Title
Public Hearing to Consider Introduction of Ordinance Amending Alameda Municipal Code Chapter 30 (Zoning Ordinance) to Streamline Design Review for Small Residential Additions, Window Replacements, and Green Roofs, Update Work/Live Ordinance Requirements, Update Lot Line Adjustment Procedures, and Make Other Miscellaneous Administrative, Technical, and Clarifying Amendments, as Recommended by the Planning Board. (Planning and Building 481005)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
In April 2019, the City Council directed the Planning Board and staff to identify measures that reduce housing costs while furthering climate protection goals. The Planning Board recommends adoption of an ordinance that would exempt small additions, window replacements, including energy-efficient upgrades, and installation of green roofs from Design Review. Additionally, the Planning Board recommends revisions to the Work/Live Ordinance and the Lot Line Adjustment regulations to strengthen existing requirements and provide clarity and internal consistency.
BACKGROUND
On April 16, 2019, the City Council accepted an Annual Report on the status of the General Plan and Housing Element and directed staff to find ways to reduce housing costs, make home improvements more affordable, and fight climate change. The subject zoning text amendments are intended to streamline Planning review to reduce permit processing time and cost for homeowners. These amendments also address the climate crisis by facilitating energy-efficient window upgrades and installation of green/vegetated roofs. The Planning Board also recommends amendments to the Work/Live studio regulations to expand opportunities in all commercial areas as well as strengthen the regulations to prevent misuse in ways consistent with the building code. The ordinance also includes the first update to the City of Alameda’s (City) Lot Line Adjustment regulations in 30 years, which would update these regulations to reflect best practices.
The Planning Board held public hearings on July 8 (staff report <https://alameda.legistar.com/LegislationDetail.aspx?ID=3997707&GUID=D39DDF54-7B8B-4FC0-8690-B395541CD272&FullText=1>) and September 9, 2019 (staff report <https://alameda.legistar.com/LegislationDetail.aspx?ID=4120473&GUID=58C60ADE-41BD-40A3-95C9-42D35B518ACD&FullText=1>), and unanimously recommended that the City Council approve the proposed amendments described below and included in the Ordinance.
DISCUSSION
Design Review Amendments
The following Design Review ordinance amendments were recommended by the Planning Board to streamline and improve the permitting process for minor home improvements. As a result of these amendments, the City’s homeowners will experience streamlined review and less expensive permitting requirements, without jeopardizing the quality of the residential buildings or the City’s authority to prevent inappropriate design changes to the building stock.
The proposed amendments would:
1. Exempt from Design Review all window replacements. This exemption would require that the window replacement does not alter a character defining feature of a listed historic resource. Energy-efficient window upgrades would fall under this exemption. Currently, window replacements facing the street, including energy-efficient upgrades, require Design Review and public noticing.
2. Exempt from Design Review small additions. This exemption would require the addition be single-story, under 1,200 square feet in size, and located in the back yard. Such additions would still be reviewed for compliance with all zoning and residential design standards, but would not require public notice or a public hearing. Currently, additions over 220 square feet require Design Review while accessory dwelling units up to 1,200 square feet are exempt under state law. This amendment would synchronize the two regulations.
3. Exempt from Design Review green or vegetated roof installations. This exemption would require that there are no modifications to the roof pitch or roof form. This exemption would not apply to historical buildings where the roof is often an important architectural feature. Currently, the zoning regulations are silent with regard to green or vegetated roof features and therefore default to Design Review and its extensive public process.
4. Add a definition of Street Side Yard. This is a phrase that is frequently used in the zoning regulations but has never had a formal definition. This amendment is not a substantial change as it simply memorializes historical interpretation.
Work/Live Ordinance Amendments
The Planning Board recommends several changes to the Work/Live regulations (Alameda Municipal Code (AMC) Section 30-15) to facilitate and encourage development of more Work/Live studios in the City. The recommended changes are informed by:
• The Climate Action and Resiliency Plan, which identifies telecommuting and working from home as one of the most effective strategies for reducing greenhouse gas emissions in the City;
• Consistent survey responses from City residents and business owners who identify commute hour traffic congestion as one of the single biggest problems affecting quality of life in the City;
• The Economic Development Strategic Plan, which identifies providing additional small commercial spaces, creating space for the arts, and building housing as important economic development strategies for the City; and
• The finding that in almost 20 years, less than 100 Work/Live studios have been approved in the City under the existing ordinance.
The proposed amendments would:
1. Reinforce Work/Live Studios as Commercial Spaces. Work/Live studios are commercial spaces, not residential units. The existing language references residential density standards for Work/Live studios, which leads to misinterpretation of these studios as residential units. The proposed amendment would delete the residential density standards and add new language that ties Work/Live studios to commercial construction standards under the Building Code.
2. Broaden opportunities for Work/Live Studios. The amendment broadens the applicability of the Work/Live studios to all existing commercial, manufacturing and mixed use zoning districts. The restriction on Work/Live studios to existing buildings will also be eliminated.
3. Reduce minimum size to 500 square feet. The existing ordinance requires all studios to be at least 1,000 square feet in size. Many small businesses including computer-based businesses, design and architectural studios, start-ups, and single employee businesses may not need a minimum of 1,000 square feet of space to reside in and operate their businesses. The revisions reduce the minimum studio size requirement to 500 square feet.
4. Clarify the amount of allowable living area. The existing ordinance states that the living space of a Work/Live studio should be no more than 30% of the total space or 400 feet, whichever is greater. It is important that the living space remain accessory or incidental to the primary commercial function of the space. This amendment clarifies the provision to state that the living portion cannot be more than 30% or 400 square feet, whichever is less. Small studios will need to have small living areas. This change in the text is also necessary to meet minimum standards under the building code for living area. Other requirements in the existing ordinance prevent misuse of Work/Live studios as residential units.
5. Revise parking requirements. The amendment would change the minimum standard of 1.5 spaces per studio to a maximum standard of 1.5 spaces per studio. In recent years, the City has attempted to reduce vehicle miles travelled and associated greenhouse gas emissions. The City has found that an over-supply of parking spaces provides a disincentive to use of transit, bicycle, or pedestrian modes of travel and is counterproductive to reducing the community’s reliance on the automobile. Therefore, imposing a parking maximum standard is a way to encourage alternative modes of travel. This amendment follows the same strategy in the Alameda Point zoning district where a parking maximum is already in place.
6. Eliminate restrictions on retail use and employees. The existing ordinance discourages and restricts retail commercial in Work/Live studios and places a limit on the number of employees. The revisions eliminate those restrictions consistent with the City’s economic development goal to increase job opportunities.
Lot Line Adjustment Amendments
A lot line adjustment is a ministerial 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. Currently, the AMC requires 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 Planning Board recommends 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.
ALTERNATIVES
• Approve proposed amendments to the Zoning Ordinance to streamline design review for small residential additions, window replacements, and green roofs, update Work/Live Ordinance requirements, update lot line adjustment procedures, and make other miscellaneous administrative, technical, and clarifying amendments, as recommended by the Planning Board.
• Each set of amendments to the AMC in the Ordinance is independent of the others and can stand on its own. The City Council may choose to adopt only certain sets of amendments, or make no amendments to the Zoning Ordinance.
FINANCIAL IMPACT
There is no financial impact to the General Fund to adopt an ordinance amending Chapter 30 of the Alameda Municipal Code (Zoning Ordinance) to streamline permitting for residential property improvements, update the Work/Live and Lot Line Adjustment regulations, and make other minor administrative, technical, and clarifying amendments.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The proposed amendments to the Zoning Ordinance are consistent with the General Plan, Alameda Municipal Code, Transportation Choices Plan, and State law.
ENVIRONMENTAL REVIEW
Adoption of this Ordinance is exempt from the review under CEQA pursuant to the following, each a separate and independent basis: 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 Section 15183, projects consistent with a community plan, general plan or zoning.
CLIMATE IMPACTS
The Ordinance is consistent with the Climate Action and Resiliency Plan. The proposed Design Review exemptions would streamline the permitting process for energy-efficient window upgrades and green roofs, and encourage alternative modes of travel.
RECOMMENDATION
Introduce an ordinance amending Alameda Municipal Code Chapter 30 Development Regulations to: 1) streamline Design Review for small building additions, windows and green roofs, 2) update Work/Live Ordinance requirements, 3) update Lot Line Adjustment procedures, and make other miscellaneous administrative, technical, and clarifying amendments.
CITY MANAGER RECOMMENDATION
The City Manager recommends introduction of the Ordinance amending Alameda Municipal Code Chapter 30 Development Regulations.
Respectfully submitted,
Andrew Thomas, Planning, Building and Transportation Director
By,
Allen Tai, City Planner
Financial Impact section reviewed,
Elena Adair, Finance Director
cc: Eric Levitt, City Manager