Ordinance 3223CITY OF ALAMEDA ORDINANCE No.3223
New Series
AMENDING CHAPTER XXX OF THE ALAMEDA MUNICIPAL CODE
(ZONING ORDINANCE) TO ALLOW SITE-SPECIFIC OPEN SPACE
PLANS FOR RESIDENTIAL DEVELOPMENT SUBJECT TO DESIGN
REVIEW APPROVAL
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 amendment maintains the integrity of the General Plan. The proposed
amendment to the Zoning Ordinance related to useable open space design is
consistent with the City of Alameda's General Plan. General Plan Policy 6.1.d
states that the City should promote the development and retention of open space
in private development to compensate for the shortage of public open space. The
residential zoning districts require that useable open space be distributed into
specific configurations of private and common open space. The private open
space for ground floor units must be fenced off while upper units must provide
balconies. These requirements can be restrictive for residential projects such as
affordable housing that may need flexibility to provide outdoor open space as
community areas for all of their tenants. Furthermore, the expense of
constructing private balconies in order to meet Zoning Ordinance requirements
could further restrict community amenities for the tenants. The proposed Zoning
Text Amendment allows developers to provide open space designs that best
meet the needs of their tenants while still meeting the total useable open space
minimum requirements of the Zoning Ordinance. The proposal is consistent with
General Plan Policy 6.1.d because it encourages private developers to create
more community open space and amenities for their tenants to help compensate
for the lack of public open space and parks. The amendment is also consistent
with similar open space requirements currently implemented in the North Park
Street District. The North Park Street District only requires a minimum amount of
useable open space for projects, and does not specify minimum totals for
common and private open space.
2. The amendment will support the general welfare of the community. The proposed
amendment to the Zoning Ordinance to allow for more flexible open space
distribution is consistent with the City of Alameda's goals, policies and programs.
The amendment will help Alameda meet the objectives specified in General Plan
Policy 6.1.d by allowing private developers to provide more community open
space and amenities to compensate for the shortage in public open space and
parks available in the City. Therefore, the proposed zoning text amendment will
enhance the general welfare of the Alameda community.
3. The amendment is equitable. The proposed amendment is equitable in that it
allows flexibility of open space design for all residential development subject to
Design Review approval. The amendment matches the same open space
requirements currently implemented in the North Park Street District.
4. The amendment is exempt from the California Environmental Quality Act. The
proposed amendment is categorically exempt from CEQA pursuant to CEQA
Guidelines Section 15305 Minor Alterations in Land Use Limitations.
Section 1. Section 30-5.12 Definition of Required Open Space shall be amended as
follows:
Add subsection 30-5.12.c
c. Exemption to Allow Redistribution of Private and Common Open Space In
exception to the common and private open space provisions of this section
i.
residential development subject to open space standards of this section may be
approved with more or less private or common open space provided the following
findings can be made as part of Design Review: 1) the design meets the amount of
total useable open space required 2) the combination of private open space and
common open space provides a better open space plan for the residents of the site
and/or a better architectural design for the building and 3) the open space plan
includes provisions for long-term maintenance and upkeep of the open space
including but not limited to a maintenance agreement service contract or other
quarantee.
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Presiding cero theCity Council
Attest:
b�'iL---L —
Lara Weisiger, Cit Jerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 181h day of September, 2018, by the following vote to
wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 19th day of September, 2018.
Ja et C. Kern, City Attorney
City of Alameda
Lara Weisiger, Ci Clerk
City of Alameda