HomeMy WebLinkAbout2001-03-05 City CouncilCity of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
SUBJECT:
CITY MANAGER
MARCH 5, 2001
DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
CMR:155:01
ZONING ORDINANCE UPDATE: ISSUES IDENTIFICATION
This is an informational report to update the City Council regarding the progress of the
Zoning Ordinance Update (Update), particularly the issues identification phase. No
Council action is required.
DISCUSSION
Staff has spent considerable time compiling an initial inventory of issues to be addressed
in the Update. The basis for the inventory was the 55 programs and policies identified in
the Comprehensive Plan to be implemented as part of the (then) future Update program.
Staff also sought input from the public at three community forums and through
newspaper advertisements, and continues to seek input through a dedicated website on
the City’s web page (www.city.pal0-alto.ca.us/zoning/). Staff discussed the Update
program with the Architectural Review Board, Historic Resources Board, and other
department staff members to identify their concerns with the current Zoning Ordinance.
Two focus groups (one primarily focused on residential and the other on non-residential
development) were also convened to discuss the Zoning Ordinance from the perspective
of the development community.
The result of this effort is a list of over 460 comments regarding the current Zoning
Ordinance. Staff has prepared a summary list containing 102 items (Attachment B)
which combines similar issues and categorizes them for Council information. The more
extensive list is maintained on a database and will continue to be expanded as new issues
are identified. While the issues list and associated outreach effort are an important aspect
of the Update effort, the issues list should be reviewed within the larger context of the
Update work program, which includes the systematic analysis, with Planning and
Transportation Commission oversight and Council direction, of the Zoning Ordinance
(e.g., review of use classifications, alternate zoning code models such as performance
based and integrated development codes).
CMR:155:01 Page 1 of 3
On December 13, 2000, the Planning and Transportation Commission (Commissirn)
reviewed staff’s list of. initial issues. In its comments, the Commission strongly
emphasized the need to limit the scope of the Update, with the goal of developing a short,
systematic, clearly written, and flexible Zoning Code that reflects the .community’s
values. Commissioners Bonnie Packer and Owen Byrd were identified as liaisons to the
City Council for the Update program.
Based on the Commission’s direction, staff expects the Update to address those ordinance
issues identified in the summary list in the following categories: Format and
Organization, Uses and Districts, Development Standards, Procedures, Nonconforming
Uses and Noncomplying Structures, and Definitions.
Several of the programs identified in the Comprehensive Plan will be included in a work
program(s) subsequent to the initial two-year effort. These programs include 1)
development of design guidelines, 2) preparation of area-specific Zoning studies, and 3)
substantive rezoning of parcels from one classification to another. These programs
would either be premature in advance of adopting a revised code, or would require such
intensive geographically focused study that the progress of the Zoning Ordinance update
would be substantially compromised.
The issues identified were, for the most part, consistent with those in the Comprehensive
Plan or already included in the work program. However, there were a number of issues
raised that staff believes are outside the scope of a zoning ordinance update, such as
issues related to growth management, infrastructure and impact fees, traffic calming, the
administration of the development review process, and code enforcement. They are
included at the end of the initial issues list summary as "supplemental issues" and will be
independently reviewed by Planning management staff.
Staff is currently researching, a wide array of publications and other zoning codes to
collect and review information regarding zoning ordinance techniques and formats. A
copy of the zoning library catalog is attached (Attachment C). Council and Commission
members and other interested persons are encouraged to contact staff to review or request
copies of any of the available literature.
Staff has developed matrices for all current uses and development standards by zone
district, is currently compiling data on the acreage and number of parcels by zone district,
and is reviewing interpretation logs and variance requests, and other relevant background
information. A history of the Palo Alto Zoning Ordinance is also being developed, to
assist staff and public officials in understanding the context for the current Code
provisions. The initial topic areas for analysis include format and organization of the
ordinance, and analysis of uses and zone districts. Staff anticipates seeking the assistance
of community members, former Commission and Council members and staff as part of
this effort. This material will be presented as part of the next scheduled Planning and
Transportation Commission study session.
CMR:155:01 Page 2 of 3
Staff also expects that one or more workshops or seminars with consultants will be
scheduled in that time frame to provide additional perspectives on those issues. :To
provide a framework for these initial discussions, the firm of Crawford, Multari, and
Clark prepared a "white paper", "Updating the Zoning Ordinance -Issues and
Considerations" (Attachment D). The paper introduces many of the topics that will be
analyzed over the coming months. For many years, Mr. Crawford has taught a class on
updating zoning ordinances through the University of California Extension program.
Staff is discussing with Mr. Crawford an abbreviated and focused version of this class as
part of the Update program.
.ATTACHMENTS
Attachment A: Issues Identification Diagram
Attachment B: Summary of Initial Issues List
Attachment C: Zoning Library Catalog
Attachment D: Zoning "White Paper" (Crawford Multari & Clark)
PREPARED BY:Curtis Williams, Contract Planner
Joan Taylor, Planning Manager
DEPARTMENT HEAD REVIEW:
G. EDWARD GA~
Director of Planning and Community Environment
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
cc:Planning and Transportation Commission
Architectural Review Board
Historic Resources Board
CMR:155:01 Page 3 of 3
Attachment A
ZONING ORDINANCE UPDATE
ISSUES IDENTIFICATION
::::::::::::::::::::::::::::::::::::::::
::::::::::::::::::::::::::::::::::::
:" :’ : SUPPLEMEntAl ISSUES: ":::
Attachment. B
o ¯¯¯
0
Attachment C
Zoning Ordinance Update Library Catalog
Title
Subtitle
Copyright Year
City of Bitytown, TX
Zoning Ordinance
Author(s) ¯
Duncan Associates (Coiasultants)
Title
Subtitle
City of Calabasas, CA
Land Use & Development Code
Copyright Year
Title
Subtitle
Copyright Year
Author(s)
Crawford Multad Clark & Mohr (Consultants)
City of Chico, CA
Land Use & Development Regulations
Author(s)
Craighead Paula M. (E.d.)
Title
Subtitle
City of Clovis, NM
Zoning Ordinance
Copyright Year
Wednesday, February 28, 2001
Author(s)
Lane Kendig (Consultant)
Page I of ll
Title City of Davis, CA
Subtitle Zohing Ovdinance
Copyright Year
Title:
Subtitle.
Author(s)
Sedway Consulting (Consultant)
City of Fort Worth, TX
Zoning Ordinance
Copyright Year
Author(s)
Duncan Associates (Consultants)
Title City of Jacksonville, FL
Subtitle . Zoning Code
Copyright Year
Author(s)
Duncan Associates (Consultants)
Title City of Novato, CA
Subtitle Zoning Ordinance
Copyright Year
Author(s)
Crawford Multari Clark & Mohr (Consultants)
Wednesday, February 28, 2001 Page 2 of 1"1
Title
Subtitle
City of San Buenaventura, CA
Zoning Regulations
Copyright Year
Author(s)
Sedway Consulting (Consultant)
Title
Subtitle
City of South San Francisco, CA
Zoning Ordinances
Copyright Year
Title
Subtitle
Author(s)
Sedway Consulting (Consultant)
City of Tuscon, AZ
Land Use Code
Copyright Year
Title
Subtitle
Copyright Year
Author(s)
Dyett & Bhatia (Consultants)
County of Marin, CA
Zoning Code
Author(s)
Crawford Multari Clark & Mohr (Consultants)
¯ Wednesday, February 28, 2001 Page 3 of I 1
Title
Subtitle
City of Mountain view, CA
Zoning Ordinance (PreIbninary Draft).
Copyright }’ear
Title
Sttbtitle
Author(s)
Crawford Multari & Starr (Consultants)
City of Menlo Park
Zoning Ordinance
Copyright Year
Author(s)
Unknown
Title
Subtitle
Copyright Year
Sustainable Communities
A New Design Synthesis for Cities, Suburbs and Towns
1986
Author(s)
Calthorpe Peter
Van tier Ryn Sim
Title
Subtitle
State Property Rights Laws
The bnpacts of Those Laws on MyLand
Copyright Year 1999
Author(s)
dacobs Hawey M.
Wednesday, February 28, 2001 Page 4 of l l
Title
Subtitle
California Env’ironmental Law and Land Use Practice
Chapters 60 (Zoning) and 62 (Planning)
Copyright Year
Title
Subtitle
2000
Author(s)
Manaster
Selmi
Kenneth A.
Daniel P.
Guide to the California Environmental Quality Act ( C
1999 (Tenth Edition)
Copyright Year 1999
.Author(s)
Remy
Thomas
Moose
Manley
Michael H.
Tina A.
James G.
Whitman F.
Title
Subtitle.
2000 Zoning and Planning Law Handbook
Copyright Year 2000
Author(s)
Mans Deborah (Ed.)
Title
Subtitle
Journal of the Atnerican Planning Association
Volume 67; Number 1; Winter 2001
Copyright Year
Author(s)
Wednesday, February 28, 2001 Page 5 of 11
Abbott Cad (Ed.)
Adler Sy (Ed.)
Howe Deborah FAICP (Ed.)
Title
Subtitle
New Illustrated Book of Development Definitions
Copyright Year 1993
Author(s)
Moskowitz
Lindbloom
Harvey S.
Cad G.
Title
Subtitle
Franklin Covey Style Guide
For Business and Technical Communication
Copyright Year 1997
Author(s)
Freeman Lawrence H.
.Title
Subtitle
Sign Regulations (2 copies)
For Small and Midsize Communities
Copyright Year 1989
Author(s)
Meshenberg
Raso
Michael J.
Gary J.
Wedn’esday: February 28, 2001 Page 6 of ll
Title
Subtitle
City of Tucson, AZ
Design Guidelines Manual
Copyright Year
Title
Subtitle
1999
Auihor(s)
The Planning Center (Consultant)
City of San Jose
Commercial Design G=iidelines
Copyright Year
Title
,Subtitle
Author(s) "
City of San Jose
City of San Jose
Residential Design Guidelines
Copyright Year
Title
Subtitle
Author(s)
City of San Jose
Design Review
Copyright Year 1995
Author(s)
Hinshaw Mark L.
Wednesday, FebruaO’ 28, 2001 Page 7 of 11
Title
Subtitle
Copyright Year
Hidden Design in Land Use Ordinances
Assessing the Visual bnpa~t of Dimensions Used for
Town Planning In Maine Landscapes
1991
Author(s)
Craighead Paula M. (Ed.)
¯Title
Subtitle
Copyright Year
.Visions for a New American Dream
Process, Principles, and an Ordinance to Plan and
Design Small Communities
1994
Author(s)
Nelessen Anton Clarence
Title
Subtitle
Glossary of Zoning Development, and Planning Terms
Copyright Year 1999
Author(s)
Dolnick
Davidson
Fay (Ed.)
Michael (Ed.)
Title
Subtitle
Copyright Year
Incentive Zonihg (2 copies)
Meeting Urban Design and Affordable Housing
Objectives
2000
Author(s)
Morris Marya
Wednesday, February 28, 2001 Page 8 of l l
Title
Subtitle
Preparing a Conventional Zoning Ordinance (2 copies.
Copyright Year 1995
Author(s)
Lerable Charles A.
Title
Subtitle
Survey of Zoning Definitions (3 .copies)
Copyright Year
Title
Subtitle
1989
Author(s)
Burrows Tracy (Ed.)
Designing and Imple~nenting Effective.Zoning Ordinan
UCLA Extension--public Policy Program
Copyright Year 1998
Author(s)
Crawford
Jacobson
Pflugrath
Paul AICP
Bruce
Ron AICP
Title
Subtitle
New Standards for Nonresidential Uses
Copyright ’Year 1987
Author(s)
Kendig Lane
Wednesday, February 28, 2001 Page 9 of 11
Title
Subtitle
Industrial Performance Standards for a New Century
Copyright Year 1993
Author(s)
Schwab Jim
Title
Subtitle
Enforcing Zoning & Land-Use Controls
Copyright Year 1988
Author(s)
Kelly Edc Damian
Title
Subtitle
Languageof Zoning, The
A Glossary of Words and Phrases
Copyright Year 1976
Author(s)
. Meshenberg MichaelJ.
Title
Snbtitle
Planning Commission, The
Its Composition and Function, 1987
Copyrigh.t Year 1987
Author(s)
Getzels
Sanders
Judith
Welford
Wednesday, February 28, 2001 Page I 0 of 11
Title
Subtitle
Administration of Flexible Zonng Techniques
Copyright Year 1976
Author(s)
Meshenberg Michael J.
Wednesday, February 28, 2001 Page 11 of ll
Attachment D
Updating the Zoning Ordinance - Issues and Considerations
By Paul Crawford, AICP, and Susan Clark, AICP
December 4, 2000
Introduction
California law makes the general plan (comprehensive plan) the centerpiece of each
community’s planning program, but the zoning ordinance is, in many ways, a more significant
determinant of community form and character. The general plan is intended to provide broad-
brush guidance for how and where the community will accommodate physical growth and
change. Even though California cities have included ever increasing detail in their general
plan policies and standards over the past 20 years, general plans remain conceptual in
comparison with the tools used to implement their direction. Implementation tools include
specific plans, zoning and subdivision ordinances, and capital improvement programs; but
zoning ordinances have more day-to-day effect on the built environment than all of the other
implementation tools.
As the primary tool for general plan implementation, zoning ordinances are comprehensive
"cookbooks" for day-to-day development decisions within each community. They expand on
the information in general plan maps and text by providing parcel-specific regulations for the
location of different land uses and detailed specifications for the site planning and design of
proposed development.
This paper provides an overview of the typical components of zoning ordinances. It also
introduces some of the issues that are useful to consider when updating a zoning ordinance.
I. Zoning Ordinance Components
A zoning ordinance regulates development through its five major components. These include:
a zoning map that divides the community into separate zoning districts; a list of the types of
land uses that may be allowed in each zoning district; standards for site planning and
development; rules and procedures for obtaining City approval for development and new land
uses; and rules for zoning ordinance administration, including establishing the authority for
decision-making, interpretations, and enforcement. Each component is described below.
Zoning map
The zoning map divides the community into separate zoning districts established by the zoning
ordinance text, consistent with the land use diagram of the-general plan. Zoning districts and
general plan land use categories typically segregate land uses by type, such as residential,
commercial, and industrial. City zoning ordinances and their maps often have several different
residential, commercial, and industrial zoning districts, as well as others serving special
purposes (for example, Public Facilities or Open Space). The distinctions between different
zoning districts in the same major category (such as residential) are usually.that different types
of land uses are allowed. (For instance, apartments are not allowed in a single-family
residential zone, but are allowed in multi-family residential.) The zoning map is important
because it shows where in the community different zoning requirements apply to specific
parcels; but the requirements themselves are found in the zoning ordinance .text.
Over the past 20 years, urban communities have become increasingly aware that the standard
zoning practice of rigidly segregating land uses by type can have undesirable ~ide effects.
Primary among those effects are residents and workers dependency on the automobile for
transportation. Segregated zoning has produced cities that are not "walkable," and are also too
dispersed to support economically viable transit. In response, many cities have updated their
general plans and zoning ordinances with increased emphasis on opportunities for mixed-use
development combining commercial and residential uses. They have also provided for higher
densities in residential areas near downtowns and other commercial districts, to make it easier
for people to walk for convenience shopping, other errands and, where possible, employment.
Other responses to this problem include those being pursued by the New Urbanists, who
recommend an entirely different approach to regulating the distribution of land uses. Rather
than using single-use zoning districts as the "regulatory. geography" of a city, the New
Urbanists instead divide a community into "neighborhoods," "districts," and "corridors."
Neighborhoods are always mixed-use, contain activity centers of civic and commercial uses,
public gathering spaces, such as squares or greens, and also contain a range of residential
densities to provide a wider range of housing choices than typical monolithic subdivisions of
single-family homes. Districts generally focus on specific interrelated activities such as
entertainment centers, downtowns, or manufacturing areas. Corridors are the connections
between the neighborhoods and districts and may emphasize commercial or residential
activities, but are also intended to be mixed-use. Actual land uses are regulated not by use
type, but by the type, mass, and form of the buildings. This approach to regulating
development has been most often used in new towns and other large-scale developments on
vacant land. It can be difficult and complicated to apply the New Urbanist approach to an
existing built community and its full realization will only occur over time as infill and
redevelopment occur. However, all aspects of New Urbanism canbe useful to consider in any
zoning ordinance update.
Zoning districts, allowable land uses and permit requirements
The zoning ordinance provisions that determine how individual parcels may be used include
three key parts. First, the purpose and intent of each mapped zoning district is described,
including the categories of land use that are appropriate, and how each zoning district relates
to the land use designations of the general plan. Zoning ordinances then list, in detail, the land
uses that may be allowed within each zoning district. Finally, these "allowable use" lists note
the type of.City approval required to establish each use. The purpose of these lists is to
classify and identify the activities the community desires in each zoning district, and by
exclusion, the uses the community does not want. The zoning district designations and the
land use lists together implement the vision of the general plan for each area of the City.
Land uses are normally listed as "permitted" if they reflect the primary purposes of the zoning
district, and if their 9ossible adverse effects can be mitigated by the development standards
2
of the zoning ordinance. Permitted uses are typically allowed without the need for any City
approvals other than building, grading, or other construction permits, although design review
may also be required for certain permitted uses in cities with a design review process.
Other uses that may be appropriate in a zoning district are listed as "conditional." Conditional
uses may be compatible with, and supportive of, the permitted uses and the overall intent of
the zoning district. They are not simply "permitted" because the severity or undesirability of
their possible side effects (e.g., traffic, size, hours of operation, noise, etc.) may vary according
to the location and characteristics of the site and the nature of surrounding land uses.
Therefore, conditional uses cannot be assumed to be appropriate on any given site without
some public, discretionary review to verify "compatibility" and the ability for the City to hold
the development accountable for its potential adverse impacts through required compliance
with conditions of project approval. This review is typically through a conditional use permit,
or other similar discretionary review and approval process.
Defining zoning districts, the land uses allowed within them, and the type of City approval
required for each use is one of the most important tasks in a zoning ordinance update. The
mixture of land uses allowed in each zone will affect community form and character, and how
different activities in a city relate to one another. The types of commercial uses allowed, or
not allowed, will also affect the economy. The designation ofsome uses as permitted and
others as conditional will determine the extent to which the public may be involved in the
City’s decisions on individual development projects. It will also determine the workload of
the decision-making bodies, and the amount of time required for a developer to find whether
the City will approve, deny, or require modifications to a proposed project.
Development standards
All zoning ordinances establish development standards that determine the allowable location
on a parcel and size of proposed structures, in addition to regulating many other aspects of
development project planning, design and operation. Zoning ordinances contain three types
of development standards, zone-specific standards, use-specific standards, and general
standards that apply to a variety of land usesin different zones.
Zone-specific standards establish the scale and character of development unique to each
zoning district. These standards can address a wide variety of project location and design
details, but the most common zone-specific standards include setback requirements, height
limits, site coverage and floor area ratio restrictions, and residential density limitations.
Setback requirements determine the distance, if any, by which certain structures must be
separated from the street, other property lines, and/or other structures. Height limits specify
the maximum allowed height of new structures, identify how the allowed height must be
measured (e.g., from the curb in front of the site, from the highest point on the lot, across the
entire lot in an imaginary plane parallel to the surface of the lot, etc.), and sometimes provide
for exceptions to the height limit for architectural features such as chimneys, towers, steeples,
and certain roof-mounted equipment. Site coverage requirements specify the maximum.
percentage of the site area that may be covered by structures (and in some cities, by structures
and pavement). Floor area ratio (FAR) standards determine how much floor area a building
may have in relation to the area of the site (for example, a FAR requirement of 0.50 would
allow a 10,000 square foot site to be developed with a 5,000 square foot building (10,000 x
0.50 = 5,000), provided that the building also satisfies any applicable height limit, setback, site
coverage, and other zoning ordinance requirements such as parking). Residential density
requirements determine the number of housing units that may be developed on a site based on
its size.
Use-specific standards apply to the development and operation of particular land uses that are
known to have the potential for similar adverse effects regardless of their location. The most
common use-specific standards found in zoning ordinances address: adult entertainment
businesses, animal keeping, bed and breakfast inns, day care facilities, drive-in and drive
through facilities, home occupations, outdoor uses (such as merchandise display and sales, and
storage), service stations, and wireless telecommunications facilities. Each city is likely to
have other specific land uses that have proven problematic in the past, for which the
community would like to see more effective control. The substance of use-specific standards
can range from the same issues addressed by zone-specific standards (for example, requiring
a large landscaped setback for office parks that supercedes the minimum front setback required
by the zoning districts), to limitations on hours of operation, or detailed standards for the site
layout and facilities associated with a particular use. An example of the latter can be found
in zoning ordinances that provide standards for multi-family projects, such as the minimum
area of private outdoor space for each unit, and/or the minimum area of common outdoor
space based on the total number of units.
General development standards are those that apply to avariety of land uses in different zones.
They include such topics as off-street parking and loading requirements, sign regulations,
landscaping requirements, hillside development standards, tree removal regulations, affordable
housing requirements and incentives, and other topics.
Zoning ordinance updates often include both subtle refinements and wholesale revisions to
their development standards. The objectives of these changes are typically to ensure that new
development is a good "fit" with surrounding land uses and the community, and to work
toward positive shifts in the character of particular areas of the community. An example of
the latter are revisions to zoning standards to provide for greater pedestrian orientation in
commercial and residential areas, or to respond to economic changes that have caused
unexpected Shifts in demand for certain uses, such as a proliferation of offices occupying
ground floor space in retail areas,
4
Permitting and development review procedures
The permitting and development review procedures within a zoning ordinance include
provisions for the preparation~ filing, processing, and evaluation of land use permit
applications by City staff. The procedures then provide criteria for the approval or denial of
the permit applications by the assigned decision-making body (for example, a planning
commission or zoning administrator). These procedures usually address each type of land use
approval separately, with individual chapters or sections on conditional use permits, variances,
and design review.
There are a number of variations among cities, in how specific types of approvals are handled.
For example, some cities have both "use permits," and "minor use permits." The difference
between the two is typically that a use permit is subject to a public hearing, while a minor use
permit is "heard," and approved or denied by a City staff person designated as "zoning
administrator." Some cities use a similar arrangement for variances (variances and minor
variances).
The "minor" version of the use permit is provided for situations where the City has determined
that a particular type of land use needs discretionary review, but that the issues an individual
project will raise are likely to be not significant or complicated enough to warrant a public
hearing or existing policies are well established. Otherwise, the minor use permit process is
identical to the use permit in terms of public notice, a hearing, and the extent of discretion that
may be exercised in the decision. The advantage of this approach is for cities that are
interested in streamlining their land use permit review process. The capability for a zoning
administrator to review and act upon some discretionary land use permit applications can shift
workload from an overloaded commission or City Council and provide for greater flexibility
in the scheduling of public hearings on the "minor" applications.
Rules for zoning ordinance administration
The last major component of a zoning ordinance (other than a glossary containing definitions
of the technical terms, and phrases used in the ordinance) is a series of rules for the
administration of the zoning ordinance. These provisions include procedures for public
hearings and appeals, zoning ordinance interpretations, property rezonings and amendments
to the zoning ordinance text, zoning ordinance enforcement, and regulations for
nonconformities. With the exception of nonconformities, the substance of these provisions
is significantly influenced by State law requirements, and tends to be similar in different cities.
Regulations for nonconformities play a unique role in zoning ordinances. Nonconformities
are land uses and structures legally established and/or constructed in compliance with the
zoning ordinance requirements that applied at the time, but would not be allowed in the same
way (or in some cases, at all) by the current zoning ordinance. Depending on the preferences
of a city, regulations for nonconformities either: allow them to continue indefinitely as long
as they are not changed, and until they are voluntarily removed or discontinued by the property
owner; do not allow them to be re-established after involuntary destruction; require them to
be phased out over some specified period of time; or a combination of all of the above.
Because any change to the allowable uses or development standards of a zoning ordinance can
create nonconformities, proposed zoning ordinance changes should also be evaluated to ensure
that these effects are understood. Then, the regulations for nonconformitiescan be adjusted
as needed to either relax or maximize the effect of the changes on existing.uses.
Other issues, other solutions
A~ noted above, a zoning ordinance is one tool for general plan implementation, and it is not
necessarily the most effective vehicle to address all issues of development. Some particular
development and growth-related concerns are more often dealt with through separate
documents and/or local ordinances placed in sections of a municipal code other than those
related to zoning. These typically include design guidelines, growth management regulations,
development impact fees, and others.
II. Zoning Ordinance Update Issues
Primary concerns
The most important goal for a zoning ordinance update should be for the document to become
as effective as possible in helping the community obtain the type and .quality of development
desired. The zoning ordinance should accomplish this goal by effectively implementing the
general plan, satisfying State mandates, and efficiently guiding day-to-day development
decisions through clear expression of the City’s expectations for development.
The scope of substantive changes in a zoning ordinance update should be determined through
several means. Input should be obtained from zoning ordinance users, including staff,
decision-makers, clients of the City’s development review process, and the general public. A
thorough, multi-part analysis should then examine the various aspects of the zoning ordinance.
One part of the analysis should review the current zoning ordinance in relation to the policies
of the general plan, and determine whether all applicable plan policies are effectively
addressed by zoning ordinance provisions. The analysis should also review current zoning
ordinance provisions along with a variety of built development projects that are regarded by
the community as desirable and successful .results of the City’s review .process; and, at the
same time, other projects and uses that are generally seen as undesirable, .no longer
appropriate, or otherwise problematic.
After determining how well the existing requirements are working, whether new land use
regulatory issues have emerged in the community that are not addressed by existing
requirements and need new standards, and what procedures need to be changed, augmented,
or discarded, the actual revision work can begin. A variety of resources can then be drawn
upon to provide source material for revisions. These include reviewing the zoning ordinance
provisions of other communities, using zoning and land use consultants with experience in
drafting standards to address issues that have not been addressed by other communities, and
taking advantage of insights and inputs from City staff on how to address land use regulatory
issues in ways that will work within the community’S social and political framework.
Usability issues
A zoning ordinance update should also focus on document usability. It is important that
zoning information be readily accessible and understandable to all users. The following are
some important format and content features that zoni~ig documents should include to improve
ease of use.
Logical organization - The table of contents and the intemal structure of chapters should
be organized to reflect the sequence in which ordinance users most commonly need to find
specific information. For example, the fact that many existing ordinances place their
"Definitions" at the beginning of the document would appear to suggest that users will
routinely read the definitions before any other portion of the ordinance, which in fact
rarely occurs.
While keeping the definitions at the front of a zoning ordinance makes sense if
maintaining the ~ame format in all segments of a municipal code is considered important,
a primary question to ask in deciding how to organize a zoning ordinance is "Where will
users most intuitively expect to find specific information?" People working with zoning
documents tend to be interested in first finding whether particular land uses are allowed
in particular zones, then the regulations and standards that apply to the design and
development of a use, and finally the details of the required approval process. The.
ordinance should be organized to reflect these procedural sequences and the order in which
decisions about the applicability of provisions must be made.
Clear language and readability - Zoning documents must be clearly written, avoiding
ambiguity, jargon and lengthy narrative, and use the simplest terms possible to describe
the requirements. Regulations should be consolidated into easy-to-understand tables,
whenever possible. Overall, the format should employ effective graphic design and page
layout techniques to enhance readability.
Navigation tools - Zoning ordinance users need to be able to easily find their way around
in the ordinance, and readily identify the ordinance provisions that apply to their project
or otherwise affect their interests. Therefore, a zoning ordinance should include, ’ at
minimum, the following "navigation" tools.
Informative table of contents. Chapter and section titles should be descriptive, as in
"Standards for Specific Land Uses" rather than an ambiguous "General Provisions,"
so that the table of contents can be easily scanned to identify provisions of interest.
Cross-references. While reviewing regulations on a particular topic, ordinance users
must be made aware of other related regulations that may affect their interests. A
zoning ordinance should include cross-references to its other relevant provisions, as
well as references to potentially-applicable regulations (e.g., building, environmental;
grading, subdivision, etc.) in other portions of the municipal code, where appropriate.
Headers and footers. Each page of.the zoning ordinance should provide headers
and/or footers that identify the first section number on the page, and the section title,
to allow easy browsing.
Extensive use of graphics - An ordinance should use graphics to assist in illustrating the
applicability and/or effect of regulations wherever illustration can improve understanding.
¯Formal procedure for interpretations - The administration of zoning documents
inevitably involves the need for interpreting their provisions, where the applicability or
effect of a particular requirement may become uncertain because of a situation that was
not anticipated when the ordinance was drafted. These situations often include new land
uses that did not exist when the ordinance was prepared (e.g., video game arcades in the
case of ordinances drafted in the 1960s). A zoning document must clearly define the
authority for interpretations, include a formal procedure, and provide a definitive means
for incorporating into the ordinance through amendment, or otherwise ensuring they will
be effectively recorded for future retrieval and use.
Simplified permitting procedures - An ordinance should employ the least complicated
permitting procedures possible, consistent with State law requirements and the need to
ensure effective project review and proper implementation of the general plan.
Discretionary permits may not be necessary if clear development or performance standards
can effectively address all community concerns about a particular land use through a
ministerial permit process.
Organization to accommodate changes - Ordinance chapters and sections should be
organized and numbered to accommodate amendments without the need for extensive
renumbering of existing sections. The initial drafting of the ordinance should anticipate
the need for additional regulatory topics in the future, and provide space in the numbering
system for their later inclusion.
Paul Crawford, AICP, and Susan Clark, AICP, are with Crawford Multari & Clark
Associates, consultants in planning, resource management, and public policy, based in San
Luis Obispo, California.
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