Title
Review and Comment on the Request for Waiver to the 100% Visitability Requirement of the Universal Design Ordinance (Alameda Municipal Code Section 30-18) for the Alameda Marina Master Plan Project - 1815 Clement Avenue - Applicant: Alameda Marina, LLC.
Body
To: Honorable Chair and
Members of the Commission on Disability Issues
From: Allen Tai, City Planner
BACKGROUND
In 2017, the City Council adopted the Universal Design Ordinance (UDO), recommended by the Commission on Disability Issues (Commission) to require accessible accommodations in new housing construction with five or more units. The UDO allows the Planning Board to grant waivers to requirements in the UDO, provided that the request for waiver is first transmitted to the Commission for review and comment.
Currently, the developers of the Alameda Marina Master Plan project is requesting a waiver from the requirement that 100% of units meet the visitability standard. The proposed project would provide 92% of the required 100% visitable units. However, to make up for the shortfall of visitable units, 79% of all units will meet Universal Design standards when only 30% is required. Staff recommends the Commission review and comment on the proposed waiver considering the analysis provided below.
DISCUSSION
The UDO establishes two primary requirements: 100% visitability and 30% Universal Design. The Visitability standard requires providing accessible exterior access to the front door of the unit and access inside the unit to accessible bathroom, common/bed room and adaptable stairs, as well as blocking within bathroom walls for grab bars. The Universal Design standard requires providing these same features in addition to also providing accessible kitchen, laundry, and open space facilities.
The Alameda Marina Master Plan project was approved by the City Council in 2018 for redevelopment of the Alameda Marina property for up to 760 new residential units. The residential development is expect to occur in three phases, with the first and third phase being residential apartments and Phase II with 182 townhomes. The first phase of 360 apartments was approved by the Planning Board in October 2019. The applicant is currently seeking City approval for the Phase II townhomes.
100% Visitability Requirement
The applicant requests a waiver to the 100% visitability standard for the proposed townhouse development. The applicant cites the combination of preserving the existing Graving Dock water feature and required changes to site grading (in order to meet flooding and sea level rise requirements) as physical constraints preventing visitable access for every townhouse unit. The proposed townhouse plan provides visitability for 122 of 182 townhomes. The units not meeting the visitability requirement are mostly located along Clement Avenue and immediately facing the marina, where site grading must be elevated to accommodate for future sea level rise. Although the Phase II townhouse development is short of compliance, the Alameda Marina Master Plan specifies that for purposes of Universal Design, the entire master plan project shall be reviewed as a whole. Hence, the requirements for visitability and universal design will consider units across the site in aggregate rather than considering each phase separately. Accordingly, the Master Plan project will provide visitability for 92% of the 760 total units, as follows:
Table 1 - Alameda Marina Compliance with 100% Visitability Requirement
|
Area within Master Plan |
Number of compliant units |
% visitable |
|
Phase I - “Wrap A” |
360 |
|
|
Phase II - Townhomes |
122 |
|
|
Phase III - “Wrap B” |
218 |
|
|
TOTALS |
700 of 760 required |
92% |
|
Summary: Project shy of 100% compliance by just 8% |
30% Universal Design Requirement
The project exceeds the 30% Universal Design requirement with 79% of all units meeting this standard. This is important because Universal Design units provide greater accessibility, and these units include all the accessibility features required in visitable units. Therefore, these units offer the great accessibility to its occupants and are more desirable from a usability perspective. Considering the goal of the UDO to maximize accessibility to the greatest extent possible, the project exceeding the Universal Design standard by 49% is a significant benefit to the community.
Table 2 - Alameda Marina Compliance with 30% Universal Design Requirement
|
Area within Master Plan |
Number of compliant units |
% accessible |
|
Phase I - “Wrap A” |
360 |
|
|
Phase II - Townhomes |
22 |
|
|
Phase III - “Wrap B” |
218 |
|
|
TOTAL |
600 of 228 required |
79% |
|
Summary: Project exceeds 30% requirement with 79% compliance |
Findings for Waiver
In considering a waiver from the UDO, the Planning Board must make any one of the following findings:
1. The requested waiver is necessary to make the findings for design review approval;
2. The requested waiver is necessary to support the provision of affordable housing units;
3. The requested waiver is necessary to avoid an undue and substantial financial hardship caused by topographical conditions on the site; the size or configuration of the site; and/or other site constraints; and/or legal constraints and equivalent facilitation is not available; or
4. The requested waiver is necessary to avoid a conflict with adopted local, regional, State or Federal regulations.
The proposed townhomes would qualify for findings #2-4 in the above due to the nature of the Master Plan to provide affordable housing units on a physically constrained site that is required to mitigate for future sea level rise.
Accessibility Features
When considering waivers to the UDO, the ordinance suggests the following features that can be incorporated to compensate for the loss of required features or to improve the accessibility of the units:
1. A wider front entry door of forty-two (42") inches in width.
2. Blocking within the walls of all hallways to support future installation of grab bar/hand rails.
3. Rocker light switches, electrical receptacles, and environmental controls placed at accessible heights throughout the units.
4. Removable base cabinets in all bathrooms and/or kitchens.
5. Accessible shower stalls or tubs in all bathrooms.
6. Accessible medicine cabinet and integral mirror in all bathrooms.
7. Accessible countertops with a thirty (30") inches wide workspace and/or one (1) or more fifteen (15") inch breadboards installed between twenty-eight (28") inches and thirty-two (32") inches in height in all kitchens.
8. Any other feature that improves the design of the unit to accommodate visitors or residents with physical or other disabilities in a way that makes it useable by the greatest number of people with the widest reasonable range of abilities or disabilities, to the greatest extent possible.
Staff believes the project complies with #8 above by providing significantly more Universal Design units than required, making the project useable by the greatest number of people with the widest reasonable range of abilities or disabilities.
Conclusion: The overall Alameda Marina Master Plan project achieves the core objectives of the UDO to maximize housing units that provide accessibility. Although the project needs a waiver for the 100% visitability requirement, the significant benefit of the project is that it provides a greater number of Universal Design units (79%) than the 30% required. This greater number of Universal Design units is an important benefit to the community that outweighs the project’s shortfall in visitable units. Therefore, staff will recommend the Planning Board approve the requested waiver.
RECOMMENDATION
Review and comment on the request for waiver to the 100% Visitability Requirement for the Alameda Marina Master Plan Project.
Reviewed By:
Andrew Thomas,
Planning, Building and Transportation Director
Exhibits:
1. Applicant’s Letter Request for Waiver
2. Accessibility Plan for Alameda Marina Phase II