Title
Public Hearing to consider a Request for Waiver of the Requirements of the Universal Design Ordinance (Alameda Municipal Code Section 30-18) for the Boatworks Development Plan at 2229 - 2235 Clement Avenue, Applicant: Boatworks, LLC.
Body
To: Honorable President and Members of the Planning Board
From: Andrew Thomas, Director Planning Building and Transportation
Subject: Public Hearing to consider a Request for Waiver of the Requirements of the Universal Design Ordinance (Alameda Municipal Code Section 30-18) for the Boatworks Development Plan at 2229 - 2235 Clement Avenue, Applicant: Boatworks, LLC
BACKGROUND
On March 17, 2020, the Planning Board recommended that the City Council approve certain entitlements for the proposed “Boatworks” project located at 2229-2235 Clement Avenue. On April 7, 2020, the City Council adopted Resolution No. 15641 approving a Development Plan and Tentative Map for development of 182 residential units, approximately 1.5 acres of publicly accessible open space, and other improvements on the property
A 182 unit project was originally approved for the site in 2011, but the project was never constructed due to a number of disputes between the property owner and the City of Alameda (City). In March, the City Council approved a Settlement Agreement with Boatworks to resolve three existing lawsuits filed by Boatworks against the City and allow for the development of the site for much needed new housing and waterfront access.
The applicant’s request for a waiver from the provisions of Section 30-18 Universal Residential Design to the Alameda Municipal Code (AMC) (Universal Design Ordinance, or UDO) is attached as Exhibit 1. The applicant’s request states that the size of the site and the topographical conditions support a waiver. Specifically, the applicant is requesting a waiver to reduce the visitability requirement from 100% to 50% (only 91 units would be visitable) and reduce the universal requirement from 30% to 15% (only 28 units would meet the universal design standard).
On May 6, 2020, the Disability Commission will consider the request and make a recommendation to the Planning Board. Staff will transmit the Commission’s recommendation under separate cover.
DISCUSSION
On November 7, 2017, the City Council adopted Ordinance No. 3198 to add the Universal Design Ordinance, as recommended by the Commission on Disability and Planning Board, to require accessible accommodations in new housing construction with five or more units. The UDO requires that:
• 100% of the units provide accessible exterior access to the unit and access inside the unit to an accessible bathroom, common use room/bedroom and adaptable stairs, as well as blocking within bathroom walls for grab bars and an accessible path of travel to ground floor open space, and
• 30% of the units provide accessible exterior access to the unit and access inside the unit to an accessible bathroom, common use room, bedroom, kitchen, laundry, open space, and adaptable stairs.
The UDO allows the Planning Board to grant waivers to any of the requirements in the UDO if certain findings are made, provided that the request for waiver is first transmitted to the Commission for review and comment. AMC Section 30-18.5 states that the Planning Board, after review and comment by the Commission, may grant a waiver to any of the requirements in the UDO if the waiver is necessary to: 1) make the findings for Design Review approval, 2) support the provision of affordable housing, 3) avoid a conflict with adopted local, regional, State or Federal regulations, or 4) 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 other legal constraints. The applicant’s request for the waiver focuses on Finding No. 4 related to topographical or unique site conditions.
As described in the April 24, 2020 memorandum from the project engineer (Carlson Barbee and Gibson) (Exhibit 1) and shown in the project site plan, preparing the site for development requires a variety of changes in grade. The site must be lifted out of the flood plain and raised to protect against sea level rise. In addition, the internal elevations on the site must be varied to ensure that the sewer drains to the main line in the street, but that the storm water drains toward internal stormwater retention basins and then from the basins to the bay.
The site grading requirements and constraints on the applicant’s ability to provide accessible access to many of the units in the project is further constrained by the project design, which includes 152 townhome-style residential units and one 30 unit multifamily building. (Although the project does include approximately 30 detached single family homes, the 30 detached homes are essentially a three story townhome design with a small amount of space between each unit.)
As a result of these two factors (i.e. site grading requirements and housing types), the applicant is only able to provide:
• 28 units (15% instead of 30%) that meet the requirements for universal design, and
• 91 units (50%) that meet the Visitability standard.
• 14 (7.5%) waterfront single family homes will meet all of the universal design requirements for the interior of the home, but the units will not meet the accessibility requirements on the exterior of the home, due to the steep grades between the driveways and the garage and between the sidewalk and the front door.
The applicant is also able to provide:
• An accessible route of travel from the public sidewalks on Oak Street and Clement Avenue to the publicly accessible waterfront open spaces,
• An accessible sidewalk on the west side of Oak Street, where none exists today,
• Blocking within the walls of all hallways to support future installation of grab bar/hand rails, and
• Rocker light switches, electrical receptacles, and environmental controls placed at accessible heights throughout the units.
Conclusions:
Since adoption of the UDO in 2017, the Disability Commission and Planning Board have granted a single waiver for the Alameda Marina Project. The only other project to fail to meet the UDO standards was the Alameda Landing waterfront residential project, but that project’s entitlements were vested by a Development Agreement entered into prior to 2017 and therefore had a lower standard to meet.
Staff is disappointed that the Boatworks project is only able to achieve a 15% universal design standard and a 50% Visitability standard. However, to achieve a higher standard would require a complete redesign of the project to include significantly fewer townhome buildings and significantly more multifamily units. Specifically, the size and number of units in the multifamily building would need to be doubled to achieve the 30% standard and the 152 townhome-style units would need to be eliminated and replaced with either many fewer, larger single family homes with larger ground floor floor plates or the 152 units would need be replaced with 152 units in four or five multifamily, elevator served buildings to achieve the 100% Visitability standard. Essentially, the entire project would need to be redesigned. Under State Density Bonus Law and the Housing Accountability Act, the City of Alameda may not use its discretionary review of the project that would reduce the number of units in the project or impose conditions that make the project financially infeasible.
Given the financial implications of these significant changes to the project to accommodate the requirements of the UDO, the fact that the City of Alameda approved a substantially similar site plan with 152 townhome-style units and a 30 unit multifamily building in 2011, and the City Council’s and staff’s desire to end 15 years of disputes and lawsuits between the City and the property owner so that the construction of much needed housing and waterfront open space can finally occur, staff recommends that the Planning Board approve the requested waiver based on Finding No. 4, above.
RECOMMENDATION
That the Planning Board hold a public hearing and approve the attached draft resolution (Exhibit 2) approving the requested waivers to the 30% universal design requirements and 100% visitability standards for the Boatworks Project.
Reviewed By:
Andrew Thomas,
Planning, Building and Transportation Director
Exhibits:
1. Applicant’s Request for Waiver
2. Draft Resolution