Title
Public Hearing to Consider Proposed Zoning Text Amendments to the Zoning Regulations (AMC Chapter 30) to: 1) streamline Design Review for small residential additions, windows replacements, and green roofs, 2) update Work/Live Ordinance requirements, 3) update Lot Line Adjustment procedures, and other miscellaneous administrative, technical, and clarifying amendments. The proposed amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that the proposed zoning text amendments will not have a significant effect on the environment, and 15183, projects consistent with a community plan, general plan or zoning
Body
To: Honorable President and
Members of the Planning Board
From: Allen Tai
City Planner
Date: September 9, 2019
BACKGROUND
On July 8, 2019, the Planning Board held a study session and provided comments on proposed zoning text amendments pertaining to Design Review exemptions, Work/Live Ordinance, and Accessory Dwelling Units. The staff report containing background information on the proposed text amendments is available at: <https://alameda.legistar.com/LegislationDetail.aspx?ID=3997707&GUID=D39DDF54-7B8B-4FC0-8690-B395541CD272.%20%20>
Staff has prepared a draft ordinance according to Planning Board and public comments for Design Review and Work/Live. The amendments to the Accessory Dwelling Units will be brought back to the Planning Board after conclusion of the state legislative process, which will determine what amendments are necessary to the local regulations.
In addition to the Design Review exemptions and Work/Live regulations, staff is proposing minor updates to the provisions pertaining to the Lot Line Adjustment process to synchronize with modern practices as provided under the Subdivision Map Act. This update is included in the draft ordinance (Exhibit 1).
Staff recommends the Planning Board recommend to the City Council adoption of the draft ordinance for the proposed zoning text amendments. As part of the public hearing, the Planning Board may choose to recommend all or certain parts of the ordinance to the City Council.
DISCUSSION
The following summarizes Planning Board and public comments made during the study session and the corresponding revisions to the draft ordinance (Exhibit 2).
Design Review Exemptions
Small Additions Comment #1: Add an upper limit to the size of an addition exempt from Design Review.
Staff agrees with setting a maximum limit on the size of single story additions exempt from Design Review. The draft ordinance proposes a limit of 1,200-square-feet, which corresponds to the maximum size of an accessory unit that any homeowner can build without design review under State law.
Small Additions Comment #2: Clarify that additions located in the Front Yard or Street Side Yard remain subject to Design Review.
The draft ordinance now reflects that additions and improvements in the Front Yard and Street Side Yard are subject to Design Review. This is not a new requirement, but rather the existing text has been revised for better clarity. Additionally, staff proposes creating a “Street Side Yard” definition. This phrase is used elsewhere in the zoning regulations but has never had a definition. The definition would be inserted in Section 30-2, Definitions of Chapter 30.
The revised section pertaining to small additions will read as follows:
“7. Any addition or improvement that meets all of the following criteria:
A. The gross floor area of the improvement is less than two hundred twenty (220) twelve hundred (1,200) square feet, and;
B. The improvement is a one-story accessory structure or the improvement is located on the first story as defined by the Building Code, and;
C. The improvement is located in the side yard or rear yard area and not the front yard or street side yard, the improvement is in compliance with all applicable lot coverage, open space, and setback requirements of the applicable zoning district, and;
D. The improvement includes exterior materials, architectural detailing, roof pitch and design, windows, and doors that are a visual match to the existing, or if the structure or element has been previously modified, original design of the structure at the time of construction.”
The definition for Street Side Yard will read as follows:
“Yard, street side shall mean a yard extending along the street side of a corner lot from the front lot line to the rear lot line, and to a depth measured inward from the street side lot line to the nearest side line of the main building.”
Green Roofs Comment #1: Sustainable roof types should not be allowed to impact character-defining roofs on historic buildings.
Sustainable roofs include both vegetated “green” roofs and reflective “cool” roofs. Staff agrees with the comment regarding possible impact to historic buildings. The revised text reflects that the design review exemption would not apply to a green roof on a historic structure, which is defined in the AMC, as well as existing tile or slate roofs. The exemption also does not apply to situations where a green roof installation would alter the roof pitch or roof form.
Green Roofs Comment #2: Cool roofs with highly reflective materials such as white thermoplastic or stainless steel could create undesirable reflection and glare on neighboring properties.
Staff agrees. The revised text now mentions only green or vegetated roofs, which effectively excludes cool roofs from the exemption. Cool roofs along with any sustainable roof that alters the roof pitch or roof form would require Design Review prior to building permits.
The new subsection for the green roof exemption will read as follows:
“Green roofs and similarly vegetated sustainable roof features that do not involve modifications to the roof form or roof pitch, provided the subject property is not a historic structure.”
Energy-Efficient Windows Comment #1: Clarify that replacement or installation of traditional single-glazed wood windows on older -architectural buildings should still be exempt from design review.
After further consultation with the Building Official, it was determined that the simplest method to facilitate an exemption for energy-efficient windows is to simply delete criterion A. The reasoning is the current California Energy Code already provides sufficient parameters to allow energy savings in new installations, making it unnecessary to also specify it in the zoning ordinance. By deleting criterion A, any window and door would be exempt from design review, and existing criteria B and C would ensure that the new installation would match the existing character.
The revised subsection for window and doors exemption will read as follows:
“18. Window and door improvements, including new installation, removal, relocation, or resizing of existing openings, provided the improvement:
A. Is not located on a front or street side elevation.
BA. Does not alter any original or other architecturally significant character-defining features, such as stained glass, decorative arches and other special treatment.
CB. Is made of materials that outwardly have the same dimensions, proportions, details, and textures of the original architectural style of the structure and that outwardly appear unchanged from the original architectural style. If the original design of a structure and/or element is removed or altered or if the original design elements are not known, the improvement shall be consistent with the treatment of substantially altered buildings as set forth in the City of Alameda Design Review Manual.”
Work/Live Ordinance Update
Work/Live Comment #1: There is concern over eliminating the density limit for work/live units due to their impact to the existing community.
Density is a standard applied to residential development. Work/Live units are not residential units, but rather they are commercial spaces that meet the Group B commercial/industrial occupancy type (as opposed to residential occupancy) in the building code. Commercial density is governed by setbacks, building height and or Floor Area Ratio (FAR). Work/Live studios are not subject to the residential density limit in City Charter Article 26 (“Measure A”). Furthermore, the draft ordinance will limit the amount of living space in a work/live studio 30% or 400 square feet, whichever is less. Other requirements in the existing ordinance prevent misuse of work/live studios as residential units.
Work/Live Comment #2: The current ordinance attempts to cap living area to a 30% of the total Work/Live studio size or 400 square feet. For small studios, there is concern that the 30% limit would violate health and safety codes for minimum living area.
Staff consulted the Building Official for further clarification on this matter. The building code defines the smallest unit of living area as having a minimum of 150 square feet, which includes sleeping, food prep, and bath/sanitary areas (“efficiency units”). Using this standard, staff was able to establish a minimum Work/Live Studio size of 500 square feet, as 150 is 30% of 500. By establishing a minimum size of 500 square feet, this ensures that the minimum living area of a Work/Live studio will be compliant with the building code. For studios larger than 500 square feet, staff recommends retaining the 30%/400 square foot limit for maximum living space size. The minimum studio size and the maximum living area requirements together ensures a legal-sized living area for tiny studios while minimizing abuse of work/live studios as residential units.
The revised subsections pertinent to this matter will read as follows:
a. Minimum Floor Area. Each work/live studio shall include at least one thousand (1,000) five-hundred (500) square feet of gross floor area.
b. Maximum Permitted Floor Living Space Area. Not more than thirty (30%) percent or four hundred (400) square feet, whichever is greater less, of the work/live studio shall be reserved for living space as defined in Section 30-15.3. The rest of the gross floor area of each work/live studio shall be reserved and regularly used for working space.
Lot Line Adjustment Update
A lot line adjustment is a process to change existing lot lines or merge or reconfigure existing parcels while not creating any new parcels. The Subdivision Map Act governs subdivision requirements and procedures in California, including lot line adjustments. The lot line adjustment process is a ministerial process involving engineering and planning review to ensure the resulting lots comply with established standards. Alameda’s lot line adjustment provisions in AMC Section 30-82 have not been updated in 30 years.
Currently, Alameda may be the only city to require Planning Board approval of lot line adjustments. Other cities process lot line adjustment applications administratively with approvals by the City Engineer and Planning Director without a public hearing. This is primarily because hearing bodies like the Planning Board have no more discretion than the Planning Director and City Engineer when it comes to engineering and zoning standards review. The City Engineer proposes allowing lot line adjustment approvals be granted by the City Engineer and the Planning Director. The draft ordinance also includes other minor administrative updates in keeping with present-day practices.
PUBLIC NOTICE AND COMMENT
This agenda item was advertised in the Alameda Sun and public notices were posted as required by the Alameda Municipal Code. Keith McCoy of Urban Mix Development wrote in support of the proposed Work/Live Ordinance amendments on July 8, 2019. Staff also solicited comments from the Alameda Architectural Preservation Society on the Design Review Exemptions amendments. No other public comments were received by staff at the time this report was written.
ENVIRONMENTAL REVIEW
The proposed amendments are exempt from the requirements of CEQA pursuant to 15061(b)(3), where it can be seen with certainty that the proposed zoning text amendments will not have a significant effect on the environment, and 15183, projects consistent with a community plan, general plan or zoning.
RECOMMENDATION
Hold a public hearing and recommend by motion that the City Council adopt the draft ordinance approving zoning text amendments to streamline Design Review for existing homes, update Work/Live Ordinance requirements, update Lot Line Adjustment procedures, and other miscellaneous administrative, technical, and clarifying amendments.
Respectfully Submitted,
Andrew Thomas,
Planning, Building, and Transportation Director
By:
Allen Tai,
Planning Services Manager
Exhibits:
1. Draft Ordinance