Title
Public Hearing to Consider an Appeal of Certain Conditions of Approval Imposed by Planning Board Resolution No. PB-20-10 Approving a Waiver of the Universal Residential Design Ordinance (Alameda Municipal Code Section 30-18) for the Proposed Development at 2229 - 2235 Clement Avenue; and Adoption of Related Resolution, Applicant: Boatworks, LLC. (Planning, Building and Transportation)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
On May 11, 2020, the City Planning Board adopted a resolution approving a waiver request of the City of Alameda’s (City) Universal Residential Design requirements for the proposed 182 unit development at 2229-2235 Clement Avenue, subject to conditions of approval. The project applicant, Boatworks, LLC (Boatworks), filed a timely appeal that requests modifications to the conditions of approval.
BACKGROUND
On April 7, 2020, the City Council adopted Resolution No. 15641 approving a Development Plan, Tentative Map, and other entitlements for development of 182 residential units, approximately 1.5 acres of publicly accessible open space, and other improvements on the property at 2229-2235 Clement Avenue. At that time, the City Council determined the applicant’s request for a waiver from the Universal Design requirements to be premature because the applicant had not yet followed the process outlined in Alameda Municipal Code (AMC) Section 30-18.5 (Universal Design Ordinance, or Ordinance), which includes review by the Disability Commission (Commission) and action by the Planning Board.
On April 14, 2020, the applicant submitted a waiver request to reduce the visitability requirement from 100% to 50% (91 of the 182 units would be visitable) and reduce the universal requirement from 30% to 15% (28 of the 182 units would meet the universal design standard). On April 24, 2020, the applicant submitted a supplemental memorandum in support of the waiver request. The waiver request and supplemental memorandum are attached as Exhibit 1.
On May 6, 2020, the Commission held a special public meeting to review and comment on the requested waiver as required by the Ordinance. Based upon their review, the Commission was unable to recommend that the Planning Board approve the waiver.
On May 11, 2020, the Planning Board held a public hearing to review the waiver request, the Commission’s comments, and staff’s recommended resolution of approval. Upon conclusion of the public hearing, the Planning Board unanimously approved the waiver request subject to findings and conditions of approval designed to improve the adaptability of the 182 units for future residents. The Planning Board added conditions of approval related to adaptability, with the understanding that the applicant would be willing to accommodate the additional requirements. The Planning Board’s resolution of approval (Resolution No. PB-20-10) is attached as Exhibit 2.
On May 21, 2020, after further consideration of the additional conditions of approval, Boatworks filed an appeal of certain conditions of approval imposed by the Planning Board’s decision to approve the waiver. As shown in the Petition for Appeal (Appeal, attached as Exhibit 3), the applicant is requesting that the City Council modify the Planning Board’s conditions of approval.
Standard of Review
This Appeal is governed by AMC Section 30-25. More specifically, AMC Section 30-25.1 provides that any decision of the Planning Board may be appealed to the City Council by any person aggrieved or affected by the decision. AMC Section 30-25.5 provides that appeals or calls for review shall be scheduled for public hearing and decision by the City Council no later than the third regularly scheduled and held meeting following submittal of the appeal or call for review. An alternative date for the hearing may be selected by mutual agreement of the original applicant, the City and appellant. The June 16, 2020 public hearing date meets this timing requirement.
AMC Section 30-25.5 provides that the City Council reviews the Planning Board’s decision de novo. “City Council may consider the introduction of all pertinent material, including all documents constituting the administrative record.” Id. “At the hearing, any party or person may appear in person or by agent or attorney to provide testimony.” Id. City Council may reverse or affirm, in whole or in part, or may modify” the decision of the Planning Board. Id.
Permit or Decision at Issue
This Appeal relates to Boatworks’ request for waivers of Universal Residential Design requirements set forth in AMC Section 30-18. AMC Section 30-18 requires all new residential dwelling units to meet “Visitability” requirements and at least 30% of all new residential units to meet Universal Design requirements. AMC Section 30-18.4. Boatworks’ requested waiver would enable Boatworks to construct its project with 50% of the units meeting Visitability requirements and 15% of the units meeting Universal Design requirements.
Boatworks’ waiver request is authorized pursuant to AMC Section 30-18.5.a.3, which provides that:
a. The Planning Board may consider granting a waiver to any of the provisions of this section if it is able to make one (1) or more of the following findings:
…
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;
AMC Section 30-18.5.c provides that:
When considering a request for a waiver, the Planning Board and the project applicant may consider incorporating other features into the project to compensate for the loss of required features or to improve the accessibility of the units. Those features may include:
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.
DISCUSSION
As described in Boatworks’ waiver request (Exhibit 1), 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 storm water 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 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 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.)
On May 11, 2020, staff recommended that the Planning Board approve the waiver request subject to specific conditions of approval. The Planning Board expressed disappointment that the Boatworks project is only able to achieve a 15% universal design standard and a 50% Visitability standard, but acknowledged that a higher standard would require a complete redesign of the project to include significantly fewer townhome buildings and significantly more multifamily units. Under State Density Bonus Law and the Housing Accountability Act, the City may not use its discretionary review of the project to reduce the number of units in the project or impose conditions that make the project financially infeasible unless it makes specific public health and safety findings.
In discussion with the applicant at the meeting, the Planning Board directed that the conditions of approval be amended to include additional conditions to ensure that all 182 units would be adaptable for future residents by ensuring that the units are constructed with specific types of interior fixtures and features.
Upon further review, the applicant determined that they were unable to agree to all of the new conditions. The applicant’s appeal of the Planning Board’s resolution of approval requests that the City Council make specific changes to the conditions of approval, as shown below:
1. The Design Review plans submitted for Planning Board review shall provide evidence that:
• At least 28 units meet all the requirements for universal design pursuant to AMC Section 30-18;
• At least 91 units meet all the requirements for Visitability pursuant to Section 30-18;
• At least 14 waterfront single family homes will meet all of the universal design requirements of Section 30-18 for the interior of the home;
• The waterfront clubhouse meets all the requirements for visitability pursuant to Section 30-18; and
• The waterfront park play equipment includes equipment for children with disabilities.
2. a) The Design Review plans submitted for Planning Board review shall provide evidence that all 182 units include the following features to improve the adaptability of the units for seniors, people with lower mobility, and people with other needs or disabilities:
• Blocking within the walls of all hallways, stairways, and bathrooms to support future installation of grab bar/hand rails;
• Rocker light switches, electrical receptacles, and environmental controls will be placed at accessible heights;
• Windows that do not require more than 5 pounds of force to open or close;
• Doors, cabinets, faucets equipped with loop or lever type handles;
• Shower/bath with offset controls and connection for hand-held shower head; and
• Adjustable shelves and rods in all closets.; and
• 32” clear opening at all passage doors, where possible.
b) The Design Review plans submitted for the designated universal design units and designated visitable units shall include the following features for all facilities on the ground floor:
• Doors, cabinets, faucets equipped with loop or lever type handles;
• Shower/bath with offset controls and connection for hand-held shower head; and
• ADA height toilets.
The applicant shall also attempt to provide:
• Slip resistant flooring and low glare materials in kitchens and bathrooms,
• Kitchen counters with a tactile method for edge detection
• Automatic stove shut off features for all built-in ovens
• 32” clear opening at all passage doors, where possible
• ADA height toilets.
3. The Design Review plans submitted for Planning Board review shall provide detailed grading plans, landscape plans, and pathway plans for all 182 units which clearly depict why only 50% of the units can meet the requirement for accessibility from the exterior of the unit. The applicant’s architects shall endeavor to provide adaptable access to additional units beyond the 50% via either the front door or the garage through creative grading and pathway design and shall endeavor to provide the following features to increase adaptability such as slip resistant flooring and low glare materials in kitchens and bathrooms, kitchen counters with a tactile method for edge detection, windows that do not require more than 5 pounds of force to open or close, and automatic stove shut off features for all built-in ovens.
4. Upon review of the Design Review plans and the recommendations of the applicant, the Planning Board may approve Design Review plans that vary from the adaptability requirements of Condition #2 and landscape plans and pathway plans that do not increase the number of visitable units beyond 50% if needed to ensure a financially feasible and well-designed residential development.
Staff conclusions: In March 2020, the City Council approved a Settlement Agreement with Boatworks to resolve three existing lawsuits filed by Boatworks against the City and over 15 years of disputes over the development of this land to allow for the development of the site for much needed new housing and waterfront access.
Since March, the City Council and Planning Board have acted in good faith and under difficult circumstances to take all the steps necessary to complete a final resolution of these long standing disputes. Boatworks has demonstrated progress in meeting the City’s accessibility requirements. For instance, following the Disability Commission Hearing, Boatworks voluntarily offered to make the waterfront clubhouse meet all local visitability requirements, and to include equipment for children with disabilities at the waterfront park play area. Additionally, following the filing of its initial appeal, it has withdrawn requests to make kitchen and laundry facilities in some units “adaptable” rather than full “accessibility.” Accordingly, staff is recommending that the City Council grant the appeal and modify the conditions as requested by the applicant and avoid any further disputes.
ALTERNATIVES
Alternatives available to the City Council include reversing or affirming, in whole or in part, or otherwise modifying the decision of the Planning Board.
FINANCIAL IMPACT
Approving the appeal and modifying the Planning Board conditions of approval will have no negative impact on the General Fund.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Approving the appeal and modifying the Planning Board conditions of approval will allow the housing project to commence without further delay consistent with the site’s residential zoning designation and the site’s listing as a Housing Opportunity Site in the General Plan Housing Element.
ENVIRONMENTAL REVIEW
In September 2010, the City Council certified an Environmental Impact Report (Previous EIR) evaluating the impacts of a 242-unit project on the site. The Previous EIR also included a reduced density alternative of approximately 182 units. None of the circumstances necessitating further environmental review are present.
CLIMATE IMPACTS
Approving the appeal and modifying the Planning Board conditions of approval will allow the housing project to commence without further delay consistent with the Regional Sustainability Strategy Plan Bay Area to reduce greenhouse gas emissions regionally and the City’s Climate Action Plan to reduce greenhouse gas emissions locally.
RECOMMENDATION
Hold a public hearing and adopt a resolution approving the Appeal and approving a waiver of the Universal Residential Design requirements subject to findings and revised conditions of approval.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the Planning, Building and Transportation Director’s recommendation.
Respectfully Submitted By:
Andrew Thomas, Planning, Building and Transportation Director
Exhibits:
1. Waiver Request
2. Planning Board Resolution
3. Appeal
cc: Eric Levitt, City Manager