Title
Final Passage of Ordinance Amending Alameda Municipal Code Chapter XXX (Zoning Ordinance) regarding the Residential Private and Common Open Space Requirements to Allow Greater Variety of Residential Open Space Types and Amenities Subject to Design Review Approval. [The proposed amendment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations.] (Community Development 209)
Body
CITY OF ALAMEDA ORDINANCE No.________
New Series
Amending Chapter XXX of the Alameda Municipal Code (Zoning Ordinance) to ALLOW SITE-SPECIFIC OPEN SPACE PLANS FOR RESIDENTIAL DEVELOPMENT SUBJECT TO DESIGN review APPROVAL
BE IT ORDAINED by the City Council of the City of Alameda:
Findings.
In enacting this Section, the City Council finds as follows:
1. The amendment maintains the integrity of the General Plan. The proposed amendment to the Zoning Ordinance related to useable open space design is consistent with the City of Alameda’s General Plan. General Plan Policy 6.1.d states that the City should promote the development and retention of open space in private development to compensate for the shortage of public open space. The residential zoning districts require that useable open space be distributed into specific configurations of private and common open space. The private open space for ground floor units must be fenced off while upper units must provide balconies. These requirements can be restrictive for residential projects such as affordable housing that may need flexibility to provide outdoor open space as community areas for all of their tenants. Furthermore, the expense of constructing private balconies in order to meet Zoning Ordinance requirements could further restrict community amenities for the tenants. The proposed Zoning Text Amendment allows developers to provide open space designs that best meet the needs of their tenants while still meeting the total useable open space minimum requirements of the Zoning Ordinance. The proposal is consistent with General Plan Policy 6.1.d because it encourages private developers to create more community open space and amenities for their tenants to help compensate for the lack of public open space and parks. The amendment is also consistent with similar open space requirements currently implemented in the North Park Street District. The North Park Street District only requires a minimum amount of useable open space for projects, and does not specify minimum totals for common and private open space.
2. The amendment will support the general welfare of the community. The proposed amendment to the Zoning Ordinance to allow for more flexible open space distribution is consistent with the City of Alameda’s goals, policies and programs. The amendment will help Alameda meet the objectives specified in General Plan Policy 6.1.d by allowing private developers to provide more community open space and amenities to compensate for the shortage in public open space and parks available in the City. Therefore, the proposed zoning text amendment will enhance the general welfare of the Alameda community.
3. The amendment is equitable. The proposed amendment is equitable in that it allows flexibility of open space design for all residential development subject to Design Review approval. The amendment matches the same open space requirements currently implemented in the North Park Street District.
4. The amendment is exempt from the California Environmental Quality Act. The proposed amendment is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305 Minor Alterations in Land Use Limitations.
Section 1. Section 30-5.12 Definition of Required Open Space shall be amended as follows:
Add subsection 30-5.12.c
c. Exemption to Allow Redistribution of Private and Common Open Space. In exception to the common and private open space provisions of this section, residential development subject to open space standards of this section may be approved with more or less private or common open space provided the following findings can be made as part of Design Review: 1) the design meets the amount of total useable open space required, 2) the combination of private open space and common open space provides a better open space plan for the residents of the site and/or a better architectural design for the building, and 3) the open space plan includes provisions for long-term maintenance and upkeep of the open space, including but not limited to, a maintenance agreement, service contract or other guarantee.
_____________________________
Presiding Officer of the City Council
Attest:
_____________________
Lara Weisiger, City Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 18th day of September, 2018, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th day of September, 2018.
______________________
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
______________________
Janet C. Kern, City Attorney
City of Alameda