Agenda - Planning Commission - 02/01/2018

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Why Can't We Make Zoning Simpler? By Lee D. Einsweiler Zoning is perhaps the most important tool cities and counties have at their disposal to control the form and character of new development. The trouble is that many cur- rent zoning codes frustrate efforts to build projects that appear consistent with the local vision for community growth and change. They include impediments and barri- ers, such as restrictive use lists, lot area, and setback standards that do not match the underlying pattern of development, density restrictions, and other controls on housing choice that generate exclusionary commu- nities, and onerous processes that do not improve the quality of development. Zoning often cannot keep pace with new ideas in the marketplace. For example, many ordinances do not adequately accom- modate alternative energy facilities such as solar and wind energy systems, trending commercial uses such as cat cafes or doggie day care, or tactical urban projects such as temporary pop -ups, right-of-way encroach- ments, and installations. Zoning has accreted over time, like oysters layering on top of their predeces- sors. In 1946, Los Angeles was regulated by a 96-page Zoning Code, while today's code has swollen to more than 800 pages. And the current effort (titled re:code LA) will likely expand that page count, for reasons dis- cussed further below. We know better. At least we should. So why can'twe make zoning simpler and remove these impediments and barriers? The following material will cover a bit of history to ground us all in how we got here, followed by a discussion of current ongoing efforts to simplify zoning. Some guiding principles for rethinking our reform efforts are provided, along with a series of techniques worth con- sidering as your community heads toward the simplification of its zoning. HOW DID ZONING GET SO COMPLICATED? Zoning began with two key purposes: (a) ensuring nearby uses were not harmful to each other and (z) managing building bulk to improve public health. This led to Euclidean zoning, with its focus on separation of uses (often to the extent that zoning is found to be exclusionary). It also set the tone for today's form -based codes (beginning with the early zoth century ziggurat skyscrapers generated by New York City's zoning). Early Complications As communities began to adopt zoning, the simple systems for separating residential, commercial, and industrial areas began to splinter into more and more districts. These new districts were often established to differentiate the character across the com- munity —more types of residential areas were identified, separating building types like apartments from single-family homes (which later became a mechanism that has generated serious equity issues in many communities). As the forms of residential were split up, so to, the types of commercial areas were separated (often based on scale). Individual uses were relegated to specific locations in the community, and the combi- nations of use and form began to multiply the total number of districts established. The expansion of the total available zoning districts and uses was complemented by the expansion of the uses to which zoning was applied. Specifically, aesthetics became a more significant issue, and zoning began to specify far more detailed design stan- dards for new development. Processes for review started to vary by zoning district or project type as well, further complicating the original concept. In the 195os and'6os, in an effort to move away from these strict systems, the concept of planned unit development (allowing fora master plan approved by the legislative body) grew in importance. The master plan was a vehicle that could serve communities well by allowing flexibility to mix uses and housing types•once again. The separation and bulk regulations of Euclidean zoning could be modified through the master planning process. It was also touted as a way to reduce the impact on the environment through design that took existing character of the land into account. Unfortunately, in many cases, the city councils and county commissions were not well informed on planning or environmental issues, and these master planned communities often were vast areas of a single housing type surrounding a golf course. The addition of the PUD tool rarely led to elimination of any existing dis- tricts —it simply added to the zoning palette. Many communities tried to pin down the master plan's flexibility by adding point systems that required the applicant to earn their development rights through sound planning. While this was a sensible response to a potential excess of flexibility available to applicants, it complicated the planning process. These point systems have since fallen by the wayside in most communities, although some landscaping point systems continue to function to this day. By the 197os, Lane Kendig's perfor- mance zoning (in which external impacts caused by a use were the focus of regula- tion) had become the flavor of the day. One lasting legacy of his work was the concept of landscape buffers, to be established between uses based on the degree of incompatibility. In some communities, this was extended to the extreme of buffering "like from like" (placing landscape buffers around all multifamily projects, for instance, even where they abutted another multifam- ily development. Full-blown performance systems like Bucks County, Pennsylvania's, were rare, since implementing them often involved a significant understanding of math and engineering, not the typical planner's strongest subjects. These efforts were focused on curing ills created by prior efforts. Today, most codes hybridize these elements, using a combination of tools where they fit best. However, it's fair to say that none of these techniques has ever really managed to sim- plify zoning over the last too years. CURRENT APPROACHES TO SIMPLIFICATION The trend toward new approaches continues - today. There are a variety of potential con- tenders —all suggesting they offer the path to simplification and ease of use. Form -Based Codes Today's most common zoning innovation is the form -based code, our latest silver bullet, ZONINGPRACTICE 1.18 AMERICAN PLANNING ASSOCIATION [page z