Corridor Plan for Solano, North Shattuck, Elmwood

The Corridor Zoning Update alternatives (Alternative 1/Medium Density and Alternative 2/Higher Density) are essential due to the existence of AB 2011. The local planning effort is essential because it is designed to establish the specific legal framework and objective standards that housing projects must meet to qualify for the streamlined process created by AB 2011 and other state laws.

Here is a discussion of the relationship between AB 2011 and the Corridor Plan alternatives:

1. The Corridor Plan is Necessary to Define the "Objective Standards" Required by AB 2011

AB 2011 authorizes developers to submit applications for housing developments that are a use by right and subject to streamlined, ministerial review if they meet specified objective standards and affordability and site criteria.

• Defining the Rules of the Road: The fundamental purpose of the Berkeley Corridors Zoning Update is to establish clear and objective development standards (ODS) consistent with state housing law in the target commercial zones (Solano Avenue, North Shattuck, and College Avenue).

• Replacing Discretion: Currently, much of the development in these commercial zones requires discretionary review, such as an Administrative Use Permit (AUP) or Use Permit (UP). The Corridor Plan seeks to reduce reliance on the use permit process and non-detriment findings by replacing them with the new objective standards.

• Setting the Baseline: AB 2011 provides the tool (streamlined ministerial approval), but the Corridor Plan alternatives provide the substance (the local maximum height, floor area ratio (FAR), and massing rules). A developer seeking approval under AB 2011 must comply with these local objective planning standards. If Berkeley did not adopt the Corridor Plan alternatives, projects relying on AB 2011 would default to old, low-density zoning, or face uncertainty due to a lack of defined, modern ODS, potentially hindering the production AB 2011 is intended to spur.

2. The Corridor Plan Establishes Density Targets Consistent with State Mandates

The Corridor Plan alternatives explicitly seek to increase allowable height and density along the corridors to achieve the city’s Housing Element goals and affirmatively further fair housing.

• Achieving Density: Alternative 2 (Higher Density), for instance, allows for significantly taller buildings (up to seven or eight stories with the State Density Bonus) than existing zoning. This deliberate upzoning is essential to meet Berkeley’s Regional Housing Needs Allocation (RHNA) requirements and ensure sufficient housing capacity.

• Proactive Compliance: The Corridor Plan is a proactive local mechanism to meet state goals, ensuring the zoning itself facilitates high-density projects, which in turn makes it easier for projects to qualify for streamlining under laws like AB 2011 and SB 79.

3. The Corridor Plan Allows Local Control Over Design and Community Priorities

While AB 2011 mandates ministerial approval, the Corridor Plan allows the City to retain some measure of control over the quality and character of development by embedding specific requirements in the new ODS.

• Design and Character: The Corridor Plan offers multiple choices regarding building form, such as alternatives for upper-floor stepbacks (Alternatives 1, 2, or 3) and ground floor uses (Retail Alternative 1 or 2). These choices allow the City to craft a vision that addresses community concerns about scale, massing, and pedestrian experience, and supports local businesses.

• Avoiding Waivers: By adopting an upzoning alternative (like Alternative 2) that allows developers to reach high density through local base zoning standards, developers may choose not to use the State Density Bonus Law. As a result, the City maintains control over development designs, as developers would not have access to density bonus waivers and concessions that could exempt them from crucial local requirements, such as Objective Design Standards (ODS), ground floor policies, and public open space requirements.

4. AB 2011 Has an Expiration Date

AB 2011 is not a permanent law; its provisions are scheduled to be repealed on January 1, 2033. The Corridor Plan alternatives establish permanent zoning changes (C-SP, C-SO, C-NS, C-E zones). By adopting these local alternatives, Berkeley ensures that the increased housing capacity and streamlined development standards remain in place even after the state's temporary streamlining mechanism expires.

In conclusion, AB 2011 does not render the Corridor Plan unnecessary; rather, it makes the Corridor Plan fundamentally essential. The Corridor Plan provides the local, objective zoning code that projects must adhere to in order to take advantage of the state's ministerial streamlining process offered by AB 2011. This relationship ensures that the new development is predictable, complies with state law, and aligns with local goals regarding design and scale.