Item # 10 Planning Commission June 24, 2009 Planning and Development Department Land Use Planning Division STAFF REPORT DATE: June 24, 2009 TO: Members of the Planning Commission FROM: Alex Amoroso, Principal Planner Claudine Asbagh, Assistant Planner SUBJECT: West Berkeley Project – City Council “Fast Track” Items, Set Public Hearing, Discussion and Direction on Master Use Permit Introduction This report discusses the two aspects of the West Berkeley Project that the Planning Commission will consider and/or act upon at the June 24 th meeting: CC fast track items – Incidental retail, Conversions, Interchangeability of protected space, and the transition from SIC to NAICS MUP – focus and direction on eligibility, development standards, uses. Staff Requests that Planning Commission: CC fast track items – Provide direction to adopt the proposed zoning amendments and set a hearing for July 22 nd MUP – Provide direction to staff regarding remaining issues. Coming steps: New stakeholder group representing residents in the Mixed Use – Residential District. Next stakeholder group meetings in July to cover MUP specifics. Discussion CC fast track items At the April 28 th City Council meeting, the council received an update on the West Berkeley Project. At the meeting, the council directed planning staff to maintain the project’s course, but also expressed a desire to provide some measure of speedy relief to west Berkeley businesses suffering under the current economic downturn. It was suggested that this relief could come about by advancing smaller items already vetted through the Planning Commission thus far. In keeping with Council’s direction, staff chose five obstacles (or parts of obstacles) from the list presented at the January 28 th Planning Commission meeting (Attachment 1). The five items were chosen based on staff’s assessment of the amount of relief provided to businesses in 2120 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.6903 Fax: 510.981.7420 E-mail: [email protected]
Transcript
Item # 10 Planning Commission
June 24, 2009
Planning and Development Department Land Use Planning Division
STAFF REPORT
DATE: June 24, 2009 TO: Members of the Planning Commission FROM: Alex Amoroso, Principal Planner Claudine Asbagh, Assistant Planner SUBJECT: West Berkeley Project – City Council “Fast Track” Items, Set Public Hearing,
Discussion and Direction on Master Use Permit Introduction This report discusses the two aspects of the West Berkeley Project that the Planning Commission will consider and/or act upon at the June 24th meeting: CC fast track items – Incidental retail, Conversions, Interchangeability of protected
space, and the transition from SIC to NAICS MUP – focus and direction on eligibility, development standards, uses.
Staff Requests that Planning Commission: CC fast track items – Provide direction to adopt the proposed zoning amendments and
set a hearing for July 22nd MUP – Provide direction to staff regarding remaining issues.
Coming steps: New stakeholder group representing residents in the Mixed Use – Residential District. Next stakeholder group meetings in July to cover MUP specifics.
Discussion CC fast track items At the April 28th City Council meeting, the council received an update on the West Berkeley Project. At the meeting, the council directed planning staff to maintain the project’s course, but also expressed a desire to provide some measure of speedy relief to west Berkeley businesses suffering under the current economic downturn. It was suggested that this relief could come about by advancing smaller items already vetted through the Planning Commission thus far. In keeping with Council’s direction, staff chose five obstacles (or parts of obstacles) from the list presented at the January 28th Planning Commission meeting (Attachment 1). The five items were chosen based on staff’s assessment of the amount of relief provided to businesses in
West Berkeley Project – City Council “Fast Track” Items, Item 10 Set Public Hearing, Discussion and Direction on Master Use Permit June 24, 2009
relation to the ease of implementation. The items were discussed at the June 10th Planning Commission meeting after preliminary discussions during June stakeholder meetings. The current list has been revised based on this feedback. Each obstacle, or portion thereof, is identified below, along with the current situation, the proposed change, and the rationale behind the request.
Incidental Retail – Current: The Mixed Use – Light Industrial District (MU–LI) allows for
the establishment of Incidental Retail for the sale goods manufactured on site with an Administrative Use Permit (AUP) if, and only if, it is established simultaneously with the primary use.
Proposed Change: The change would allow for the establishment of incidental retail (for the sale goods manufactured on site with an AUP) both at the time of establishment, as well as at any time thereafter.
Rationale: The suggested change allows an operation to evolve as necessary and creates parity among manufacturing businesses that wish to establish incidental retail. This change will affect businesses in the MU–LI District. The current regulations and findings for Incidental Retail will remain unchanged.
Demising of space in existing buildings (Conversions) – Current: The Manufacturing (M), Mixed Manufacturing (MM) and
MU–LI districts currently regulate the demising of space (Conversions). Whether the proposed Conversion requires a discretionary permit, and the level of that permit, is dependent on the size of the initial space, number of spaces to be created, and/or size of spaces to be created.
Proposed Change: The proposed change would lower the level of discretion for Conversions requiring a Use Permit/Public Hearing (UP/PH) to an AUP (will not effect current AUP or Zoning Certificate (ZC) designations). Please refer to Attachment 2 for current levels of discretion and staff’s proposal.
Rationale: Implementing this change will reduce time and cost constraints for small business owners as well as property owners who wish to lease space to smaller industrial uses. Will also facilitate the reuse and reconfiguration of industrial spaces so that businesses are better able to react to shifts in market forces (Note: effective in M, MM).
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Interchangeability of Manufacturing/Wholesale/Warehouse/Material Recovery Enterprise (M/W/WH/MRE) uses –
Current: The zoning ordinance is unclear about whether these uses can replace one another easily or without discretion. Planning staff’s current practice has been to allow the interchangeability of the four protected uses.
Proposed Change: Staff recommends that zoning language be drafted to clarify/codify the current practice.
Rationale: The clarification will limit future confusion and the potential change in interpretation over time. The new language will provide certainty and clarity for industrial businesses while maintaining protected use space.
Exchange the Standard Industrial Classification system (SIC) with the North American Industrial Classification System (NAICS) –
Current: The current Zoning Ordinance definition of Manufacturing is represented by the SIC numeric system (Attachment 3). A proposed use must fall within the given range(s) in order to be considered a manufacturing use.
Proposed Change: The proposed shift from SIC to NAICS will update the definition to reference the new system while representing the same range and list of uses.
Rationale: By updating the definition to reference NAICS, the City will adopt a national, modern definition system for uses. This change would not affect the current list of permitted uses in Berkeley, only the system within which they are defined. Additionally, NAICS updates on a regular, 5 - year basis. These updates could then be referenced by staff (Note: effective in M, MM, MU–LI, MU - R).
Conclusion Staff has responded to the City Council directive without shifting too much focus from the West Berkeley project as a whole. The proposed “Fast Track” items make minimal changes to the ordinance. Several of the proposed changes are initial steps for addressing obstacles, which will be revisited as the WB project moves forward. The Planning Commission should review proposed language, consider, suggest revisions if necessary, and set a public hearing on issues selected.
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West Berkeley Project – City Council “Fast Track” Items, Item 10 Set Public Hearing, Discussion and Direction on Master Use Permit June 24, 2009
Master Use Permit The West Berkley Area Plan envisioned a Master Use Permit (MUP) process by which large, underutilized sites could develop in phases and with the development flexibility to make them feasible. The MUP would allow projects proposed on large sites to modify development standards and permitted uses in exchange for benefits that support the West Berkeley area. A development project will gain added value through the flexibility granted by the City, and in exchange for this added value, the MUP applicant will provide commensurate benefits to the City. Planning Commission has engaged in discussions regarding the MUP since January of this year. To date, there are four aspects of the MUP that remain unresolved and that require specific consideration by the Planning Commission:
Eligibility Requirements Development standards – Range of modification to development standards for MUP Uses – Range of uses for MUP Benefits – to be gained as offsets for flexible development potentials
Staff would like to hear comments from PC and will then work with the stakeholder groups to further solidify the MUP. Various options are listed for the commission to consider. Current Setting Development standards, Permitted Uses and Eligibility requirements for a Master Use Permit are referenced in two separate chapters of the Zoning Ordinance – Chapter 23B.36 (Master Use Permits) and Chapter 23B.48 (Modification of Development Standards). The two chapters interact with on another to guide development of an MUP (Attachment 4).
Eligibility Requirements– The MUP chapter currently identifies minimum site size of 5
acres, or a site that is less than 5 acres but encompasses one city block.
Lands must be consolidated under one ownership, located wholly, or partially in the M, MM, MU – LI, and CW districts.
A list of sites is referenced in the West Berkeley Area Plan as potential MUP locations. Several of the identified sites, as well as other groupings of sites, do not meet the 5 acre threshold set forth in the Zoning Ordinance (See Map, Attachment 5)
Development Standards and Uses –
Physical Development standards: Done through discretionary process with Zoning Adjustments Board. No thresholds or limits exist in current zoning language. Flexibility includes, but is not limited to: height, FAR, number of stories, required yards and open space.
Permitted Uses: Allows flexibility in the siting and location of uses defined within a particular district. This may be restricted to the
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uses allowed within the site in question, but the ordinance language is unclear. Additional use flexibility is addressed, however the chapters contain conflicting zoning language.
Benefits –
Not currently part of the Master Use Permit chapter. The concept would allow for the City Of Berkeley to gain benefits from allowed development and flexibility on MUP sites. This concept will be further outlined below.
MUP Components for PC direction/input – The MUP components requiring PC input are listed below. Each item is divided into smaller sections that list the remaining issue(s) and identified options.
Eligibility Requirements – Remaining Issues:
Size range – This relates to the minimum site size required for MUP eligibility.
Consolidation – Refers to whether additional consolidation of parcels should be allowed.
Identified Options: Size range – between 3 and 5 acres. Please note the maps that
differentiate between consolidated sites and parcels of 5, 4 and 3 acres (Attachments 5, 6, and 7).
Consolidation – Allow for additional consolidation of parcels under one ownership that would create additional MUP sites.
MUP site defining characteristics could include: sites that encompass an entire city block (as allowed in the existing MUP zoning); and/or sites with a specific set of existing non-conforming uses. A list could be developed that specifically identifies the locations the City may want to be developed.
Development Standards (Flexibility) –
Remaining Issues: FAR1 – The amount of flexibility an MUP development will have
to exceed district standards (relates to site massing and coverage).
Height – Define a range within which the MUP project can be designed.
Parking – Flexibility in required parking for an MUP development. Projects that utilize the MUP process are
1 Floor Area Ratio relates to the square feet of development allowed on a parcel (From COB ZO: “The quotient resulting from
division of the Gross Floor Area of all buildings on a lot by the area of the lot. In a single integrated development on contiguous lots, the permitted Floor Area Ratio shall be computed upon the basis of the total area of all such lots).
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anticipated to have a mix of uses that use parking at different times and at varying intensities.
Identified Options: FAR – Between 3 and 5 – The current allowance for FAR (up to
2.0) has proved insufficient to attract a range of new industrial and manufacturing uses to the larger MUP sites. A greater range in FAR could attract new users who might otherwise develop in neighboring communities where industrial FAR allowances are higher.
Height – up to 90 feet - This range of height in combination with FAR flexibility may allow for development to focus taller/more intense development at locations on the site where impacts to neighborhoods can be minimized.
Parking – Allow for a full range of parking waivers to reduce auto dependency. The Zoning Adjustments Board could then utilize their discretion during the evaluation of an MUP development project. Waivers could be based on the range of anticipated uses in the MUP proposal.
Permitted Uses (Flexibility) –
Remaining Issues: Range of Uses – should a wider range of uses be allowed within
the MUP, than is currently allowed by ordinance? Mix of Uses Protected Uses/Spaces
Identified Options: Range of Uses – The commission may want to consider adding
new uses that are in keeping with the purposes of the industrial areas of West Berkeley. Please refer to Attachment 8.1 and 8.2 to see examples of new uses that the Office of Economic Development believes would be appropriate.
Mix of Uses – Allow permitted Uses from all “M” districts to freely develop on MUP sites. Allow for exchange of uses within an MUP regardless of location. The interchangeability between all allowed uses in the manufacturing districts (subject to non-detriment findings) would provide a desirable mix of uses while adding protections as necessary.
Protected Uses/Spaces – Allow MUP developments flexibility with protections for manufacturing space on an MUP site. If the project displaces small manufacturing and/or artisan space, the applicant could opt to provide such space under the “benefits” section.
Benefits –
A proposed component to the MUP process is the concept of benefits provided to the City that will serve as offsets to the development flexibility granted through
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the MUP process. The Planning Commission could chose benefit options designed to be effective and implemented either on or off the MUP site (could be implemented both on and off as well). The benefits are intended to support the West Berkeley community and Berkeley as a whole. Three particular benefits rise to the top when considering West Berkeley in the context of a changing industrial area:
Preservation and expansion of the artisan/artists community of West Berkeley;
Job creation/job training programs to support living wage jobs for Berkeley residents; and
Support for programs to reduce auto dependency and increase transportation options for employees and residents in West Berkeley.
Staff believes that a relatively short list of benefits focuses attention and funding on fewer items, hopefully with greater effect. If too many areas are identified, there is a possibility that any benefits gained through the MUP development process would be too small and unfocused to have the positive effect intended.
Suggested Benefit Options –
Preservation and expansion of the artisan/artists community – Value of Benefit: The artist community of Berkeley attracts citizens from around
the region and brings a much-needed mix that supports the industrial users and other parts of the community.
Implementation options: Purchase a series of sites for the development of workspace in
which a majority of the artist community could work. Preserve the newly created artist space and uses through an ownership mechanism (501C.3 or other non-profit structure).
Identify and build new artist work and display spaces within developing MUP sites (preserve the land and buildings through earlier noted mechanism).
Development of jobs and job training programs –
Value of benefit: Berkeley has a robust job-training program and several
businesses make a point of hiring Berkeley residents. In the new industrial economy, job creation and training is more regionalized. New job training and job creation of living wage jobs can help both Berkeley residents and regional employers.
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Implementation options: Work with current job development programs to enhance their
programming. Work with new employers to develop training centers that focus
on new technologies and green industrial positions, whether located in Berkeley or elsewhere in the region
Alternative transportation methods – Value of benefit: West Berkeley is insufficiently serviced by public transportation
and/or multi-person transit systems. The existing setting is ill equipped to support bike and pedestrian traffic. Further, it is anticipated that auto traffic will worsen over the next 20 years. Alternative transportation modes could decrease the amount of auto traffic on West Berkeley corridors, thus allowing for easier movement of goods and more manageable truck traffic. It would increase accessibility to West Berkeley for employees and visitors alike, creating alternatives to private auto use.
Implementation options: A shuttle system (like Emery-go-round) could integrate West
Berkeley with BART, the planned ferry terminals, and other public transportation systems. Shuttles could also serve to improve transit services during weekend events in Berkeley.
Appropriately placed parking structures could augment the shuttle system and direct and contain auto traffic at the edges of the West Berkeley area.
This discussion of the MUP is intended to provide the PC with further information and to offer a basis for conversation with the stakeholder groups in coming weeks. Staff will return with further information and recommendations for PC on July 22nd.
Conclusion and Next Steps
1. CC Fast Track Items – the PC is requested to set a hearing date) for those items that the PC deems appropriate (recommend July 24th).
2. MUP information – the PC is requested to provide comment and any additional options or insights to staff that can then be taken forward into conversations with the stakeholders. Staff would like to return on July 24th with recommendations.
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Attachments: 1 City Council Fast Track Items and Staff Recommended Zoning Changes (from 1/28) 2 Conversion Chart 3 Definition of Manufacturing (from 23F) 4 Chapter 23B.36 (Master Use Permits) and Chapter 23B.48 (Modification of Development
Standards 5 Map of sites larger than 5 acres 6 Map of sites larger than 4 acres 7 Map of sites larger than 3 acres 8 (See Below)
8.1 Suggested New Use Categories from Office of Economic Development: Non-Store Retail
8.2 Suggested New Use Categories from Office of Economic Development: Product Development
Item 1.1: City Council Fast Track Items from Zoning Recommendation Table Attachment 1 – Item 10 Planning Commission June 24, 2009
1 of 3
Item Districts Recommendation from Planning Staff Discretionary Levels
Incidental use in MU-R and MU-LI AUP
Stand alone in MU-LI: adopt MU-R standards but with AUP Childcare MU-R, MU-LI MM, M
Stand alone in MU-R Lower discretion from UP to AUP
Incidental Retail MU-LI Allow incidental retail in MU-LI subsequent to establishment of primary use. AUP
Conversion (demising interior space within a building)
M, MM, MU-R MU-LI
Decrease levels of discretion of conversions across board by one permit level
Parking Reductions M, MM, MU-R MU-LI
Utilize similar standards as those used in commercial districts but adapt for industrial area. Allow for new uses as well as changes of use.
TBD
Removal of Manufacturing, Warehousing, Wholesale or Material Recovery Enterprise (M/W/WH/MRE) space.
M, MM, MU-R MU-LI
Clarify that M/W/WH/MRE space can interchange freely (i.e. Warehouse can be replaced with Manufacturing and vice versa)
N/A
1.1: WB Zoning Changes (for reference from PC 1/28) v. 5/11/09 Attachment 1 – Item 10 Planning Commission, June 24, 2009
Conversion (Division of Space) Regulations Initial space being divided into 2 or 3
spaces
Size of space prior to conversion
Smallest space less than 10,000
sq ft
Smallest space 10,000 sq ft or
greater
Initial space being divided into 4+
spaces 0-15,000 AUP ZC UP(PH) AUP
15,001-39,999 sq ft AUP AUP UP(PH) AUP 40,000 sq ft or greater UP(PH) AUP UP(PH) AUP UP(PH) AUP
MUR Mixed-Use Residential, section 23E.84.050 C. Existing spaces of 5,000 square feet or more shall not be converted unless a Use Permit is obtained from the Board. (Ord. 6478-NS § 4 (part), 1999)
Manufacturing Use: Primarily engaged in the mechanical or the chemical transformation of materials or substances into new products. Manufacturing activities include, but are not limited to, assembly, baking, brewing, fabrication, milling, processing, refining, smelting and treatment and any other uses determined by the Zoning Officer. Except as otherwise provided in this chapter, Manufacturing Uses are defined, and distinguished from non-manufacturing uses, in Division D (SIC codes 2011-3999 inclusive) of the Standard Industrial Classification (SIC) Manual, 1987 edition.
Construction Products Manufacturing: Manufacturing and/or processing asphalt, cement and/or concrete.
Light Manufacturing: Primarily involved in baking, brewing, fabricating, milling, processing and other similar forms of mechanical and chemical treatment. Light manufacturing uses are generally in the following groups in the Standard Industrial Classification (SIC): Title 23 Page 387 Chapter 23F.04: Definitions
Light Manufacturing Uses SIC Code
Apparel and Other Textile Mill Products 2311-2399 Electronic and Electric Equipment, except semiconductors 3611-3672, 3674 3699 Fabricated Metal Products 3411-3499 Food Processing 2011-2099 Furniture and Fixtures 2511-2599 Industrial Machinery and Equipment 3511-3599 Instruments and Related Products 3812-3873 Leather and Leather Products, except leather tanning 3131-3199 Lumber and Wood Products, except logging 2421-2499 Miscellaneous Manufacturing 3911-3999 Paper and Allied Products, except paper, pulp and paperboard mills 2652 2679 Perfumes, Cosmetics and Toilet Preparations 2844 Printing and Publishing, except publishing without printing part SIC 2711-2796 Rubber and Miscellaneous Plastic Products 3011-3089 Stone, Clay and Glass Products, except cement 3211-3231, 3251-3299 Textile Mill Products 2211-2299 Transportation Equipment 3711-3799
Primary Production Manufacturing: Primarily involved in drawing, smelting, refining, rolling and extruding
to produce materials such as metals or plastic. Primary Production Manufacturing Uses are generally in the following groups in the Standard Industrial Classifications (SIC):
Primary Production Manufacturing Use SIC Code Chemicals and allied products, except pharmaceuticals and perfumes, cosmetics and toilet preparations 2811-2824, 2841-2843, 2851-2899 Leather Tanning 3111 Paper, pulp and paperboard mills 2611-2631 Primary Metal Industries 3311-3399)
Material Recovery Enterprise: A business that diverts discarded materials from a number of waste streams including but not limited to the Transfer Station, drop-off, pick-up and curbside collection. Such facilities must clean, sort, repair and/or process these materials and offer them for reuse and/or recycling through wholesale and/or retail sales, including bulk sales. The retail component of these facilities is limited to the sale of items Title 23 Page 388 Chapter 23F.04: Definitions recovered from the waste stream. No new items may be offered for sale at these facilities. Material Recovery Enterprises do not include flea markets, automobile wrecking establishments, manufacturer’s outlet stores (factory second stores), consignment shops, second-hand stores, antique stores or any store which offers only used furniture, clothing and/or household items.
Attachment 4 – Item 10 Planning Commission June 24, 2009
Chapter 23B.36 MASTER USE PERMITS1
23B.36.010 Applicability of Master Use Permit Process A. The Master Use Permit process may be used for any site which is entirely or
partially contained in a C, MU-LI, MM or M District, and which, at full occupancy, will be occupied by three (3) or more independently operating businesses. (Ord. 6478-NS § 4 (part), 1999)
23B.36.020 Purposes of Master Use Permits The purposes of this Chapter are to: A. Facilitate the implementation of area plans, such as the West Berkeley Plan. B. Facilitate the speedy reuse of large and multi-user sites which might
otherwise prove difficult to reuse. C. Facilitate the development and reuse of large, multi-user sites as integrated
units, designed to produce an environment of stable and desirable character which will benefit the occupants, the neighborhood, and the city as a whole.
D. Allow the review and analysis of impacts of multi-tenant projects in a coordinated, consolidated manner.
E. Improve Berkeley’s competitiveness in attracting and retaining businesses by allowing businesses to move onto a site quickly once overall development requirements have been established. (Ord. 6478-NS § 4 (part), 1999)
23B.36.030 Authorizations under the Master Use Permit Process A. A Master Use Permit may authorize the establishment or expansion of more
than one (1) individual business and/or use on a site as of right, provided that all other applicable requirements of the Zoning Ordinance are met.
B. The Master Use Permit shall state the number of square feet of buildings and land to be used for Industrial (Manufacturing, Wholesaling and warehousing), Office (exclusive of offices ancillary to other uses), Commercial (Retail and Personal service), Live/Work Units and Residential Uses.
C. The number of square feet actually built in each use may vary from that set forth on the Master Use Permit by up to ten percent (10%). Variations of more than ten percent (10%) but less than twenty-five percent (25%) from the stated number of square feet for any use may be authorized by an Administrative Use Permit; variations of more than twenty-five percent (25%) may be authorized by a Use Permit modification.
D. So long as the allocation of floor area for various uses as specified in Paragraph B above remains within the limits set forth in Paragraphs B and C, lease spaces may be divided or aggregated in any manner as of right. (Ord. 6478-NS § 4 (part), 1999)
23B.36.040 Notice of Application A. Master Use Permits may be approved only by the Board. B. Public notice of application for a Master Use Permit shall be the same as for
Use Permits, except that notice shall be mailed or delivered to all businesses, residents and owners of property located within five hundred (500) feet of the subject property. (Ord. 6478-NS § 4 (part), 1999)
Attachment 4 – Item 10 Planning Commission June 24, 2009
23B.36.050 Findings In order to approve a Master Use Permit, the Board must find that approval is
likely to cause more rapid occupancy and use of a site for the purposes set forth in the applicable Zoning District and Area Plan, if any, than would requiring individual Use Permits. (Ord. 6478-NS § 4 (part), 1999)
Attachment 4 – Item 10 Planning Commission June 24, 2009
Chapter 23B.48 MODIFICATION OF DEVELOPMENT STANDARDS1
23B.48.010 Applicability The Board may consider an application under this Chapter to modify the
Development Standards applicable to a site, if: A. The majority of the site is contained in a C-W, MU-LI, MM or M District. B. The applicant is requesting approval of development standards which are
different from those otherwise applicable to the location; and/or the applicant is requesting the right to build the project in phases.
C. As of the effective date of this Chapter, the site is at least five (5) contiguous acres in land area in the City under a single ownership and not primarily being used by a use conforming to the West Berkeley Plan; or is less than five (5) acres and forms a full city block bounded on all sides by public streets (exclusive of alleys), and/or mainline railroad tracks and/or the borders of the City.
D. The application does not propose any modification that would result in a violation of any restriction set forth in Section 23E.80.045. (Ord. 6478-NS § 4 (part), 1999)
23B.48.020 Purposes The purposes of this Chapter are to: A. Facilitate the implementation of the West Berkeley Plan. B. Facilitate the speedy reuse of the small number of large sites which have
proven difficult to reuse. C. Facilitate the development and reuse of large, multi-user sites as integrated
units, designed to produce an environment of stable and desirable character which will benefit the occupants, the neighborhood and the City as a whole; and
D. Allow modifications of standards when such modifications serve the overall purposes of their districts and the West Berkeley Plan on large, complex sites and where the design of the project is compatible with the design and character of the surrounding area. (Ord. 6478-NS § 4 (part), 1999)
23B.48.030 Authorizations to Modify Use Locations and/or Development Standards
A. Modification of Development Standards may authorize relocation of uses that are generally limited as to location within a building, location on a site or location within a district to alternative locations in the building, on the site or in the district, as applicable, where they would otherwise not be permitted.
B. A Modification of Development Standards may authorize modifications to otherwise applicable development standards including but not limited to, height, yard requirements, open space requirements and parking standards. (Ord. 6478-NS § 4 (part), 1999)
23B.48.040 Findings A. In order to approve a Modification of Development Standards, the Board
must make the finding required by Section 23B.32.040, all findings required for a Use Permit in the District in which the site is predominantly located, as well as the following findings:
Attachment 4 – Item 10 Planning Commission June 24, 2009
1. The site is eligible for consideration for a Modification of Development Standards under Section 23B.48.010;
2. The project is likely to advance the purposes of the West Berkeley Plan and this Chapter;
3. The project supports the attraction and/or retention of the types of businesses reflected in the purposes of the applicable District.
B. If the application seeks modifications to otherwise applicable development standards or limitations on the locations of uses, the Board must find that the modifications are necessary and appropriate for the development of the proposed project. (Ord. 6478-NS § 4 (part), 1999)
1 BERKELEY MUNICIPAL CODE, A Codification of the General Ordinances, City of Berkeley, California:
Office of Economic Development Date: June 18, 2009 To: Planning Commissioners From: David Fogarty, Economic Development Project Coordinator Re: Proposed New Industrial Use Category: Nonstore Retailers Nonstore Retailers (NAICS 454) The official North American Industry Classification System (NAICS) divides Sector 44-45, Retail Trade, into two main types of retailers: Store retailers and Nonstore retailers. The NAICS Manual1 distinguishes them:
1. Store retailers operate fixed point-of-sale locations, located and designed to attract a high volume of walk-in customers. In general, retail stores have extensive displays of merchandise and use mass-media advertising to attract customers. They typically sell merchandise to the general public for personal and household consumption but some also serve business and institutional clients.
2. Nonstore retailers, like store retailers, are organized to serve the general public, but
their retailing methods differ. The establishments of this subsector reach customers and market merchandise with methods, such as the broadcasting of “infomercials”, the broadcasting and publishing of direct-response advertising, the publishing of paper and electronic catalogs, door-to-door solicitation, selling from portable stalls, and distribution through vending machines.
The most important category of Nonstore retailers is now industry 4541, Electronic Shopping and Mail-Order Houses:
This industry group comprises establishments primarily engaged in retailing all categories of merchandise using non-store means, such as catalogs, toll-free telephone numbers, or electronic media, such as interactive television or computers. Included in this industry are establishments primarily engaged in retailing from catalog showrooms of mail-order houses.
Since Nonstore retailers do not depend on customer visits, they do not need visibility and access on a commercial street; in fact, it may not even be appropriate for them to locate there because their presence creates “dead zones” that lack pedestrian life. Some Nonstore retailers (but not all, as is discussed below) are essentially sites for light assembly, packing, shipping and receiving. They require warehouse space: a building with high, clearspan ceilings, rollup doors
1 Executive Office of the President, Office of Management and Budget, North American Industry Classification System, United State, 2007.
and a loading dock for truck access. From standpoint of land use compatibility, the prototypical Nonstore retailer needs to be in a warehouse or industrial district. In Berkeley, the best example of this is Wine.Com, a nationwide Nonstore retailer of wines and wine-related gift products located in an 89,000 sf warehouse at 2250 4th Street (part of the former Peerless Lighting facility). When Wine.Com applied in 2007, Planning staff had trouble allowing it at this location in the Mixed Use-Light Industrial (MU-LI) District. The Zoning Ordinance only has Use Categories for what it calls “Retail Product Store” and all retail is prohibited in the industrial districts, including MU-LI. The Ordinance contains no category whatsoever for Nonstore retailers. Planning staff made the correct decision to allow Wine.Com in MU-LI by emphasizing the “light assembly” required to put together gift packages containing wine, food items and other material. While Planning staff allowed Wine.Com by considering it as a form of manufacturing, a far more direct path would be to create a Use Category for Nonstore retailer that would allow those that are appropriate to locate in MU-LI and perhaps other manufacturing districts. It is important to understand that only certain Nonstore Retailers belong in industrial districts. This depends entirely on the land use impacts associated with any particular Nonstore Retailer: i.e., what use they make of space and how this affects other nearby businesses and residents. Beyond Play LLC is a Nonstore retailer that sells educational products for special needs children and takes orders over the Internet and by a toll-free phone number. It is located in Berkeley at an office at 1442A Walnut Street where orders are taken and new products are designed and commissioned. The order fulfillment activity (i.e., shipping and receiving) occurs elsewhere. This particular Nonstore retailer is appropriately located in an office Nonstore Retailers are a large and growing category of business: 61,272 establishments with sales of 291 billion dollars and employing 792,000 employees in 20072. It is important that the Zoning Ordinance allow this category of business in Berkeley industrial districts when the land use impacts are similar to a warehouse and in other districts when impacts are compatible with those districts.
2 Preliminary results from the 2007 Economic Census available at: www.census.gov.
Office of Economic Development Date: June 18, 2009 To: Planning Commissioners From: David Fogarty, Economic Development Project Coordinator Re: Proposed New Industrial Use Category: Product Development Product Development in the Physical, Engineering and Life Sciences (NAICS 54171)
This industry comprises establishments primarily engaged in conducting research and experimental development in the physical, engineering, or life sciences, such as agriculture, electronics, environmental, biology, botany, biotechnology, computers, chemistry, food, fisheries, forests, geology, health, mathematics, medicine, oceanography, pharmacy, physics, veterinary, and other allied subjects.
Some, but not all, of the businesses that are classified in this industry are appropriately located in manufacturing buildings or warehouses in the industrial districts. Those that belong there are engaged in “product development”: i.e., are developing a prototype for a product that could later be produced on a serial basis (“manufactured”). In most cases, the engineers or scientists need space for equipment, tools, and measuring devices for experimental purposes. Equipment may need to be moved in and out of the building, which means access to a loading dock. However, the scientists and engineers also need office space in close proximity to the space used for experimentation, testing and assembly. One firm engaged in product development, sent us this description of its space requirements:
Hi Dave, Here is my description of a space for a technology development company with 25 – 50 employees: 5000-6000 sq/ft 3000 sq ft office space (for cubicles) preferably in two or three areas. 2000 sq ft industrial space for Mill, lathe, assembly, testing etc.. 3 phase power in industrial space 2 Conference rooms in office space Roll-up (large) door access to industrial space Please let me know if you have any other questions.
Thanks, Nathan
This firm would be appropriately located in an industrial building or a warehouse in West Berkeley. Planning staff might already allow this firm to locate in an industrial building as a “light manufacturer.” However, it seems worthwhile to create a new Use Category for Product Development” to clarify any ambiguity. Firms engaged in Product Development should be allowed to locate in industrial buildings with a Zoning Certificate.
