File #: 2016-2812   
Type: Regular Agenda Item
Body: City Council
On agenda: 5/3/2016
Title: Public Hearing to Consider Adoption of Resolution Upholding Planning Board Resolution No. PB-16-10 Approving Design Review, Density Bonus, Density Bonus Waiver and Parking Exceptions Application for Construction of a Three-Story Mixed-Use Development including Nine Residential For-Sale Units and 4,700 Square Feet of Ground Floor Retail at 1435 Webster Street (APN74-427-5-1). [The project is categorically exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332, In-Fill Development Projects.] (Community Development 481005)
Attachments: 1. Exhibit 1 - Project Plans Approved by the Planning Board, 2. Exhibit 2 - Approved Planning Board Resolution, 3. Exhibit 3 - Call for Review from Mayor Spencer, 4. Ordinance, 5. External Correspondence, 6. External Correspondence 2, 7. Presentation

Title

 

Public Hearing to Consider Adoption of Resolution Upholding Planning Board Resolution No. PB-16-10  Approving Design Review, Density Bonus, Density Bonus Waiver and Parking Exceptions Application for Construction of a Three-Story Mixed-Use Development including Nine Residential For-Sale Units and 4,700 Square Feet of Ground Floor Retail at 1435 Webster Street (APN74-427-5-1).  [The project is categorically exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332, In-Fill Development Projects.] (Community Development 481005)

Body

 

To: Honorable Mayor and Members of the City Council

 

From: Jill Keimach, City Manager

 

Re: Public Hearing to Consider Adoption of a Resolution Upholding Planning Board Resolution No. PB-16-10  Approving Design Review, Density Bonus, Density Bonus Waiver and Parking Exceptions application for Construction of a Three-Story Mixed-Use Development including Nine Residential For-Sale Units and 4,700 square feet of Ground Floor Retail at 1435 Webster Street (APN74-427-5-1).  [The project is categorically exempt from further review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15332, In-Fill Development Projects.] (Community Development 481005)

 

BACKGROUND

 

The project applicant, Mr. Andrew Goldberg of Dannan Development began working with the Webster Street Business Association (WABA), its design committee, and the Alameda Architectural Preservation Society (AAPS) over two years ago to develop an appropriate project for the property at 1435 Webster Street.  

 

Over the past year, Mr. Goldberg has been working with City staff to refine and improve the proposed project to comply with all General Plan, Zoning Ordinance, and Design Review Manual requirements and guidelines.  The proposed project includes a three-story mixed-use, transit oriented development.  The proposed building consists of nine (9) residential units (including two affordable units), 4,700 square feet of ground floor commercial space facing Webster Street, and 18 off-street parking spaces behind the building and one new on-street public parking space on Taylor Street.

 

On February 22, 2016 the Planning Board held a public hearing on the project and endorsed the overall project mix of uses, height, density bonus application, and parking plan.  At the meeting, the Board provided a number of suggestions to make final improvements to the architectural details for the building.

 

On March 28, 2016, the Planning Board held a second public hearing to review the design changes and conditionally approve the project.  The approved Project Plans are included as Exhibit 1.

 

On March 28, 2016, Mayor Spencer submitted a call for review of the Planning Board’s decision to approve the subject project on 1435 Webster Street. (Exhibit 3).

 

DISCUSSION

 

General Plan Conformance:

 

The proposed project at 1435 Webster Street implements the following General Plan objectives and policies: 

 

2.4.e                     Expand housing opportunities for households of all income groups.

The proposed nine units of housing would include two (2) deed-restricted moderate-income, approximately 1,100 square foot, two-bedroom, two-bath units; six (6) market-rate, 1,100 to 1,350 square foot, two-bedroom, two-bath flats, and one (1) market-rate, 1,925 square foot, two-story, three-bedroom, two-bath flat. 

2.5.i                     Support, encourage and foster new retail development to serve the West End of Alameda.

The proposal includes 4,700 square feet of new Webster Street-facing retail space.

3.3.h. Regulate development in the Park Street and Webster Street business districts to encourage two-and three-story buildings extending to the front and side property lines, with entrances directly facing the sidewalk, and parking in the rear. 

The proposal is a three-story building that extends to the front and side property lines with entrances facing the sidewalk and parking in the rear.

2.5.m                     Implement the 2005 Webster Street Strategic Plan.

The 2005 Webster Street Business District Strategic Plan includes a series of retail development, marketing, parking, and public improvement recommendations which serves as a guide for the revitalization of Webster Street.  The 2005 Webster Street Business District Strategic Plan led to the creation of the Webster Street Vision 2010.  As part of the Webster Street Vision 2010, West Alameda Business Association (WABA) members and other stakeholders identified several fundamental concerns, including redevelopment of underutilized property.  On page 29, the Vision Plan describes the subject property as follows:

“The best new infill opportunity is the Taylor Parking lot.  The Taylor site presents an excellent opportunity to replace an open site in the traditional main street section of Webster.  This private property is an ideal size to accommodate ground floor retail uses with housing above.  Surface parking would be in the rear, screened from view.” 

 

The Webster Street Vision document prepared by Urban Design Associates (UDA) provides an illustrative example of two stories of residential over retail for the Taylor Parking lot site. The proposed project includes two stories of residential over ground floor retail. 

 

Zoning Conformance: 

 

The subject site is zoned C-C Community Commercial District (Section 30-4.9.A.b.).  Ground floor retail uses with residential uses on the upper stories are a permitted  use in the C-C Community Commercial District (Section 30-4.9.A.b.).

 

The maximum allowable height in the C-C District on Webster Street is three (3) stories, not to exceed forty (40’) feet.  The proposed development meets the requirement.  Although a maximum height of 42 feet is shown, the Municipal Code, Section 30-5.8 Height Exceptions, allows for architectural features to rise above the height limit. The two feet of decorative cap is in keeping with this Municipal Code section. 

 

Section 30-4.9.A.g. specifies the required building setbacks in the C-C District.  There are no building setbacks for the front, side or rear yards, except where the side or rear yards abut residential uses.  In these instances the setback is five feet.  The distance to the residential neighbor on Taylor Avenue is approximately 52 feet.  The building setback requirements are therefore met. 

 

Density Bonus and Waivers: 

 

The existing zoning designation for the property allows for up to seven residential units, one of which must be deed-restricted to a moderate-income household.  Dannan Development has submitted a Density Bonus Application, including a base plan, which shows compliance with the various aspects of the Density Bonus application, as specified in Section 30-17.4 of the Municipal Code, and as allowed under California Government Code 65915.  Under Section 30-16.4 Inclusionary Housing of the Municipal Code, the applicant would be required to offer one moderate-income unit as part of a seven-unit project.  The applicant is proposing two-moderate income units.  Offering two moderate-income units qualifies the project for a 24% density bonus, or two additional market rate units, for a total of nine units. 

 

The proposed affordable units make the project eligible for development standard waivers under California Government Code 65915 and City of Alameda Municipal Code Section 3-17.  Dannan Development has requested a waiver from Alameda Municipal Code Section 30-53 Prohibition on Multifamily Housing to accommodate the additional two bonus units on the site.  The base plan shows a seven-unit project that meets all of the zoning requirements and respects the multifamily building prohibition.  A waiver of the multifamily prohibition is necessary to allow the nine units to physically fit on the site. 

 

Furthermore, developing the site as a series of duplexes and single units in separate buildings would not be architecturally consistent with the historic character of Webster Street, with its continuous pedestrian friendly ground floor commercial spaces and residential and office uses above, nor would it be consistent with General Plan City Design Element policy 3.3.h described above. Furthermore, the Webster Street Design Manual states:  “Maintain continuous street wall.  Avoid separation between structures.”

 

Additionally, constructing three or four separate buildings would severely limit the flexibility of the retail spaces, by restricting them to the footprint of the individual buildings.  In contrast, having a single building allows the developer to offer potential tenants flexible sizing to suit their needs.

 

Moreover, granting the requested waiver, and the parking waiver discussed below, would not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5, upon health safety, or physical environment.  Finally, the required development standard waiver would not be contrary to state or federal law.  

 

Parking: 

 

To serve the nine housing units and 4,700 square feet of commercial space, the project includes 18 off-street parking spaces behind the building.  Seven on-street public metered parking spaces currently exist in front of the property on Webster Street and Taylor Street.  As a result of the project, an additional on-street public parking space will be created.  The 18 spaces will be leased separately to the tenants in both the retail space and residential units. 

 

In addition to the 18 parking spaces, the project will provide 20 annual AC Transit Passes for distribution to the residents of the residential units and/or employees of the ground floor retail spaces.  Webster Street is a major public transit corridor, with six AC transit bus routes directly serving the project site or within one block.  The project CC&R’s will require annual funding and distribution of the 20 transit passes among project tenants.

 

With 18 spaces, the project is three spaces short of the parking requirement for the project pursuant to the Alameda Parking Code, Section 30-7.   Section 30-7 does permit the Planning Board to approve the three space reduction if the project is designed to include transportation demand management strategies, such as the transit passes, to reduce on-site parking demand.    

 

Pursuant to California Government Code 65915, the City cannot reduce the number of units granted under the density bonus ordinance in response to neighbor concerns about on-street parking availability, unless the Council can make the finding that the project will result in health or safety impacts.  Parking convenience is not a health or safety impact.

 

Architectural Design:

 

The architectural design of the project is consistent with the Citywide Design Manual and Webster Street Design Manual.  Examples of relevant Design Manual guidelines, include:  

 

                     “Building widths shall reflect traditional lot sizes. Emphasize narrower, individual lot widths on facades if the building is located on assembled lots.

                     Break up facades into smaller sections by design elements to mitigate the impact of a wide building. Use vertical articulation of architectural elements to reference adjacent building widths.

                     Limit building height to two or three stories. Use taller buildings to anchor corners and lower buildings mid-block.

                     For multi-story buildings, differentiate the ground floor architecturally from the upper floors to create a visual base for the building.

                     Emphasize verticality by using vertical windows on upper floors.

                     On corner sites, provide prominent corner entrances, wrap-around windows, turrets, and other distinctive elements to emphasize the location and provide visual interest.

                     Place a parapet in front of a flat roof.

                     Use cornices or similar moldings at the tops of building facades to clear articulate the top of the building.

                     Maintain continuous street wall.  Avoid separation between structures.

                     Do not setback, unless for important street-oriented activities such as: areas of intense outdoor activity (e.g. sidewalk cafes) or entrances to alley ways, pedestrian thoroughfares, and important pedestrian entrances to buildings.”    

 

Universal Design:  The project is conditioned to ensure that each of the nine units will include:

 

                     Accessible route of travel to dwelling unit from public sidewalk to the unit’s primary entrance or an easily adaptable route.

                     Accessible route of travel from garage/parking to the unit’s primary entrance.

                     Minimum 32” clear primary entry doorway and a “no step entry” (1/2” or less threshold) with dual peephole and doorbell

                     All exterior/interior doors shall meet Chapter 11a. code required maneuvering clearances, hardware, thresholds, and strike side clearances

                     An accessible route of travel with a minimum 42” wide hallway to all bedrooms, living rooms, kitchens, and bathrooms. 

                     Light switches, electrical receptacles, and environmental controls at accessible heights on the primary accessible floor

                     Rocker light switches throughout entire unit

                     Minimum required work/floor clearance of 30”x48” in front of stove, refrigerator, dishwasher, sink, and oven

                     Accessible countertops with a 30” wide workspace

                     Under-cabinet lighting

                     At least one full bathroom on accessible route of travel, with separate shower stall and toilet with grab bar reinforcement for potential retrofit

                     Bathroom with removable base cabinets

                     Lower towel racks and robe hooks

                     Accessible toilet tissue holder

 

Conclusion:

 

Upon review of the application, staff finds that:

 

o                     The project is consistent with the General Plan, the 2005 Webster Street Strategic Plan and the 2010 Webster Street Vision Plan.

o                     The project is consistent with the C-C Community Commercial Zoning District (Section 30-4.9.A.b.) regulations for the site.

o                     The project is consistent with the Inclusionary Housing Ordinance (Section 30-16) and the Density Bonus Ordinance (Section 30-17), the project qualifies for a two unit density bonus for a total of nine units, including two moderate-income units, and the project qualifies for a waiver from AMC 30-52 Multifamily Housing Prohibited. 

o                     The parking plan is in conformance with Section 30-7 Off-street Parking which allows the Planning Board to approve the 18-space parking plan on the condition that the project will be providing AC Transit passes to project tenants and the project is located on a major transit corridor in Alameda.

o                     The architectural design, as conditioned, is consistent with the Design Review ordinance and the Citywide Design Manual and Webster Street Design Manual.

FINANCIAL IMPACT

 

There is no direct impact to the General Fund on an action to approve or deny this use permit request.

 

MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE

 

The proposed project is consistent with the City of Alameda General Plan and Zoning Ordinance. 

ENVIRONMENTAL REVIEW

 

This project is determined to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15322 - In-Fill Development Projects. 

RECOMMENDATION

Hold a public hearing to adopt a resolution upholding the Planning Board’s decision to affirm CEQA determination and approve Design Review, Density Bonus Wavier and Exceptions for Permit application PLN15-0536.

 

Respectfully submitted,

Debbie Potter, Community Development Director

By,

Andrew Thomas, Assistant Community Development Director

 

Financial Impact section reviewed,

Elena Adair, Finance Director

 

Exhibits: 

1.                     Project Plans approved by the Planning Board

2.                     Approved Planning Board Resolution

3.                     Call for Review from Mayor Spencer