Title
Alameda Site A Development Universal Design Program
Body
To: Honorable Chair and Members of the Commission on People with Disabilities
EXECUTIVE SUMMARY
Staff are working with Alameda Point Partners (APP) to develop a revised development plan for the second phase of the Site A development area at Alameda Point. The goal of the revised entitlement is twofold:
1. To restore the financial feasibility of the second phase of the previously approved development program.
2. To increase the number of housing units within the Site A development program in support of the City of Alameda (City) Housing Element update to accommodate Alameda’s regional housing needs allocation (RHNA).
The purpose of this report is to evaluate the proposed revised plan’s consistency with Alameda Municipal Code (AMC) 30-18 Universal Residential Design and subsection 30-18.5 Waivers. Staff is requesting that the Commission review and comment on the recommended waiver. The Commission’s comments and recommendation on the proposed waiver will be transmitted to both the Planning Board and City Council to inform their final decisions on the necessary agreements and entitlements.
BACKGROUND
Universal Residential Design Ordinance. AMC 30-18 Universal Residential Design establishes citywide requirements to ensure that all new housing constructed in Alameda include design features that support the needs of people with disabilities. Sixteen percent (16%) of Alameda families report living with a family member with a disability.
The Universal Design Ordinance (Ordinance) requires that 100% of Alameda’s new homes are “visit-able” by any visitor with mobility issues or a physical disability and that 30% of the new homes in all large-scale developments (over 10 units) are designed to be “live-able” by a person with mobility issues or a physical disability. The Ordinance recognizes that the standard may need to be waived or adjusted in some cases, and therefore, the ordinance includes a waiver procedure.
Since adoption of the Ordinance in 2018, it has become apparent that the 100% visitability requirement is the standard that is often problematic for residential projects to meet. Since 2018, the City has not waived the 30% universal design standard for any project, but is waived the 100% visitability standard several times. In a number of these cases, the project requesting the waiver offered to increase the universal design component of the project above 30%, even though it was not able to achieve the 100% visitabilty standard.
Waivers of the visitability standard have been necessary because rising construction and land costs are forcing more and more market rate developers to focus on the townhome housing type, which when compared to elevator-served multi-family apartments, has a higher land value due to incrementally lower construction costs and higher demand.
A typical townhome is characterized by a small tuck-under parking garage with living quarters stacked above it. Unfortunately, it does not provide enough ground floor space to meet the visit-abillity requirement, which requires at least a bedroom and bathroom on the ground floor to be accessible. Installing elevators in townhomes is not a financially viable means to achieving visitability. The only alternative is to make the ground floor of the unit larger, which means the attached townhome units requires more land and a larger overall amount of floor area, which both increases construction costs and reduces affordability. Increasing the building footprint of each townhome would also greatly reduce APP’s ability to deliver the number of housing units in the proposed Development Plan, which is an important contribution toward the City’s RHNA obligation.
Given these financial and physical factors affecting townhome development in Alameda, since adoption of the ordinance, waivers have been necessary for most major townhome projects approved since 2018, including the Alameda Marina project, the Boatworks project, the Encinal Terminals project, and the Santa Clara Avenue project. The residential projects at Alameda Point and Alameda Landing have not needed waivers in the past because they were approved before the ordinance took effect. However, neither of those projects meet the 100% visit-ability standard.
Alameda Point Site A. APP and the City are currently considering a change and re-entitlement of the project housing program. Over the seven-year period since execution of the Site A agreements, much has been accomplished to achieve City goals for the 68 acres referred to as “Phase 1” of Site A, including:
• Construction of new infrastructure by APP, including the reconstruction and realignment of West Atlantic Avenue, for Phase 1 of Site A at a cost of approximately $68,000,000,
• Construction of 128 deed restricted affordable housing units, which was made possible by a $3,000,000 contribution by APP and construction of the necessary infrastructure for the units by APP,
• Construction of the 1.35 acre neighborhood park by APP at a cost of approximately $2,700,000,
• Construction of the 2.6 acre first phase of the City’s waterfront park by APP at a cost of approximately $6,700,000,
• Construction of the Seaplane Lagoon Ferry Terminal, which was made possible by a $10,000,000 contribution from APP,
• A $1,000,000 contribution to a future regional sports complex by APP,
• Construction of 200 elevator served market rate rental housing units and 130 market rate townhomes.
In total, APP has invested approximately $90,000,000 into Alameda Point’s infrastructure improvements to-date.
The 2015 Site A Development Plan includes two additional phases, “Phase 2” and “Phase 3,” that have not yet begun. APP has advised the City that Phase 2, as currently entitled, is not financially viable, and APP will not be able to proceed with the development of Phase 2 unless the existing entitlements and Site A agreements are amended. As of 2022, the costs associated with Phase I of the project have caused APP to lose over 30 million dollars.
To enhance the financial viability of Phase 2 of the project, APP and staff are developing a plan to increase the number of housing units at Site A from 800 units to approximately 1,290 units by shifting land entitled for commercial and retail purposes to residential use. In addition to improving the financial viability of Phase 2, the increase in the number of units is critical to the success of the City Housing Element and the City’s ability to meet its RHNA obligations for the next 8 years. A key feature of the City’s draft Housing Element is a plan to accommodate 1,482 of these 5,353 units on City-owned land at Alameda Point. To allow for 1,482 units at Alameda Point, the current entitlements for Site A must be revised to increase the housing units permitted in Phase 2.
DISCUSSION
Site A Phase 2 and the Universal Design Ordinance. Since the proposed Site A plans require amendments to the prior agreements, it is appropriate to consider whether the proposed revisions are consistent with all current City requirements, which may have been adopted since 2015, such as the Ordinance.
With the revised plans, Site A Phase 1 and Phase 2 together will significantly exceed the 30% universal design requirement of the Ordinance. Within Phase 1 and Phase 2, 58% of the new housing units constructed will meet the universal design standard.
Within Phase 1 and Phase 2, APP is committed to providing 70% of the total housing units as visit-able. Upon completion of Phases 1 and 2, Alameda Point Site A will have 1,284 residential units, of which 744 meet the Ordinance for livability (58%) and 899 meet the standards for visitability (70%); 324 of the units will be both livable and deed-restricted for low and very-low income households.
Townhomes are critical to the financial viability of Phase 2. The townhome land value is essential to be able to finance the infrastructure, affordable housing, and additional parks in Phase 2. However, APP and City staff are examining design strategies to make as many of the townhomes visitable as feasible. APP believes that they will be able to make approximately 30% of the townhomes visit-able. APP has developed a preliminary unit plan that requires the building footprint to be elongated to accommodate the additional powder room and den/bedroom by an additional 15ft. Due to site parcel constraints, 30% visitability for townhomes is the maximum number that can fit within the boundaries of the parcels while trying to maximize density. This is an increase from APP’s current commitment in the 2015 Development Plan of 10% universal design for townhomes.
Staff Conclusions: In summary, staff believes that resolving the financial issues with Site A so that the project can move forward is absolutely critical to the long term success of Alameda Point, but also absolutely critical to the City’s ability to meet its State mandated housing obligations over the next 8 years. The consequences for the City of failing to meet its Housing Element obligation and falling out of compliance with State law are significant. Therefore, staff believes that is essential the City Council move forward with APP and re-entitle the project with a commitment for 58% universal design units and 70% visitable units across Phases 1 and 2.
Staff also recommends that City staff and the Commission work together to reevaluate the requirements of the Ordinance. Waivers should be necessary for projects with unusual topographic or design constraints. Waivers should not be necessary for every major residential project. In addition, the draft Housing Element has initiated a series of zoning amendments that will reduce the need for waivers. To address State Housing Law requirements, the Housing Element zoning amendments propose new zoning requirements that, among other things, establish a minimum residential density of at least 30 units per acre. The 30 unit per acre standard is a density that the State has determined supports affordable housing. Since is it is a minimum density standard, it would prohibit residential development that is lower than 30 units per acre. Townhome development is typically between 22 and 25 units per acre. Therefore the 30 dwelling unit per unit would preclude townhomes in the zoning districts with that standard. Development that are 30 units per acre or more are typically elevator served and therefore more accommodating for people with disabilities and/or mobility issues.
ENVIRONMENTAL REVIEW
On February 4, 2014, per City Resolution No. 14891, the City Council certified a Final Environmental Impact Report (FEIR) under the California Environmental Quality Act (CEQA), California Public Resources Code Section 21000 et seq., and adopted written findings, a Statement of Overriding Considerations, mitigation measures, and a Mitigation Monitoring and Reporting Program (MMRP) for the Alameda Point Project, including the Town Center Plan area, which contains Site A (Alameda Point EIR) (State Clearinghouse No. 201312043).
Additionally, on December 1, 2021, per City Resolution No. 15841, the City Council certified a FEIR under CEQA, and adopted written findings, a Statement of Overriding Considerations, and a MMRP for the General Plan Amendment to Update the Alameda General Plan (General Plan Amendment EIR) (State Clearinghouse No. 2021030563).
Pursuant to CEQA Guidelines sections 15162 and 15163, none of the circumstances necessitating further CEQA review are present with respect to either the Alameda Point EIR or the General Plan Amendment EIR. The proposed project likely would not require major revisions to the Alameda Point EIR or the General Plan Amendment EIR due to new significant impacts or due to a substantial increase in the severity of the significant environmental effects. There have been no substantial changes with respect to the circumstances under which the project would be undertaken that would require major revisions of the Alameda Point EIR or the General Plan Amendment EIR due to new or substantially increased significant environmental effects. Further, there has been no discovery of new information of substantial importance that would trigger or require major revisions to the Alameda Point EIR or the General Plan Amendment EIR due to new or substantially increased significant environmental effects. For these reasons, no further environmental review with respect to either the Alameda Point EIR or the General Plan Amendment EIR is likely required. As project deal terms become more crystalized, staff will continue to evaluate potential environmental impacts and may undertake focused analysis as appropriate, prior to final Council approval.
RECOMMENDATION
That the Commission on People with Disabilities review and comment on the proposed waiver for the Site A Phase 2 plan.
Andrew Thomas, Director of Planning, Building and Transportation
Exhibits: Site A Development Plan Amendment