File #: 2016-3445   
Type: Regular Agenda Item
Body: Planning Board
On agenda: 10/10/2016
Title: Planning Board Study Session to consider Draft Universal Design Ordinance
Attachments: 1. Exhibit 1 - September Draft Universal Design Ordinance, 2. Item 7-D Public Comment

Title

 

                     Planning Board Study Session to consider Draft Universal Design Ordinance

 

 

Body

 

To:                                          Honorable President and

                                          Members of the Planning Board

 

From:                                          Andrew Thomas, Assistant Community Development Director

                                                               

Re:                                          Planning Board Study Session to consider Draft Universal Design Ordinance

 

BACKGROUND

 

Under State of California law, the City of Alameda should be ensuring that Alameda’s planning and development policies and regulations provide for the full range and type of housing needed to accommodate Alameda's diverse population, including seniors, those living with disabilities, including mobility issues, and lower-income households.

 

Adopting a Universal Design Ordinance has been identified as a Housing Element implementation priority since 2012. The 2015-2023 City of Alameda Housing Element, which was certified by the State of California Department of Housing and Community Development (HCD), includes a statement of goals, policies and action programs to improve the availability and types of housing in Alameda to address the community’s diverse housing needs.   Housing Element Goal #2 reads:  “Provide housing that meets the City’s diverse housing needs, specifically including affordable housing, special needs housing, and senior housing.  To implement Goal #2, the Housing Element includes Policy HE-4 “Encourage and support residential opportunities for senior citizens, including senior housing projects, multifamily housing projects with accessible and small housing units, assisted living projects, and in-law projects” and Program 4.2 “Consider amendments to the Zoning Ordinance to require universal design elements in all new housing projects of five or more units.”

 

In July 2016, staff circulated a draft Universal Design Ordinance.  In August, staff met with a Joint Subcommittee of the Planning Board and the Commission on Disability Issues (CDI) to review the July Draft Universal Design Ordinance.   At the September 12, 2016 Planning Board meeting, the full Board reviewed and commented on the July draft Universal Design Ordinance. On October 4, 2016, the Joint Subcommittee will be meeting to review the September draft of Universal Design Ordinance. 

 

The September 20, 2016 Draft is attached as Exhibit 1.

 

DISCUSSION

 

The following bullets provide a summary of the primary features and requirements of the September Draft Universal Design Ordinance:

 

                     Comprehensive: The draft ordinance is designed to ensure that all future residential development in Alameda addresses the needs of those with mobility issues, seniors aging in place, and people with disabilities. The draft Alameda ordinance establishes mandatory requirements for all new residential units. 

 

                     Unique: The draft ordinance is unlike any ordinance adopted by any other California city.  Most California cities have not adopted universal design ordinances.  A few cities have adopted the State’s model ordinance, which simply requires developers of large subdivisions to offer certain universal features to their prospective buyers at the buyer’s expense. The model ordinance does not require that units be constructed with any universal design features unless the buyer specifically requests the features and pays for them. 

 

                     Purpose and Findings: The ordinance includes a comprehensive purpose section and extensive findings to support the need for the universal design features required by the ordinance.  

 

                     Exemptions: All new residential units constructed in Alameda are subject to the draft ordinance with two exceptions: residential additions and remodels and new units in existing buildings.

 

                     Definitions: The ordinance includes a list of definitions that defines specific features of a residential unit. The definitions reference Chapter 11.A of the California Building Code, which is the chapter of Building Code that establishes standards for housing accessibility. 

 

                     100% Requirements: Section 18.5 “Visitability” requires that every new residential dwelling unit must be designed with the following features to enhance the ability of a residential dwelling unit to meet the basic needs of all residents and guests to enter and use critical portions of the home, to the greatest extent possible: 1) an accessible exterior access, 2) an accessible primary entry, 3) an accessible internal access from the primary entrance to an accessible bathroom and an accessible common use area or bedroom, and 4) adaptable internal stairwells.

 

Staff continues to evaluate the cost and design implications of Section 18.5 “Visibility”.  Creating a “step free” or “no step” entry to every new home in Alameda will change how single-family homes and townhomes have traditionally been designed in Alameda.  A typical Alameda home has steps leading up to its front door.  Section 18.5 effectively prohibits steps up to the front door.   The first floor of a typical Alameda home is generally a few feet above the level of the sidewalk, which provides a degree of privacy in the front rooms.  Section 18.5 would generally reduce the difference in elevation between the sidewalk and the front rooms.  From a cost perspective, Section 18.5 may result in additional grading and construction costs as developers are required to balance water drainage issues with universal design considerations.  For townhome developers, Section 18.5 may result in the need for a larger footprint for each home, since townhomes typically do not have a common room on the ground floor.   Cost to the developer is a concern, because these higher costs will result in higher home prices.  Home prices are already extremely high in Alameda.    

 

                     Additional Universal Design Requirements: Section 18.6 “Universal Design”  requires that thirty percent (30%) of all new single-family detached dwelling units, 30% of all multifamily dwelling units, and ten percent (10%) of all attached townhome dwelling units in a residential development of five (5) or more single- family detached residential units or stacked flat residential units shall include the following  universal design features in addition to the features required by Section 18.5: An accessible interior access from the primary entrance to an accessible kitchen, accessible bedroom, accessible common use area, and laundry facilities. 

 

Staff continues to evaluate the cost implications of this section as well. In particular, staff is considering the cost implications of requiring all of the living spaces on the ground floor in 10% of all new townhomes.   Staff believes it will be extremely difficult and/or expensive to build a townhome with a kitchen, a bathroom, a bedroom, and a living room all on the ground floor or with an elevator to the second floor. 

 

At this time, staff is requesting Planning Board thoughts and suggestions for the two critical sections of the draft Ordinance:  Section 18.5 “VisitAbility” and Section 18.6 “Universal Design”. In the meantime, staff is circulating the draft ordinance to the State of California HCD, the City of Alameda Housing Authority, and local non-profit and for-profit developers and builders, and the Building Industry Association,  for their input and suggestions. 

 

ENVIRONMENTAL REVIEW

 

A Universal Design Ordinance will implement action programs within the City of Alameda General Plan Housing Element, which was approved by the City Council in July 2014.  The environmental impacts of adoption and implementation of the Housing Element were evaluated and disclosed at the time of the adoption of the Housing Element.  No further environmental review is required.    

 

RECOMMENDATION

 

This item is a study session and no action is required. 

 

Respectfully submitted,

 

 

Andrew Thomas

Assistant Community Development Director

 

Exhibit 1:  September Draft Universal Design Ordinance