Ordinance 3022CITY OF ALAMEDA ORDINANCE NO. 3022
New Series
AMENDING MUNICIPAL CODE SUBSECTIONS 30 -1
b .9 (REQUESTS FOR
INCENTIVES OR CONCESSIONS FOR SITES WITH A COMMERCIAL OR
MIXED USE ZONING DESIGNATION) AND 30 -17.10 (INCENTIVES.. DR
CONCESSIONS DEFINED) OF SECTION 30 -17 (DENSITY BONUS
ORDINANCE) OF CHAPTER XXX (DEVELOPMENT REGULATIONS ARTICLE
1. ZONING DISTRICTS AND REGULATIONS ) THAT ALLOWS CAPS OR
LIMITS ON CONCESSIONS AND INCENTIVES FOR DENSITY BONUS
PROJECTS ON SITES WITH A RESIDENTIAL GENERAL PLAN
DR ZONING
DESIGNATION
WHEREAS, in 1979 the State of California adopted legislation that
provided incentives to encourage.private developers to include "affordable units"
in their market - rate residential projects; and
WHEREAS, with certain exceptions, California Government Code Section
0591 requires that a City provide for a. density bonus and other. incentives or
concessions. if a developer, among other things, agrees to construct specified
numbers of affordable housing units; and
WHEREAS, the Housing Element of the City of Alameda General . Plan,
adopted in May 2003, includes an objective calling for the adoption of. a densit
bonus ordinance; and
WHEREAS, the City wishes to maintain an economically . balanced
community with. housing available to households of all income levels and.: this
Council seeks to provide incentives for the creation of affordable lousing units;
and
WHEREAS, the City Council adopted density bonus regulations on
December 1, 2009; and
WHEREAS, at the time the density bonus regulations were adopted the
City Council expressed concern that without caps or limits on. concessions or.
incentives, density, bonus. projects occurring .in residential neighborhoods would
have the potential for significant adverse impacts on th.e quality of . residential
neighborhoods; and
WHEREAS, In an effort to mitigate the potential. for these significant
adverse impacts to residential neighborhoods, the City Council .directed that staff
develop an amendment to.the density bonus regulations that provides for ca p s .or
limits on concessions and incentives for density bonus projects on sites with a
residential general plan and Zoning designation; and
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WHEREAS, amendments to the density bonus regulations incorporating
the changes identified above have been developed and a draft ordinance made
available for public review; and
WHEREAS, the Alameda Planning Board has held public hearings at
which public comment was received and considered and has recommended
adoption of the attached amendments to the density bonus ordinance to the City
Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA
DOES ORDAIN AS FOLLOWS:
Section 1 . Ordinance Adoption. Subsections 30 - 17.9, and 30 - 17.10 are
amended, to read as follows.
30 -17.9 Requests for Incentives or Concessions � -- 5Zifas _-- raga
----a
a. When an Applicant proposes a Development Project for any
specified housing unit type on a site .
pis -atoms- - other than a senior. citizen. housing development. or. mobile home
park pursuant to. subsection 30 17.7.4, the. City shall provide. the Applicant kith
incentives or concessions as defined by. subsection 30-17.10 subject to the ca s
or limits on concessions and incentives identified in subsection 3017.1 Ob for
sites with a residential zoning or general plan designation. The Applicant must
submit a Density. Bonus Application, as described in subsection 30-17.14
identifying the specific incentives. or concessions that the Appli requests.
The City shall.grant the concession or incentive requested by the Applicant
unless the City makes any of the following written findings, based upon
substantial evidence:
1. The concession or incentive is not required . to provide. for Affordable
Housing costs as defined in Section 50052.5 of the Health and Safety
Code or for Affordable Rents for the targeted units;
2. The concession or incentive would have a specific adverse impact as
defined in paragraph (2) of subdivision (d) of Section : 65589.5, upon
public _health and .safety or the physical environment or on :any real
property: that is listed in the .California Register of Historical. Resources
or designated a City of Alameda Historical Monument or included in
the - City of Alameda's Historical Building Study List and for which there
is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact without rendering the development unaffordable to
Low- and Moderate - Income households;
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3. The request is to modify the minimum building standards approved by
the California Building Standards Commission as provided in Part 2.5
(commencing with Section 18901 ) of Division 13 of the Health and
Safety Code.
4. The request is for direct financial incentives for the Development,
including the provision of publicly owned land or the waiver of fees or
dedication requirements.
5. The concession or incentive would be contrary to State or federal lave.
30 -17.14 Incentives or concessions Defined
Density Bonus projects should complement existing residential neighborhoods
and reflect or improve their characteristics. Well designed Density Bonus projects
are critical for a community seeking to provide a wide range of housing
opportunities. Aproject that fits 'well within its physical context will not cause
undue adverse impacts on surrounding properties.
a. New construction on sites with a residential general plan or zoning
designation shall complement the development pattern of the area and respect
the rhythm of height, massing; and setbacks of the neighborhood Jn which it is
located. To the extent permitted by law, caps or limits on incentives or
concessions can be implemented in order to promote compatibility between new
and existing development and compel consistency with any design guideline or
standard adopted by the City of Alameda.
For the purposes of this section, concession or incentive means:
b. a—. A reduction in site Development Standards o. r a modification of
zoning code or architectural design requirements., that exceed the minimum
building standards approved by t Building Standards Commission as
provided in Part 2.5 (commencing with Section 19901) of Division 13 of the
Health and Safety Code, resulting in identifiable, financially sufficient, and actual
cost reductions. "Concession or incentive" may include but is not limited to any
of the following:
1. Reduced minimum lot sizes and/or dimensions exce t that projects
on saes wit a resident general plan or zoning designation that
requires a 5,000 square foot lot with a 50 foot -width - shall have a - :lot
area of no - less than 3,000 square feet and a lot width of no -less
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3. Reduced on -site .open -space requirements, except that projects on
sites with a residential general plan or zoning designation shall
have at least 100 square feet of open space per unit.
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5. Increased floor area ratio.
6. Reduced parking requirements, but not less than one and a half
standard parking spaces per unit on sites with a residential q ene ral
p lan or zoninq deli nation,
7. Modification of the zoning code to.permit mixed .use.developme.nt in
conjunction with the.. Development if non - residential uses will reduce
the. development cost of the . residential portion of the Development.
and if the non - residential uses are compatible .with the
Development and with existing or planned. development in the area
as set forth in the.Alarneda General Plan.
C. For large Development Projects, defined as projects on sites with at
least one acre of land area an Applicant. may be granted exceptions to the caps
and limits set forth in subsection ` 30= 17:10b through the Density Bonus
Application process if it can be shown such exceptions are needed to allow more
flexibility that promotes superior site design and architectural excellence.
d. 13-: Nothing in this section, shall be construed to require the provision of
direct financial incentives for a Development, including the provision of publicly
owned land by the City or other waiver of fees or dedication requirements.
Moreover, concessions. or incentives shall not include, any. exceptions.
waivers or
departures from health and safety standards of building and - fire codes or from
solid waste - .and recycling standards established by the State of California and the
City of Alameda.
Section 2. Severab.i Clause. It is the declared. intent. of the City Council of
Alameda that if any section, subsection, sentence, clause, phrase, or provision of
this ordinance is held. invalid. or unconstitutional. by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not be so. construed as to
render invalid or unconstitutional the remaining provision of this ordinance.
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Section 3. All former ordinances or parts thereof conflictin or inconsistent with
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the provisions of this ordinance hereb adopted 3 to the extent of such conflict
onl are hereb repealed.
Section 4. This ordinance and the rules, re provisions re '
. I quirements,
orders, and matters established and adopted hereb shall take effect and be in
full force and effect from and after the expiration of thirt ( 30 ) da from the date
of its final passa
Section 5. CEQA. This ordinance is not subject to the California Environmental
Qualit Act ("CEQA") pursuant to §§ 15060 (c)(2) (the activit will not result in a
direct or reasonable foreseeable indirect ph chan . in the environment)
and the common sensel) exemption under § 15061 of the CEQA
Guidelines, because the Cit Council he determines . and finds that there is
no possibilit that the ordin ma have a si effect
on the
environment, rather these amendments are re intended to.
m itigate the
potential for si effects on the environment. A Ne Declaration was
adopted for the Densit Bonus regulations this ordinance amends_
.............
Presidin 0 ice he it Council
Attest-
Layra Weisi Cit Cler,�
Cit of Alameda
I, the undersi hereb certif that the fore Ordinance was dul and
re adopted and passed b the Cit Council of the Cit of Alameda in a Re
Meetin of the Alameda Cit Council on the 1 9th da of October, 2010 b the followin
vote to wit:
AYES: Councilmernbers deHaan, Matarrese
and Ma Johnson — 3.
NOES: None.
ABSENT: Councilmernbers Gilmore and Tam - 2.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the official seal of
said Cit this 20th da of October, 2010.
Lara Weisi Cit qjek
Cit of Alameda