Ordinance 3054CITY OF ALAMEDA ORDINANCE No.3054
New Series
AMENDING VARIOUS SECTIONS OF THE ALAMEDA MUNICIPAL
CODE CONTAINED IN CHAPTER XXX (DEVELOPMENT
REGULATIONS) TO ENSURE CONSISTENCY BETWEEN THE STATE
HOUSING ELEMENT LAW, THE CITY OF ALAMEDA GENERAL PLAN,
AND THE CITY OF ALAMEDA MUNICIPAL CODE
BE IT ORDAINED by the City Council of the City of Alameda:
Findings:
In enacting this Section, the City Council finds as follows:
1. The amendments maintain the integrity of the General Plan. The
proposed zoning text amendments are necessary to ensure consistency
between the Housing Element, the Land Use Element, and the Alameda
Municipal Code. The zoning amendments also ensure consistency
between the State Housing Element Law and the Alameda Municipal
Code. The amendments also achieve General Plan policies and
objectives for equal access to housing, access to transportation
improvement funds, and mixed use, transit oriented housing
opportunities.
2. The amendments will support the general welfare of the community. The
proposed zoning text amendment will support the general welfare of the
community by establishing clear standards for a variety of housing types
and densities consistent with State Housing Element Law requirements.
3. The amendments are equitable. The proposed zoning amendment is
equitable in that it establishes appropriate processes and procedures for
the review of future residential development proposals and ensures equal
access to all income groups and household types.
4. California Environmental Quality Act. For purposes of compliance with
the provisions of the California Environmental Quality Act (CEQA), an
Addendum to the 2003 Housing Element Amendment GPA Mitigated
Negative Declaration and the 2009 Transportation Element GPA
Environmental Impact Report was prepared, and the City Council hereby
adopts the conclusions and analysis of the addendum prepared for the
proposed amendments and determines that the proposed amendments
will not result in any new or more severe environmental impacts than
those previously identified.
Section 1. Section 30 -2 Definitions shall be amended to include the following
definitions:
Emergency Shelter: Emergency shelter means housing with minimal
supportive services for homeless persons that is limited to occupancy of
six months or less by a homeless person. No individual or household may
be denied emergency shelter because of an inability to pay.
Family: Family shall be defined as One or more persons living together in
a dwelling unit, with common access to, and common use of all living,
kitchen, and eating areas within the dwelling unit."
Supportive Housing: Housing with no limit on length of stay, that is
occupied by the target population and that is linked to onsite or offsite
services that assist the supportive housing resident in retaining the
housing, improving his or her health status, and maximizing his or her
ability to live and, when possible, work in the community.
Single Room Occupancy (SRO) Unit . A multi -unit housing for very low
income persons that typically consists of a single room and shared bath
and also may include a shared common kitchen and common activity
area. SROs may be restricted to seniors or be available to persons of all
ages.
Transitional Housing: Transitional housing and transitional housing
development mean rental housing operated under program requirements
that call for the termination of assistance and recirculation of the assisted
unit to another eligible program recipient at some predetermined future
point in time, which shall be no less than six months.
Section 2. Section 30 -3.2 Combining Districts shall be amended to include "MF
Multi- family District"
Section 3. Section 30 -4.1 b. "Uses Permitted" shall be amended to include new
subsection: 10. Supportive Housing and Transitional Housing
Section 4. Section 30 -4.5 R -5 General Residential District subsection b. Uses
Permitted shall be amended to include new subsection: 6. Single Room
Occupancy Units.
Section 5. Section 30 -4.11 M -1 Intermediate Industrial District subsection b.
Uses Permitted shall be amended to include new subsection 7. Emergency
Shelters provided that the proposed facility provides on site management and on
site security during the hours that the shelter is in operation, provides 25 beds or
less, provides one off street parking space for every three beds, is located not
less than 300 feet from another emergency shelter, and limits the length of stay
to 6 months or less.
Section 6. The Alameda Municipal Code is hereby amended by adding a new
subsection 30 -4.23 (Multifamily Residential Combining Zone):
a. Purpose:
The multifamily residential combining zone (MF District) is an overlay zone
intended for lands in Alameda that are well located for transit oriented
multifamily housing, necessary to accommodate Alameda's share of the regional
housing need, and available to facilitate and encourage the development of a
variety of types of housing for all income levels, including multifamily rental
housing as required by California Government Code sections 65580 and 65583.
b. Alameda Municipal Code and Underlying Zoning District Provisions and
Requirements
i. Proposed Residential Use within the MF district shall
comply with the provisions of the MF District, the provisions of the underlying
zoning district and all other provisions of the Alameda Municipal Code. In the
event of a conflict between the provisions of the MF Combining District and
the provisions of the underlying district or the Alameda Municipal Code or
Alameda City Charter Article 26, the provisions of the MF District shall
govern.
ii. Proposed Non - Residential Use, if permitted or conditionally
permitted by the underlying zoning districts, within the MF district shall
comply with the provisions of the underlying zoning district and all other
provisions of the Alameda Municipal Code.
c. Housing Types Permitted:
i. The following housing types shall be permitted by right,
without a conditional use permit or other discretionary review other than
design review, in addition to those permitted by the underlying zoning
district:
a. Multifamily
b. Town homes
c. Senior
d. Transitional Housing
e. Supportive Housing
£ Single room occupancy
g. Live /work
ii. For the purposes of the MF District, live /work shall be
defined as a residential unit that is the primary residence and place of
employment for the owner or occupant of the live /work unit.
d. Land Uses Permitted:
i. Residential uses are permitted by right in the MF Combining
District in addition to the uses permitted and conditionally permitted by the
underlying zoning district.
ii. All properties with the MF Combining District designation
that front on Park Street or Webster Street shall provide ground floor retail
space fronting onto the Park Street or Webster Street public right of way.
e. Permitted Residential Density and Lot Size:
i. Within the MF Combining District, the maximum permitted
residential density shall be 30 units per acre.
ii. Minimum lot size requirements shall be modified as
necessary to permit construction at the densities allowed by this
Section.
f. Height Requirements:
The maximum height permitted shall be three stories or 35 feet, except as
provided in paragraph k..
g.
Transportation Facilities and Service Requirements:
i. Transit passes or weekday commute hour shuttle service
shall be provided with each unit in the residential development.
ii. Secure bicycle parking spaces for at least two (2) bicycles
shall be provided for each unit in a secure bicycle cage or comparable
facility.
iii. Off - street parking shall be provided in accordance with
Section 30 -7.6 Schedule of Required Minimum and Maximum Off - Street
Parking Space.
h. Review Requirements. The review of residential development proposals for
residential development within the MF Overlay zone shall be limited to
findings for approval contained in Section 30 -37.5 Design Review. No other
discretionary action shall be required, unless the applicant requests a
variance from the requirements of the MF Overlay or Alameda Municipal
Code, consistent with Government Code Section 65583.2(i). Findings for
approval, conditional approval or denial of a residential use based on design
review or application for a variance shall be consistent with Government
Code Section 65589.5.
i. Open Space Requirements
On site open space shall be provided in accordance with the requirements of the
applicable underlying zoning district.
j. Setback Requirements
Setbacks from property lines shall be provided in accordance with the
requirements of the applicable underlying zoning district.
k. Affordable Housing Requirements
i. All residential projects shall provide affordable housing pursuant to
Alameda Municipal Code 30 -16 Affordable Housing.
ii. Projects that qualify for a residential density bonus pursuant to Section
30 -17 Affordable Housing Density Bonus and Government Code
65915 shall be entitled to:
a. Up to a 35% increase in maximum allowable density described
in provision e of this Section;
b. A maximum height of four stories but not more than 45 feet;
c. Waivers, parking reductions, incentives and concessions as
described in Section 30 -17.
iii. Projects in which at least 50% of units are deed restricted for 55 years
to very -low and low income households, with at least half of these
restricted to very -low income households shall be entitled to:
a. A 60% increase in maximum allowable density described in
provision e of this Section;
b. A maximum height of five stories or not more than 60 feet;
c. A requirement of no more than 75 feet of open space per unit;
d. A requirement of no more than one parking space per
affordable residential unit;
e. Waivers, parking reductions, incentives and concessions as
described in Section 30 -17.
f. Projects in which 100% of units are deed restricted for 55 years
to very -low and low income households shall also be exempt
from q(i) of this Section.
Section 7. The Citywide Zoning Map shall be amended to change the zoning
designation for the parcels shown in Exhibit A. Zoning Map Amendments.
Section 8. Severability 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.
Section 9. This ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Section 10. The above amendments shall be known as and referenced to as
Rezoning Amendments No. 214 to Ordinance No. 1277, N.S.
Attest:
Lara Weisiger, City Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by Council of the City of Alameda in regular
meeting assembled on the 17th day of July, 2012, by the following vote to wit:
AYES: Councilmembers Bonta, Johnson, Tam and
Mayor Gilmore — 4.
NOES: Councilmember deHaan - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 18th day of July, 2012.
Lara Weisiger, City Clerk
City of Alameda