety of users who frequent the neighborhood. Improve access, marketing and safety. Community Character: Recognize, preserve, and enhance the unique physical character of the Southside. Public Safety: Improve public safety, address social needs, and act to minimize loss of life and property in the event of a natural disaster. Technical changes to the General Plan that implement the Southside Plan can be found in Attachment 1. Zoning Code Amendments and Map Changes: The Zoning Code text amendments (Attachment 2) implement the Southside Plan and fall into two categories: changes to districts within the Southside area and minor technical changes to general portions of the Berkeley Municipal and Zoning Ordinance. Changes to districts within the Southside area would involve:

3 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 3 of Creation of two new districts, R-S Residential Southside (Chapter 23D.48) and R-SMU Residential Southside Mixed Use (Chapter 23D.52) to replace portions of the current R-4 district in the Southside area; 2. Amendments to the R-3 district (Chapter 23D.36) which will downzone to R-3 portions of the R-4 district within the Southside area; and 3. Amendments to the C-T district (Chapter 23E.56), all of which is currently located in the Southside area. The draft zoning map on page 4 shows the proposed zoning for the Southside area. A matrix (page 5) compares the current Southside zoning districts and requirements to those proposed. Environmental Analysis: The Final Environmental Impact Report (FEIR) analyzes the Southside Plan, identifies mitigation measures to address possible impacts and responds to public comments on the analysis. Several impacts related to air quality and traffic were identified as having significant unavoidable impacts. Findings for these impacts will be developed for a future meeting. Additional Work Items: The Planning Commission and staff developed a list of potential work items to consider after the Southside Plan is adopted. These are included in Attachment 3. FISCAL IMPACTS OF RECOMMENDATION The Southside Plan and Zoning Ordinance amendments may prompt some development of sites. This could provide additional income to the City, but staff has not estimated this impact. No increase in City spending is expected as a result of the new Plan or zoning amendments.

4 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review DRAFT WORKSESSION JUNE 14, 2011 Page 4 of 18

5 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 5 of 18

6 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 6 of 18 CURRENT SITUATION AND ITS EFFECTS A. Synopsis of Proposed Documents and Amendments (as presented to the Planning Commission ) The Southside Plan, Zoning Amendments, General Plan, and FEIR, together with the Design Guidelines approved by the Planning Commission, would guide future development in the Southside area. The following text provides a brief synopsis of the text, and reviews primary issues that were discussed by the Planning Commission and public since 2008 in the update or creation of the following documents: 1. Southside Plan 2. Zoning Ordinance Amendments and Map 3. General Plan Amendments and Map 4. Final Environmental Impact Report (FEIR) The April 6, 2011 Planning Commission staff report is included as Attachment Southside Plan Synopsis: The Southside Plan consists of three background chapters (Introduction and Plan Goals; Southside Planning Process; and Related Planning Studies) and five elements (Land Use and Housing; Transportation, Economic Development; Community Character; and Public Safety). This synopsis will focus on the five elements, each of which give existing conditions and needs in the Southside area and provide goals, policies and actions. Land Use and Housing Element: The policies in this element focus on providing an environment that meets the needs of the residents in and immediately around the Southside. These policies concentrate density away from the lower density residential area along the boundaries with the Southside, encourage a variety of housing types, and encourage affordable housing. Two highlights of this element are: Division of Southside into multiple residential districts. The shift in density would be achieved through rezoning the residential areas in the Southside from one single residential district (R-4) into three (R-3, R-S and R-SMU). Two of these districts, R-S (Residential Southside) and R-SMU (Residential Southside Mixed Use) would be new districts unique to the Southside Area. The R-SMU district would be focused along Bancroft and Telegraph (adjoining the C-T commercial district), allow high density and mixed use buildings, and would permit neighborhood serving retail uses. The R-3 district is a medium density residential district which would be located along the Southside boundaries, adjacent to the existing R-3 and R-2A zoned districts just outside the Southside area. These two districts

7 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 7 of 18 would be separated by the R-S district, which would be a high-density district without commercial uses. By dividing the residential area into three districts, the intensity of uses within the Southside can be varied according to district and provide separation of uses which may conflict with each other. See the Zoning Amendments and Map section of this report for more details on each zoning district. Creation of a Car-Free Housing area. This element calls for a Car-Free Housing area to eliminate parking requirements for housing units and reduced parking requirements for other development within portions of the Southside area. This is meant to create an incentive to developers to provide housing in the Southside area and to promote use of transportation modes other than cars. Transportation Element: The primary goal of the transportation policies is to improve circulation in the Southside by increasing the usability of mass transit, enhancing pedestrian and bicycle safety, calming and guiding traffic in the area and providing convenient access to the University and the Telegraph Avenue commercial district. Policies to improve customer and visitor parking in the area are also included. The highlight of this element is: Changing circulation patterns in the Southside. Many who worked on the Southside from the beginning of the project desired to see the one-way streets converted to two-way streets, with the idea that this would calm traffic and allow less circuitous routes through the Southside for cyclists. However, no decision was made on which streets should be converted. Therefore, the Plan contains many options for circulation. The EIR studied various combinations of these circulation patterns. One combination, converting Bancroft and Durant to two-way traffic, was selected as the preferred alternative for evaluation and comparison as part of the proposed project. Other combinations, such as converting Ellsworth and Dana to two-way, converting Ellsworth, Dana, Bancroft and Durant to two-way, and restricting traffic on Telegraph were also studied. Any decision to change the circulation patterns will come after the Southside Plan is adopted and may require additional environmental study at that time. Economic Development Element: The policies in this element focus on celebrating and reinforcing the Telegraph Avenue commercial district and working to enhance its appeal to local residents and others in the Bay Area while maintaining its unique character. Some of these efforts involve improved marketing efforts, support for businesses and vendors, improved safety and

8 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 8 of 18 better linkage of the fifth block of Telegraph with the rest of the commercial district. Community Character Element: The policies in this element concentrate on retaining and enhancing the architectural character and appearance in the Southside districts, preserving historical resources within the area and enhancing the streetscape of the Southside. The Design Guidelines, a separate document which has been approved by the Planning Commission, would provide guidance for new development in accordance with these policies. Public Safety Element: The goal of the Public Safety policies is to protect the safety of the Southside residents and visitors. This would involve measures to reduce crime (maintaining a police presence, promoting collaborative problem solving, and providing education, treatment and rehabilitation services for health, safety, drug and alcohol abuse), and measures to reduce the loss of life and property from disasters such as fires and earthquakes. Primary issues discussed since 2008: The Planning Commission gave direction to staff to review the Plan and update it as necessary to ensure internal consistency and consistency with new regulations adopted since Most of the changes involve the addition of updates which describe changes that have occurred in the Southside and in Berkeley since 2003 and correction of mistakes. Policy changes were recommended by staff and approved by the Planning Commission to address the following issues: Density Bonus In order to encourage affordable housing, the Southside Plan called for a density bonus, based on the State Density Bonus law in effect at the time, which would have allowed specific heights for projects providing density bonuses. In 2004, the State revised the density bonus law; this not only changed the requirements necessary for a density bonus, but also the bonuses that could be provided. In 2008, the City Attorney advised staff that density bonuses cannot be limited by development standards such as height. Draft Southside policies were in conflict with these provisions: they appeared to create a density bonus specific to the Southside (and perhaps in addition to the State density bonus), and they placed height limits on the bonus. In response to these issues and concerns, references to bonuses given for affordability and specific heights related to density bonuses were removed from the Plan. Projects in the Southside are still eligible for density bonuses and will be treated similar to projects in the rest of the city.

9 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 9 of 18 Design Review - Policies in the Plan indicated that all structures in the Southside would be subject to Design Review. Since Design Review is only permitted in one residential district (R-4), and only for non-residential buildings, this would have represented a major policy shift and had a significant impact on staff and Commissions. This was rewritten to reflect current standards. The Planning Commission would like to study adding a Design Review requirement to some residential buildings in the future see Attachment 3. Southside Plan boundaries -- The boundaries were adjusted to address a conflict between the Southside Plan and the Downtown Area boundaries, and to remove the International House (considered part of the UC campus) from the Southside Plan. Since it was not feasible to recreate all of the Plan s maps, only those with a 2009 date reflect the revised boundaries. Removed Policy C-9 - This policy called for the elimination of the free right turn from Bancroft Way onto Oxford Street. The Draft EIR indicated that this change to the circulation pattern would have a significant adverse impact on traffic in the area, and for that reason, staff recommended that it be removed. 2. General Plan Amendments and Map Synopsis: The General Plan and General Plan Map will be modified to include references to the Southside Plan, such as: Including the Southside Plan in text related to area plans; Adding a policy to the Residential Areas policies related to the Southside Plan and its goals; Adding a new classification: Residential Mixed Use; Including descriptions of the new R-S and R-SMU districts; and Adding reference to the R-3, R-S and R-SMU districts to the Design Review information. The specific text changes, as well as a description of the changes to the General Plan Land Use Diagram ( General Plan Map ), can be found in a track-changes format in Attachment 1. Primary issues discussed since 2008: The 2003 version of the Southside Plan had not progressed to the point of recommending changes to the General Plan to implement the Southside Plan. Therefore these recommended changes to the General Plan are all new as of 2011.

10 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 10 of Zoning Amendments and Map Synopsis: The recommended zoning changes can be divided into two categories: changes to districts within the Southside area, and changes to other sections to ensure consistency within the Zoning Ordinance. All zoning text changes are included in Attachment 2. The Zoning Map would be modified to designate the areas subject to the Southside Plan s zoning boundary changes. See the proposed Zoning Map on page 4 of this report. Currently, the Southside area consists primarily of two zoning districts, the C-T Telegraph Avenue Commercial district and the high density R-4 Multi-Family Residential district. A few parcels in the north-west corner of the Southside (along Bancroft and Fulton) are zoned C-1 General Commercial. The Southside residential districts would change significantly with the Southside Plan. In an effort to focus density along Telegraph Avenue and Bancroft Way, and away from the lower density areas along the edge of the Southside area, the R-4 district would be replaced with three residential districts listed below. (A small portion of the R-4 would convert to the C-SA district; see that heading below for more information). Two of these districts, R-SMU and R-S, are new zoning districts created as part of the Southside Plan process. R-SMU Residential Southside Mixed Use District (Chapter 23D.52): Description: New high-density residential district. Location: This district would be located primarily adjacent to campus and behind the C-T district between Bancroft and Haste. It would also replace the portions of the Southside which are currently zoned C-1. Development Standards: The R-SMU district would allow greater density than the R-4 district, by permitting greater density for Group Living Accommodation uses, requiring fewer setbacks and greater lot coverage for buildings with residential uses, and having reduced open space requirements for dwelling units. Buildings would have a base height of four stories and be allowed to build up to 5 stories with a use permit; the R-4 had a base height of three stories and allowed up to six stories with a use permit. The parking requirements of the Car-Free Housing overlay area would apply throughout the district. Uses: The R-SMU district would be different from the R-4 district by allowing mixed use development and permitting neighborhood serving retail uses (including food product stores and food service establishments). R-S Residential Southside District (Chapter 23D.48): Description: New high-density residential district Location: This district would be located between the R-SMU and R-3 districts.

11 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 11 of 18 Development Standards: The R-S would have density similar to the R-4; it would have shorter buildings (up to 4 stories with a use permit) but would allow greater lot coverage and smaller setbacks and open space than the current R-4. The parking requirements of the Car-Free Housing overlay area would apply to approximately two-thirds of the district. Uses: The uses permitted would be the same as the R-3 with the exception that hotels would be permitted (similar to the R-4 district). R-3 Multiple-Family Residential District (Chapter 23D.36): Description: Existing medium-density residential district, with some R-3 zoned areas located immediately south of the Southside area. Location: The district would be located in the eastern quarter of the Southside and along the southern boundary of the Southside which abuts lower density residential uses. Development Standards: This district is similar to the R-4 except that it has a lower height limit (three stories as opposed to the R-4 which allows up to six stories with a use permit), and it does not permit offices, hotels and shops incidental to other uses. Uses: The R-3 district does not permit offices, hotels and shops incidental to other uses; it is strictly a residential district. Changes to the current R-3 district per the Southside Plan: The minimal changes suggested for the R-3 regulations (lot coverage and parking lots) would apply only to the portion of the district within the Southside area. Parking requirements would not change, as none of the Southside portion of the R-3 district is within the Car-Free Housing overlay area. The Commercial district would have very few zoning boundary changes compared to the residential areas. Since all changes to the C-T would be district-wide, all of the Southside recommended changes are included within the Development Standard and Uses sections. C-T Telegraph Avenue Commercial (23E.56): Description: Existing commercial district completely within the Southside. Location: No changes are proposed to the C-T district s boundary. Development Standards: The current C-T has different development standards for the portion of the district south of Dwight Way. The Southside Plan would apply the same development standards throughout the district, using the standards from the area north of Dwight Way. The Southside Plan would change some of the regulations in the district, such as increasing the minimum height from two stories to three, and increasing the maximum height in the district from four stories to five stories (with a use permit). The parking requirements of the Car-Free Housing overlay area would apply throughout the district.

12 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 12 of 18 Uses: The only changes in uses would be the prohibition of surface parking lots and the elimination of quotas for full-service restaurants. C-SA South Area Commercial (23E.52): Description: Existing commercial district located adjacent to the Southside along Shattuck Avenue. Location: The south side of Dwight Way, east of Fulton Street. This area is currently commercial and has many historic commercial buildings. Development Standards: Heights can vary from two stories to four stories based on the use. Setbacks, building separations and development standards for mixed use buildings are the same as the R-4 district. Uses: A wide range of commercial uses are permitted in this district, ranging from retail sales and offices, to mixed use developments and residential uses. See the zoning matrix on page 5 of this report for a comparison of development standards and permitted uses in the current Southside zoning districts and the proposed districts. Primary issues discussed since 2008: The Planning Commission gave direction to staff to review the zoning and update it as necessary to ensure that it was internally consistent and consistent with new regulations adopted since The Zoning Ordinance changes are included in Attachment 2. All of the changes are shown in a track changes format except the R-S and R-SMU chapters, since these are completely new chapters. Policy changes were recommended by staff and approved by the Planning Commission to address the following issues: Density bonuses in C-T, R-S and R-SMU References to additional specific heights permitted based on affordability were removed. Additional height with use permits in C-T, R-S and R-SMU Text was changed to allow extra height (with a use permit) for buildings with at least 50% residential floor area. The maximum height is based on the height previously mentioned for affordability. Density standards for Group Living Accommodations - The R-S and R-SMU districts did not include a density standard for GLAs. Standards were added to be consistent with other districts. Floor Area Ratio (FAR) in the C-T district The current zoning district has a FAR, but the proposed language in the 2003 version did not include it. The FAR was added into the Southside language. Setbacks and lot coverage in R-S and R-SMU The 0 to 10 range of setbacks for front and side yards was changed to a ten-foot minimum setback to be consistent with other setback requirements. Also, a minimum lot coverage was added to the R-SMU district.

13 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 13 of 18 Approval process The Southside Plan proposed that exceptions to development standards be approved through a Design Review process. All other exceptions to development standards in the city are reviewed by the Zoning Adjustments Board, not the Design Review Committee. This was changed to be consistent with the rest of the city. Design Review Revised the zoning language to limit Design Review in the C-T, R-S and R-SMU districts to non-residential buildings. Retail in R-SMU - Changed the reference to Café to Food Service Establishment and Grocery store to Food Products Store to be consistent with Zoning Ordinance definitions. Added Personal and Household Services as a permitted use (generally with a Zoning Certificate) to be consistent with Southside Plan direction to permit neighborhood serving retail in this district. Alcohol Sales in R-SMU Added Alcoholic Beverage Service as a permitted use, and Alcoholic Beverage Retail Sales as a prohibited use to be consistent with other districts that allow Food Products Stores and Food Service Establishments. Car-Free Overlay Regulations for reduced parking requirements were incorporated into the C-T, R-S and R-SMU districts rather than in a new overlay chapter. In addition to changes to the zoning districts within the Southside area, other zoning changes are recommended to ensure consistency within the Zoning Ordinance. These are minor changes and consist of: Updates to reference the new R-SMU and R-S districts (Sections , 23A , 23A , Sub-title 23D table of contents, 23E , and 23F ); Removal of Southside specific regulations from the R-4 district (23D.40); and Modifications of ordinances to reflect Southside regulations related to offstreet parking (Section 23D ), parking lot standards (Section 23D , Design Review (Section 23E ) and off-street loading (23E ). 4. Final EIR Synopsis: The EIR was based on the 2003 version of the Plan. The Draft EIR was released in The FEIR was released in January 2011 and responds to comments on the DEIR from six agencies, three organizations, eight individuals and questions raised at two public hearings. It contains all of the DEIR comments and responses, as well as DEIR text and appendix revisions. The CEQA resolution and findings will be developed based on direction from the City Council. Two particular points from the FEIR are described below: Master Responses (1 and 2) and non-university development potential.

14 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 14 of 18 Master Responses: Many of the comments focused on two issues: traffic circulation and development projections. Master Responses were developed to address each of these issues: Master Response 1 addresses the various circulation options put forward in the Southside Plan and the potential impacts of the Bus Rapid Transit (BRT) project. Master Response 2 addresses the development projections that were used in the DEIR to calculate different types of development: university and non-university, residential and non-residential. Non-University Development Potential: Based on some DEIR comments, the non-university development potential was reconsidered and recalculated. The revised figures indicated that the residential development potential would increase from the number originally considered in the DEIR, while the commercial development potential would decrease. These new figures were analyzed to determine if they resulted in a significant change in environmental impacts compared to the Draft EIR assumptions. The analysis determined that no significant change would result from the new figures and that no further analysis is necessary. This analysis is included in Master Response 2. Primary issues discussed since 2008: The Planning Commission discussed the DEIR and took public comment at meetings held in These comments were addressed in the FEIR, which was released in January B. Discussion at the April 6, 2011 PC meeting and resulting changes At the April 6 th Planning Commission public hearing, the Commission received 10 written comments and 16 oral comments regarding the Southside Plan and associated documents. A primary topic of discussion was whether to continue to include references to Bus Rapid Transit (BRT) in the Southside Plan policies. These policies had been left in the Plan because they involved studies that were completed as part of the BRT Locally Preferred Alternative (LPA) process and did not conflict with the more recent City Council decision on the LPA. The Planning Commission agreed that maintaining these references was confusing and could lead some to believe that dedicated lanes for the BRT project were still a possibility for Berkeley, regardless of the Council s decision. The Commission directed staff to remove the references to the BRT per public comments. The Commission also directed staff to study other comments from the public and to use its discretion to make corrections as necessary. Changes to the Plan made as a result of review of the public comments include removal of the historic resources map (because of time limits for presenting the historic resource information in a graphic format acceptable to the Landmarks Preservation Commission), removal of actions related to a possible redesign of Dana Street s bicycle lanes (the actions for Policy T-

15 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 15 of 18 C2) and removal of Section 23D G (rebuilding of non-conforming residential buildings damaged in a disaster) from the R-3 district chapter. These changes do not affect the policy direction of the Southside Plan or the zoning amendments. The removed text and reasons for the changes are included in Attachment 5. C. Ideas for future Planning Commission work program(s) As part of the Planning Commission s review of the Southside Plan, certain policy issues were identified which the Commissioners felt deserved to be revisited, but not at the cost of further delay to Plan approval. Some of these issues, such as making a final decision on the circulation pattern of the Southside, relate specifically to the Plan area. Other issues, such as consideration of Design Review for residential structures, are issues that could have citywide impacts. Through comments from the public, staff has identified two additional policy issues in the proposed zoning ordinance for further Council discussion: the Floor-Area Ratio (FAR) in the C-T district and density limits for Group Living Accommodation uses in the R-S and R-SMU districts. These policy issues are listed in Attachment 3. BACKGROUND The Southside community has many unique characteristics: Its proximity to the UC Berkeley campus; its diverse mixture of land uses; The concentration of student housing and historic structures; The needs of the Telegraph Avenue commercial district; and The high volume of through traffic. The Southside Plan process began in 1997, as a result of a Memorandum of Understanding (MOU) signed by the City and UC. The MOU was triggered by the Harmon Gym expansion and concerns about the impacts of development in and around the Southside. The Plan is designed to guide growth and development in the Southside. Significant community participation was involved in the development of the Plan. In the years between 1997 and 2000, background data was collected for the area and numerous community workshops and stakeholder meetings were held with residents, students, merchants, street artists, University personnel, and surrounding neighbors to identify major issues and concerns and to elicit ideas for the Plan. Out of this initial process, a first draft of the Southside Plan was developed (2000). From 2001 through 2003, the Planning Commission established working groups to discuss the 2000 Draft and recommend revisions. These working groups held public meetings and developed amendments which were voted on by a Subcommittee of the Planning Commission. This work led to the 2003 Draft Southside Plan.

16 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 16 of 18 The 2003 Plan was the basis of the Draft Environmental Impact Report (DEIR), which was initiated in Initially, the Southside DEIR was supposed to be informed by the DEIR for the Bus Rapid Transit (BRT) project. The BRT project, if approved, would have had significant impacts on the traffic circulation options for the Southside as it would have affected several of the major traffic corridors. The BRT EIR was expected to be completed in 2005, but was not released until May Review of the BRT EIR did not provide information that resolved any of the circulation options in the Southside Plan. Because of this, the City Council clarified that the decision on the BRT alternative would be considered separately from the Southside Plan, which allowed work on the Southside DEIR to continue separate from the BRT DEIR. The Southside DEIR was completed and released for public comment in March By September 2008, the Plan had been in progress for over ten years. Because of this, some of its information had become outdated, inconsistent or in conflict with current Zoning Ordinance regulations and State laws. The staff and Planning Commission believed, however, that the underlying reasons for developing the Plan still existed, that the policies and zoning amendments agreed upon in the 2003 draft were still valuable and that the document was still worth implementing. For those reasons, the Planning Commission directed staff to review the Plan and related documents to: Update policies and zoning that were inconsistent with current City or State policy or internally inconsistent; Correct mistakes; and Provide updates to make the background information in the Plan more current. The update was not intended as a complete revision of the document, but rather a means to ensure that the Plan gives value to readers by providing clear direction and explaining outdated portions of the Plan. Changes to the Plan s direction were not considered unless necessary for consistency, and then only after review and approval from the Planning Commission. City staff from various departments (Planning, Police, Economic Development, Public Works, and Transportation), as well as the UC police department, reviewed the Plan, Design Guidelines and zoning amendments and identified outdated or inconsistent information and provided updates. In 2009, staff released an amended version of the Plan, Design Guidelines and zoning amendments for public review. A Planning Commission Subcommittee was appointed to review policy issues identified by staff, and a series of four public meetings were held during the summer of 2009 to discuss these issues. The recommendations of the Subcommittee were brought to the Planning Commission in December 2010, and final direction on the Plan and associated documents was given at the April 6, 2011 public hearing.

17 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 17 of 18 Compliance with California Environmental Quality Act (CEQA) A Draft Environmental Impact Report (DEIR) was prepared for the project and distributed to the public in March The DEIR had a 90-day comment period, from public comment period extended from April 1, 2008 through June 30, Public notices of the comment period were sent to the Southside Plan interested parties, other agencies, and City commissioners, as well as being published in the newspaper. Public comment was taken at the April 23 and June 25, 2010 Planning Commission meetings. The comments on the DEIR cover a wide range of issues, all of which are addressed in the Final EIR (FEIR), released in January Many of the comments focused on two issues: traffic circulation issues and development projections. Master Responses were developed to address each of these concerns comprehensively. On April 6, 2011, the Planning Commission recommended City Council certification of the Final EIR. A copy of the FEIR is provided separately with this report; see Attachments. The EIR identifies two categories of significant unavoidable impacts : (1) cumulative regional impacts to which the Southside Plan and zoning amendments contribute to some degree but that are outside Berkeley's control (air quality); and (2) cumulative traffic impacts related to added vehicle trips, transit trips and other related circulation impacts. Thus, CEQA requires the Council to adopt a statement of overriding considerations if it wishes to adopt the Planning Commission's recommendations. Should the Council wish to do so, staff will return with appropriate findings concerning impacts, Mitigation Monitoring and Reporting Program (MMRP), alternatives, and overriding considerations, as required by CEQA. RATIONALE FOR RECOMMENDATION The adoption of the Southside Plan and Design Guidelines, along with changes to the Zoning Ordinance and General Plan are proposed in order to guide future development in the Southside area. The proposed amendments are intended to address housing, land use, transportation, economic development and public safety issues, while maintaining the unique community character of the area. ALTERNATIVE ACTIONS CONSIDERED A wide range of zoning amendments and policies has been considered throughout the Southside Plan process. The current Plan reflects policy decisions made over the years in work groups, Subcommittee meetings and by the Planning Commission itself. The Council could choose not to adopt the Plan and recommended zoning changes. This would leave the zoning for the area as it exists today. The Design Guidelines approved by the Planning Commission on April 6, 2011 would not be implemented if the Plan is not adopted.

18 Southside Plan, Zoning Amendments, General Plan Amendments and Environmental Review WORKSESSION JUNE 14, 2011 Page 18 of 18 CONTACTS Dan Marks, Director, Planning and Development, Elizabeth Greene, Senior Planner, Attachments: 1. General Plan and Map Amendments 2. Zoning Ordinance Text Amendments 3. Items for the City Council to consider for future Planning Commission work program(s) 4. April 6, 2011 Planning Commission staff report (without attachments) 5. Changes resulting from PC direction at hearing 6. Southside Plan * 7. Final Environmental Impact Report (Final EIR) (Consists of two documents: the 2008 Draft EIR and the 2011 Final EIR)* * Copies of the Southside Plan and the Final EIR are also available at the Main Library and the South and Claremont branch libraries and on line at:

19 Attachment 1 General Plan Changes to implement the Southside Plan June 14, 2011 Page 1-2 Add footnote 2 to the third sentence of the second paragraph under General Plan Organization : 2 The Southside Plan was adopted by City Council Resolution No. -N.S.,, Page 1-3 Amend Figure 1: Berkeley Area Plans, to: Show the Southside Plan as an adopted plan; Revise the Southside boundaries; and Remove the reference to changing the Southside Plan boundaries. Page LU-13 Add a Policy for the Southside Plan to the Residential Areas policies: Policy LU- Southside Plan Implement the Southside Plan and take actions to achieve the six goals of the Plan: 1. Housing: Create additional housing at appropriate locations to help meet the housing demand for students and people employed nearby, thus taking advantage of proximity to the University and Downtown to reduce automobile dependence and to increase travel to work or school by non-automobile transportation. Encourage the provision of affordable housing. 2. Land Use: Provide for a high-density residential and commercial mixed-use edge to the University of California campus and the spine along Telegraph Avenue. The high-density edge and spine are the focus for infill development. Development becomes progressively less dense and more residential in use the greater the distance from Bancroft and Telegraph, providing a buffer and transition to the lower density residential areas to the east and south of the Southside Area. 3. Transportation: Increase the quality, amenity, and use of all non-automotive modes (public transit, bicycles, and pedestrian), and reduce the number of trips made in single-occupant automobiles. 4. Economic Development: Enhance the commercial district so that it better meets the needs of the wide variety of users who frequent the neighborhood. Improve access, marketing and safety. 5. Community Character: Recognize, preserve, and enhance the unique physical character of the Southside. 6. Public Safety: Improve public safety, address social needs, and act to minimize loss of life and property in the event of a natural disaster. 1

20 Page LU-24, High Density Residential, paragraph 2 Add description of R-S: For information purposes, the compatible zoning districts for this classification are: Multi-Family Residential (R-4), which allows building heights of 35 feet with provisions to allow buildings up to 65 feet, and High Density Residential (R-5), which allows building heights of 40 feet with provisions to allow building heights up to 65 feet., and Residential Southside (R-S) which allows building heights of 35 feet with provisions to allow buildings up to 45 feet. Page LU-24 Add new classification, Residential Mixed-Use, between the High Density Residential and Neighborhood Commercial classifications: Residential Mixed Use These areas are generally characterized by a diverse mixture of residential, commercial and institutional structures, in close proximity to transit and major shopping and employment centers. Appropriate uses for these areas include residential, neighborhood serving retail, offices, school, institutional, recreational uses, and open space. Building heights will generally range from two stories to either four or five stories, depending on type of use and location. Building intensity will range from 40 to 100 dwelling units per net acre, and the population density will generally range from 88 to 220 persons per net acre. For information purposes, the compatible zoning district for this classification is Residential Southside Mixed Use (R-SMU), which allows building heights up to 60 feet with provisions to allow buildings up to 65 feet or 75 feet depending on their location within the district. Page LU-25 Change maximum height of C-T district in development standards table: Zoning District Maximum FAR Maximum Height South Area Commercial (C-SA): ft General Commercial (C-1): ft Telegraph Avenue Commercial (C-T): ft West Berkeley Commercial (C-W) 10 : ft Page LU-26 Remove Southside Study Area paragraph: Southside Study Area The Land Use Diagram shows the approximate location of the Southside Plan Study Area that is currently the subject of a community planning effort. The Study Area is shown for information purposes only and is not intended to serve as a land use classification. Once completed the Southside Plan will be adopted as an amendment to the General Plan. The amendment is 2

21 anticipated to result in changes to some of the General Plan land use designations within the Study Area. The General Plan Land Use Diagram will be modified accordingly at that time. Page UD-4-5 Add reference to the Southside Plan in the last sentence on page UD-4: Recognizing the particular character of areas, the City Council has adopted a series of area plans, including the Waterfront Plan (1986), Downtown Plan (1990), South Berkeley Plan (1990), West Berkeley Plan (1993), South Shattuck Strategic Plan (1997), and University Avenue Strategic Plan (1997), and the Southside Plan (2011). Page UD-17 Add references to the R-S, R-SMU and R-3 districts in the Design Review paragraph, second sentence: (Design review is now also required for: commercial and mixed use projects in the R-4 multifamily residential zone; commercial, mixed use and community and institutional uses in the R-S Residential Southside residential zone and the R-SMU Residential Southside Mixed Use zone; and mixed use and community and institutional uses in the R-3 Residential Multiple Family Residential zone within the Southside Plan area.) Figure 4 of the General Plan (The General Plan Land Use Diagram) will be amended in the following manner: Remove the Southside Study boundary and the legend s reference thereto. Add the category Residential Mixed Use to the legend. Depict as Medium Density Residential all of the same blocks or portions thereof, except People s Park itself, that the Southside Plan includes in its Residential Medium Density Subarea. Depict as High Density Residential all of the same blocks or portions thereof that the Southside Plan includes in its Residential High Density Subarea. Depict as Residential Mixed Use all of the same blocks or portions thereof that the Southside Plan includes in its Residential Mixed Use Subarea. Depict as Avenue Commercial the same partial block that the Southside Plan includes in its Dwight Way Commercial Subarea. 3

22 Attachment 2 Zoning Ordinance Text Amendments to implement the Southside Plan June 14, 2011 Zoning Districts Within the Southside Plan Area Chapter 23D.36 Chapter 23D.48 Chapter 23D.52 Chapter 23E.56 R-3 Multiple Family Residential District Provisions (revised) R-S Residential Southside District Provisions (new) R-SMU Residential Southside Mixed Use District Provisions (new) C-T Telegraph Avenue Commercial District (revised) Page # Other Changes to the Berkeley Municipal Code and Zoning Ordinance Section Vehicles and Traffic: Preferential Parking Program 60 Section 23A Title, Adoption and Purposes: Purpose of Ordinance and Relationship to Plans Section 23A Zoning Maps, Districts and Boundaries: Property Classified in Districts Subtitle 23D Provisions Applicable in All Residential Districts: Chapters 64 Page 1 of 77

23 Section 23D Off-Street Parking Requirements: Applicability Page # 65 Section 23D Off-Street Parking Requirements: Parking Lot Standards Section 23D R-4 Multi-Family Residential District Provisions: Uses Permitted Section 23D R-4 Multi-Family Residential District Provisions: Office Uses Prohibited in the Dwight-Hillside Area 72 Section 23E Design Review: Applicability 73 Section 23E Loading Space Requirements: Off-Street Loading Spaces for Commercial Districts Section 23E H Hillside Overlay District Provisions: Development Standards Section 23F Definitions 77 Page 2 of 77

24 Chapter 23D.36 R-3 MULTIPLE FAMILY RESIDENTIAL DISTRICT PROVISIONS Sections: 23D Applicability of Regulations 23D Purposes 23D Uses Permitted 23D Special Provisions: Design Review in Southside Plan Area 23D Special Provisions: Development Standards for Accessory Dwelling Units 23D Reserved 23D Reserved 23D Development Standards 23D Parking -- Number of Spaces 23D Findings 23D Applicability of Regulations The regulations in this Chapter shall apply in all R-3 Districts. In addition, general provisions in Sub-title 23C shall apply. Where the H District overlays a property so as to be classified R-3(H), the Hillside District provisions of Chapter 23E.96 shall also apply. (Ord NS 4 (part), 1999) 23D Purposes The purposes of the Multiple Family Residential (R-3) Districts are to: A. Implement Master Plan policy by encouraging development of relatively high density residential areas; B. Make available housing for persons who desire both convenience of location and a reasonable amount of Usable Open Space; C. Protect adjacent properties from unreasonable obstruction of light and air; D. Permit the construction of residential structures, such as dormitories, fraternity and sorority houses, boarding and rooming houses, which will meet the City requirements for this type of housing; and, E. Permit the construction of specialized care and treatment facilities such as Senior Congregate Housing, Nursing Homes and Hospitals when such will not be detrimental to the immediate neighborhood. (Ord NS 4 (part), 1999) 23D 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 () or is Prohibited. Page 3 of 77

25 Table 23D Use and Required Permits Use Classification Special Requirements (if any) Uses Permitted Child Care Centers Clubs, Lodges Community Care Facilities/ Homes Changes of Use New Construction Community Centers Dwelling Units, Single-family, Duplex, or Multi-family, subject to R-3 standards Residential Additions (up to 15% of lot area or 600 square feet, whichever is more restrictive) Major Residential Additions ZC ZC Subject to parking requirements. See Section 23D A See Section 23D for restrictions. Group Living Accommodations, subject to R-3 standards AUP Page 4 of 77 See definition in Sub-title F. Denial subject to Section 23D B. Hospitals Subject to parking requirements. See Section 23D A