Title
Study Session to Consider Draft Citywide Universal Design Ordinance Requirements and Standards
Body
BACKGROUND
Adopting a Universal Design Ordinance has been an important priority of the City since 2012, and the adoption of a Universal Design Ordinance is listed as a priority program in the City of Alameda Housing Element of the General Plan. In May 2016, the Planning Board established a joint subcommittee with the Commission on Disability Issues (CDI) to assist staff with the preparation of the draft Ordinance. Throughout the second half of 2016, staff has been working with the subcommittee to refine and improve the draft Ordinance. The subcommittee meetings have been particularly helpful to staff in the preparation of the draft Ordinance (Exhibit 1). At this time, staff requests that the full Planning Board and the public review and comment on the current draft Ordinance.
Staff is not requesting or recommending any final action at this time.
ANALYSIS
Exhibit 1 includes the most current draft of new Alameda Municipal Code (AMC) Section 30-18 Universal Design Ordinance. The major provisions of the Ordinance include the following:
Section 18.1 - Purpose describes the purposes of the Ordinance. Additionally, the draft Resolution includes findings for the future adoption of a Universal Design Ordinance. These findings document and enumerate the public need for these land use regulations.
Section 18.2 - Definitions provides definitions for specific terms that are unique to this Ordinance. Any relevant terms that are already defined in AMC 30-1 Definitions are not included in Section 18.2.
Section 18.3 - Scope and Application states that the Ordinance applies to all new housing units developed in Alameda, with the following specific exceptions:
• Rehabilitation or expansion of existing units (e.g. second story additions, rear yard additions, kitchen remodels), and
• New units added to an existing building, (e.g. adaptive reuse of historic buildings, addition of accessory unit within a single family home, etc.)
Section 18.4- New Construction Requirements is the heart of the Ordinance. This section provides for the following:
“The 100% Requirement”. (Section 18.4.a) Every new unit built in Alameda should be “visitable” by a visitor with mobility issues and provide for “the basic needs of a wide range of guests to enter and use critical portions of the home, to the greatest extent possible.” Section 18.4.a requires that a visitor can get to the front door, get though the front door, access a bedroom or common visiting area, access a ground floor open space, and use the bathroom without having to negotiate stairs. The other bedrooms and bathrooms, the kitchen, and all other spaces within the home can be on upper levels accessed by stairs.
Note: It should be noted that Section 18.4.a. will:
• Eliminate the raised front porch from Alameda’s future housing stock and will require changes to the City of Alameda Residential Design Guidelines which encourages stoops and raised front porches on new homes, which are typical of Alameda’s Victorians and Craftsman Bungalows. Stairs leading up to the front door of a new home would no longer be permitted under the proposed “100% Requirement”.
• Eliminate the “walk-up” from Alameda’s future housing stock. Almost every existing residential unit above Webster Street and Park Street commercial buildings is accessed by a staircase leading to a front door at the sidewalk. Additionally, the new affordable housing project under construction at Alameda Landing includes two-story townhomes on the second and third floors which are accessed from a staircase leading up to the unit from the front door on the street. Stairs leading from a front door on the street up to a dwelling unit on the second or third floor would no longer be permitted under the proposed “100% Requirement”.
• Generally require slightly larger lots for all townhomes, since all townhomes will be required to have a bathroom and a bedroom or sitting area on the ground floor in addition to the typical garage and staircase leading upstairs to the primary living areas.
“The 30% Requirement”. (Section 18.4.b) Any project with five or more units must meet the “30% requirement”, which states that 30% of the units must include specific features to ensure that the units are “usable by the greatest number of people with the widest reasonable range of abilities or disabilities, to the greatest extent feasible.” Therefore 30% of the units must have all the 100% features, and an accessible route of travel from the front door to an accessible kitchen, an accessible bedroom, an accessible common area, and an accessible laundry facility. Additional bedrooms and bathrooms may be provided on an upper level accessed by stairs.
Note: It should be noted that Section 18.4.b. will:
• Enable a developer to propose a project with a mix of single-family units, townhomes and multifamily units and meet the entire 30% requirement in the multifamily units, provided at least 30% of the units are in multifamily buildings.
• Effectively eliminate future projects that are 100% townhomes because it is extremely difficult to meet the 30% requirements in a townhome building type.
“The Model Home Requirement”. (Section 18.4.c) Any project that includes an on-site sales office must also provide a “menu” of additional features that the buyer of the unit may choose to purchase to make his/her home more accommodating of a personal disability. The “menu” shall be created and presented to the Planning Board concurrently with the discretionary permits for the project.
Section 18.5a - Waivers provides the Planning Board with the ability to approve waivers to the requirements of the Ordinance if:
• The requested waiver is necessary to enable a design solution for the proposed residential unit or units to meet the findings for Design Review approval.
• The requested waiver is necessary to facilitate the development of a residential project with affordable housing units or has been submitted pursuant to Section 30-17 Density Bonus Ordinance.
• The requested waiver is necessary to avoid an undue hardship caused by topographical conditions on the site; the size of the site; and/or other site constraints; and/or legal constraints.
• The requested waiver is necessary to avoid a conflict with State or Federal regulations.
In response to the subcommittee’s request, staff added a list “optional” items (Section 18.5.b) that applicants might consider incorporating, but that are not required by the Ordinance. These items may also be used as part of a request for a waiver. If an applicant is requesting a waiver or reduction of one of the Ordinance requirements, the applicant might offer to compensate for the waiver by installing items from the “optional list”.
Note: It should be noted that State Density Bonus law enables a developer to request a waiver of the Universal Design Ordinance if the provision of the Ordinance make it physically difficult to fit the total number of units on the site or if the added requirements make it financially difficult to provide for affordable housing.
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
Review and comment on the current draft Ordinance (Exhibit 1). No action is requested at this time.
Respectfully submitted,
Andrew Thomas
Assistant Community Development Director
Exhibits:
1. Draft Ordinance