File #: 2018-5863 (10 minutes)   
Type: Regular Agenda Item
Body: City Council
On agenda: 9/4/2018
Title: Public Hearing to Consider Introduction 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)
Attachments: 1. Exhibit 1 - July 9, 2018 Planning Board Staff Report, 2. Correspondence, 3. Ordinance, 4. Staff Submittal

Title

 

Public Hearing to Consider Introduction 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

 

To: Honorable Mayor and Members of the City Council

 

From: David L. Rudat, Interim City Manager

 

EXECUTIVE SUMMARY

 

In July 2018, the Planning Board approved the Housing Authority’s Rosefield Village project.  This affordable housing project cannot proceed unless the City Council also approves a zoning text amendment to allow custom open space programming for residential projects.  The Planning Board recommends approval of the amendment in order to encourage creative open space solutions and greater variety in housing amenities.

 

BACKGROUND

 

On July 9, 2018, the Planning Board (Board) recommended that the City Council approve an amendment to the Alameda Municipal Code (AMC) Chapter XXX (Zoning Ordinance) to allow flexibility in residential open space design subject to design review approval. The Board’s recommendation came with its approval of the City of Alameda Housing Authority’s design review application for a 100% affordable housing project that will replace 40 existing residential units with a new building containing 78 units at 727 Buena Vista Avenue (Rosefield Village).  The project includes an open space plan that achieves the total open space required by the AMC, but does not provide the specific distribution of private and common open space currently mandated in the AMC. The proposed zoning text amendment would provide more flexibility for residential projects when determining private and common open space programming, subject to design review approval. The Rosefield Village project cannot proceed as approved unless the City Council amends the zoning ordinance as proposed below to permit the project-specific open space design.

 

DISCUSSION

 

Current Residential Open Space Standards

The current residential open space standards in AMC Section 30-5.12 establish a minimum amount of total “useable open space” for residential projects. The standards also require that useable open space be distributed into specific configurations of private and common open space for each dwelling unit. The amount of total open space currently required by the Zoning Ordinance is reasonable and has not been a barrier to developing residential projects.  However, the distribution of that open space into specific private and common open space configurations has been problematic during implementation, particularly for affordable housing projects. In practice, these provisions mandate that each upper floor unit have a private balcony and that each ground floor unit have a fenced-in patio. To comply with the private open space provisions, developments must reduce the amount of common, or shared, open space available to residents by fencing off patios for every ground floor unit and adding porches to the exterior of buildings. Additionally, the increased costs of providing balconies for every upper floor unit requires developers to reduce costs elsewhere in the design, resulting in less community amenities such as outdoor seating, interactive play areas, multipurpose community rooms, and exercise facilities. The Planning Board determined that the rigid requirements for balconies and patios limit creativity in open space design and can be detrimental to the quality of the open space amenities provided for the benefit of the residents. The recommended zoning text amendment will allow developers flexibility to achieve project design objectives and provide open space that better serves the needs of the residents.

General Plan Guiding Policy

The City of Alameda’s General Plan Guiding Policy 6.1.d states that the City should promote the development and retention of open space in private development to supplement public open space. In 2014, the City implemented this General Plan direction by establishing flexible open space requirements as part of the adoption of the North Park Street District. The North Park Street District establishes a minimum amount of useable open space for projects similar to other Districts in the City, but differentiates itself by not dictating how common and private open space is provided. The recommended zoning text amendment is consistent with General Plan policy because it allows flexibility to create more variety of open space and community amenities through design review. This encouragement of on-site community open space enhances the general welfare of the City by alleviating usage of the limited number of public parks in the City. It should also be noted that all design review decisions are appealable, so if there is disagreement in the future on how open space is distributed on a project, a final determination could be decided by the City Council on appeal or call-for-review. 

Recommended Zoning Text Amendment

The Planning Board and staff are recommending that the City Council amend AMC Section 30-5.12: Definition of Required Open Space to allow site-specific open space designs to be implemented in Alameda through the Design Review approval process.  Specifically, the recommendation is that AMC Section 30-5.12 be amended to include the following new subsection:

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, and 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.  

 

FINANCIAL IMPACT

 

There is no financial impact to the General Fund to adopt an ordinance amending Chapter XXX of the Alameda Municipal Code (Zoning Ordinance) to allow flexibility in residential open space design subject to design review approval.

 

MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE

 

The recommended zoning text amendment is consistent with the General Plan, Alameda Municipal Code, and State law. The amendment supports General Plan Guiding Policy 6.1.d by encouraging the development and retention of community open space in private development to compensate for the shortage of public open space. The proposed zoning text amendment revises the open space standards to provide flexibility for custom open space programming resulting in more creative architectural design and a better open space plan for residents. This approach is consistent with requirements already implemented in the North Park Street Zoning District that allow site-specific open space designs as long as the project meets the total open space required for the property.

 

ENVIRONMENTAL REVIEW

 

The proposed amendment to the Zoning Ordinance is categorically exempt under California Environmental Quality Act (CEQA) Section 15305 - Minor Amendments to Land Use Limitations.

 

RECOMMENDATION

 

Introduction of Ordinance amending the residential private and common open space requirements in Chapter XXX of the Alameda Municipal Code (Zoning Ordinance) to allow greater variety of residential open space types and amenities subject to design review approval.

 

Respectfully submitted,

Debbie Potter, Community Development Director

 

By,

Henry Dong, Planner II

 

Financial Impact section reviewed,

Elena Adair, Finance Director

 

Exhibit: 

1.                     July 9, 2018 Planning Board Staff Report